Matter of Green v. Board of Educ. of City of New York, 18 N.Y.2d 136 (1966)

A teacher who has completed a satisfactory probationary period and received a permanent appointment cannot be removed without a hearing and charges of incompetency, even if additional qualifications attached to the permanent appointment have not been fulfilled.

Summary

This case addresses whether a teacher with a permanent appointment can be removed without a hearing for failing to meet conditions attached to that appointment after successfully completing a probationary period. The New York Court of Appeals held that once a teacher receives a permanent appointment following a satisfactory probationary period, they cannot be removed without cause and a hearing, even if they haven’t fulfilled all preconditions attached to the permanent appointment. The court reasoned that allowing such conditions to persist beyond the probationary period would undermine the protections of the tenure law.

Facts

The Board of Examiners announced an examination for social studies teachers requiring a baccalaureate degree and 30 graduate semester hours. The announcement allowed applicants until February 15, 1964, to complete 28 of the 30 graduate hours. The petitioner had a baccalaureate degree and passed the exam. She received a license subject to meeting the preparation requirements by February 15, 1964. After a three-year satisfactory probationary period, the Board of Education made her appointment permanent, contingent on certification of satisfactory service during probation and subject to any conditions of the license. The petitioner had not completed all the required semester hours by 1964 and was notified that her teaching license would be terminated, leading to her removal without a hearing or charges.

Procedural History

The petitioner initiated an Article 78 proceeding to prevent her removal without a hearing and charges. The Special Term initially denied the petition. The Appellate Division reversed, granting the relief sought while allowing the respondents to initiate further proceedings consistent with the decision. The Board of Education appealed to the New York Court of Appeals.

Issue(s)

Whether a teacher with a permanent appointment, following satisfactory completion of a probationary period, can be removed without a hearing and specific charges for failing to meet conditions attached to the permanent appointment relating to educational qualifications.

Holding

No, because the Education Law prohibits the extension of a teacher’s probationary period beyond three years, and after a permanent appointment is made, a teacher “shall not be removable except for cause.”

Court’s Reasoning

The court reasoned that allowing conditions to be attached to permanent appointments that extend beyond the probationary period would undermine the protections of the tenure law. The statute explicitly states that a permanently appointed teacher “shall not be removable” except for specific grounds. The court emphasized that the time to assess teaching qualifications is during the probationary term, not after the appointment becomes permanent. The court cited People ex rel. Murphy v. Maxwell, 177 N.Y. 494, which held that statutory provisions for removal on charges of misconduct or incompetency are exclusive, preventing the Board of Education from imposing additional conditions, such as termination upon marriage. The court also referenced Matter of Boyd v. Collins, 11 N.Y.2d 228, clarifying that a board of education cannot bypass the tenure statute. According to the court, the failure to meet preconditions could be a valid ground for removal on charges and after a hearing if it adversely affected her competency to teach, but it cannot be the basis for summary dismissal. The court reasoned that the hearing afforded to the teacher was “for cause” and was addressed to good behavior and efficient and competent service.