Boyd v. Collins

Dye, J. (dissenting).

Section 3013 of the Education Law provides in substance that a public school teacher with tenure shall hold his respective position during good behavior and competent and efficient service and shall not be removed except upon written charges after a hearing upon notice.

The Appellate Division has construed this provision against discharge as a pronouncement of public policy against the enforcement of any contract made between a teacher and the board “within the frame of the statute”; in short, that a teacher may not relinquish the protection of tenure except through the…