New York Court of Appeals

Matter of O'Reilly v. Board of Educ. of the City Sch. Dist. of the City of N.Y.

October 17, 20242024 NY Slip Op 05130

Summary

The New York Court of Appeals affirmed the Appellate Division’s dismissal of tenured teachers’ petitions challenging their placement on leave without pay for failing to provide proof of COVID‑19 vaccination. The court held that such placement is not a disciplinary action subject to Education Law §§ 3020 and 3020‑a hearings, that no due‑process violation occurred, and that the teachers lacked standing to bring article 75 claims and failed to join the union as a necessary party.