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 …
Author: admin
Former NYPD Captain and member of NYPD Legal Bureau. 1993 St John's Law School Graduate.
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 …
Teacher’s Contract Protest Protected by 1st Amendment Free Speech
East Meadow school district fined Richard Santer $500 after he parked his car at the curb and placed his contract protest sign in the car window on a rainy day. On other days the teachers protesting for a better contract Read More …