Adlerstein v. Board of Education, 64 N.Y.2d 90 (1984)

A school board can assign non-teaching duties to a tenured teacher during a suspension period pending disciplinary hearings, provided the assignment is reasonably related to the teacher’s competence and training and maintains the dignity of the profession; furthermore, a school superintendent has broad authority to transfer teachers between schools absent contractual limitations or evidence of malice or bad faith.

Summary

These consolidated cases address the extent of a Board of Education’s authority over tenured teachers during suspension. Adlerstein, an art teacher, refused a reassignment to a different school after a disciplinary proceeding and sought reinstatement to his original position. Radoff, a social studies teacher, refused to perform tasks assigned during his suspension pending a disciplinary hearing and was subsequently dismissed. The New York Court of Appeals held that the Board could assign non-teaching duties to suspended teachers, and a superintendent has broad powers to transfer teachers between schools. The Court affirmed the denial of Adlerstein’s motion and affirmed Radoff’s dismissal.

Facts

Adlerstein, a senior art teacher, was suspended due to allegations of inadequate instruction and classroom management. He was reassigned to the Superintendent’s office but didn’t report. After reinstatement, he was assigned to a different school, which he refused. Radoff, a social studies teacher, was suspended and assigned tasks in the Board’s personnel office, which he refused to complete. This refusal led to a second set of charges and his eventual dismissal.

Procedural History

Adlerstein filed an Article 78 proceeding seeking reinstatement and back pay. Special Term initially denied the petition, then granted it in part, awarding back pay. The Appellate Division reversed. Adlerstein appealed. Radoff also filed an Article 78 proceeding challenging his dismissal. The Appellate Division confirmed the Board’s determination. Radoff appealed by permission of the Court of Appeals.

Issue(s)

1. Whether a Board of Education may require a suspended teacher to perform non-teaching assignments during the suspension period pending disciplinary proceedings.
2. Whether a school superintendent has the authority to transfer a teacher to a different school after reinstatement following a disciplinary proceeding.

Holding

1. Yes, because the statutory language authorizing suspension pending a hearing does not preclude assigning other duties, and such assignments serve public interests. Also because, the non-teaching assignment bears a reasonable relationship to the suspended teacher’s competence and training and is consistent with the dignity of the profession.
2. Yes, because the superintendent has broad authority to transfer teachers between schools absent contractual limitations or evidence of malice or bad faith.

Court’s Reasoning

The Court reasoned that suspension pending a hearing is not a form of censure or discipline but a measure to protect students and the public interest. The Court emphasized that the purpose of tenure is to ensure job security for competent teachers, which isn’t frustrated by temporary non-teaching assignments related to their expertise. Citing Education Law § 2566(6), the Court upheld the superintendent’s broad power to transfer teachers, absent contractual conflicts or evidence of bad faith. The court distinguished Bailey v McDougall, noting it addressed transfers as disciplinary actions under a different section of the Education Law. The court stated that nonteaching assignments which bear a reasonable relationship to the suspended teacher’s competence and training and is consistent with the dignity of the profession is permissible because “the rationale of Matter of Jerry was not his or her release from all service but the protection of a suspended teacher from impoverishment during the period of suspension”. Regarding the transfer, the court noted, “[T]he subdivision does not specify that he must be returned to the same position in the same building from which he was suspended, but only that he be restored to his position as an art teacher, subject, as he was before suspension, to transfer by the superintendent to any other school within the district.”