Legal Opinion

Jerry v. Board of Education

New York Court of Appeals

Decided December 20, 1974PublishedCited by 99 opinions

1Opinion of the CourtJones, J.

In the context of these two cases we hold that section 3020-a of the Education Law, as presently drafted, does not authorize suspension of a tenured teacher without pay.

In Jerry, after investigation and the filing of initial charges and confronted with continuing parent complaint, the Board of Education, finding probable cause for both the initial and additional charges, suspended a physical education teacher without pay in June, 1973. The charges involved allegations that the teacher had subjected pupils to “ unreasonable and excessive physical force ”, had used “ inappropriate and profane…

2Cases cited11 opinions

  1. Griswold v. ConnecticutSupreme Court of the United States · 1965
  2. Arnett v. KennedySupreme Court of the United States · 1974
  3. Mitchell v. W. T. Grant Co.Supreme Court of the United States · 1974
  4. Morrison v. State Board of EducationCalifornia Supreme Court · 1969
  5. Beilan v. Board of Public Ed., School Dist. of PhiladelphiaSupreme Court of the United States · 1958

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3Cited by99 opinions

  1. Boryszewski v. BrydgesNew York Court of Appeals · 1975
  2. Weissman v. Board of Ed. of Jefferson Cty. Sch. Dist.Supreme Court of Colorado · 1976
  3. Yanzick v. SCHOOL DIST. NO. 23, ETC.Montana Supreme Court · 1982
  4. Adlerstein v. Board of EducationNew York Court of Appeals · 1984
  5. Blaine v. Moffat County School District Re No. 1Supreme Court of Colorado · 1988

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