Brown v. Board of Education

Petitioner seeks an order reinstating her to the position of public school teacher from the date when she was placed in “inactive” status, without pay, by the respondent (Board of Educ. of City of N. Y.) for allegedly being then physically unfit to teach. She contends that respondent’s failure to accord her a hearing and an opportunity to answer the charges which led to respondent’s action constitutes a violation of her tenured rights as a teacher (Education Law, § 2573).

Respondent does not deny that petitioner has such tenured rights and that she could not be suspended nor removed without a…