My 20 years experience the greatest dangers are believing that certain actions will get you disqualified and then either denying those actions minimizing those incidents or casting blame on others for those actions. The inability of candidates to admit having Read More …
Author: admin
Former NYPD Captain and member of NYPD Legal Bureau. 1993 St John's Law School Graduate.
3020a proceedings and Just Cause Standard
What is the just cause standard in 3020a proceedings? What is the just cause standard in teacher discipline? It was added to the New York State Education law 1994 – hearing officers must consider just causing determining penalties and take Read More …
NO CREDIT GRANTED FOR TIME TEACHING UNDER A DIFFERENT LICENSE- PROBATIONARY TERMINATION UPHELD
The question presented in this Article 78 probationary teacher termination case: Would a teacher be able to apply time served on very different license to calculate whether they are beyond probationary status? In this article 78 case of which sought Read More …
Reinstated teacher must follow regulations to retain tenure
Petitioner was a teacher of catering who resigned to take a chef’s position. Petitioner returned to a different school and was given a “U” rating and terminated. Petitioner filed an Article 78 petition without filing a grievance claiming that his Read More …
Terminated Probationary teacher seeking back pay in Article 78 must file Notice of Claim in 90 days
The New York State Court of Appeals held that a probationary teacher who sues for back pay in an Article 78 would have had to have filed a Notice of Claim within 90 after the claim arose. The Court affirmed Read More …
Article 78 to appeal U rating successful
Petitioner appeal a U rating for the 2010-2011 school year. Judge Hunter upheld the U rating but the Appellate Division, First Department reversed the ruling holding the the BOE, currently DOE did not follow the proper Performance Review Process. The Read More …
Teacher’s Article 78 to reverse U rating denied by Appellate Court
Petitioner was a probationary teacher with the New York City Department of Education and received a “U” rating. He appealed his “U” or unsatisfactory rating to the Chancllor’s committed and they denied his appeal. In his Article 78 filing he Read More …
Teacher’s U rating reversed after Article 78
Teacher received an “U” rating due to a number of factors including attendance and lateness for the 2010-2011 school year. She received unsatisfactory ratings in seven categories in her Annual Professinal Performance Review (APPR). Her principal wrote to her stating Read More …
Probationary Assistant Principal’s Article 78 Appealing U Rating denied.
A New York City High School teacher resigned in 2008 for personal reasons. He was brought back as a probationary assistant principal. While assistant principal he was charged for two incidents of misconduct. He was given a “U” rating and Read More …
Principal denied reinstatement
In this whole many County case the petitioner was terminated after 3028 hearing found some guilty of corporal punishment. Principal appealed successful but was not instated plus a certificate of credit patient has a fire. Principal then found an article Read More …