Legal Opinion

Freeman v. Board of Education of the Hempstead School District

Appellate Division of the Supreme Court of the State of New York

Decided October 3, 1994PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

Balletta, J. P.

The resolution of this case requires inquiry into the rather murky case law surrounding tenure—in particular, two different statutory and regulatory provisions governing the rehiring or continued employment of a tenured teacher, including the right to displace (or "bump”) less senior teachers: Education Law § 2510 (3) and 8 NYCRR 30.13.

*40The appellant Board of Education of the Hempstead School District (hereinafter the Board) removed the petitioner from her position as a School Nurse Teacher after her position was abolished. The petitioner argued that because…

2Cases cited19 opinions

  1. Ricca v. Board of EducationNew York Court of Appeals · 1979
  2. Chauvel v. NyquistNew York Court of Appeals · 1977
  3. Ward v. NyquistNew York Court of Appeals · 1977
  4. Mugavin v. NyquistAppellate Division of the Supreme Court of the State of New York · 1975
  5. Brewer v. Board of Education of Plainview-Old Bethpage Central School DistrictNew York Court of Appeals · 1980

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3Cited by3 opinions

  1. Kaufman v. Fallsburg Central School District Board of EducationAppellate Division of the Supreme Court of the State of New York · 1996
  2. Levy v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 2000
  3. Matter of Board of Educ. of The Minisink Val. Cent. Sch. Dist. v. EliaAppellate Division of the Supreme Court of the State of New York · 2019

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