79 N.Y.2d 1 (1992)

A tenured, certified teacher who is involuntarily reassigned to teach a subject area in which they are not certified is entitled to pay during suspension pending a disciplinary hearing under Education Law § 3020-a, absent explicit statutory authorization to the contrary.

Summary

David Winter, a tenured business education teacher, was reassigned to teach science, a subject he was not certified to teach, due to a reduction in force. The Board of Education then suspended him without pay pending a disciplinary hearing under Education Law § 3020-a for lacking science certification. Winter challenged the reassignment and sought back pay. The Court of Appeals held that Winter was entitled to pay during suspension because he was a certified teacher and there was no explicit statutory authorization to withhold his pay, even though he lacked certification in the reassigned subject. The court distinguished this situation from cases involving teachers who completely lacked certification.

Facts

David Winter was a tenured teacher certified in business and driver education, employed by the Rhinebeck Central School District. Due to budget cuts and declining enrollment, his business education position was eliminated. The Board reassigned Winter to teach secondary science, a subject he was not certified to teach. Simultaneously, the Board initiated disciplinary proceedings under Education Law § 3020-a, citing his lack of science certification, and suspended him without pay.

Procedural History

Winter commenced a CPLR article 78 proceeding seeking reinstatement and back pay. The Supreme Court dismissed the reinstatement claim (pending arbitration) but ordered the Board to pay Winter during his suspension. The Appellate Division reversed the Supreme Court’s order regarding pay, concluding Winter was