The Petitioner was a teacher with the NYC DOE for 21 years. He received "S" ratings for his first 18 years. He was assigned a classroom with children performing 2 to 3 years below grade level. The teacher requested an aide or assistant; he was denied help. The teacher received a "U" rating in 2008 and availed himself of the PIP program.
Teacher was cited for 3 issues in getting the "U" rating: class control, planning issues and managing students. After 3 consecutive "U"s he was charged with 9 specifications. The hearing officer found the teacher guilty and recommended termination.
Petitioner filed suit pursuant to CPLR 7511. The Appellate Division, First Department agreed with the Hearing Officer finding on the charges but held that the "penalty of termination shocks one's sense of fairness." The court detailing the teachers improvements over the three years and agreed with the teachers stance on the PIP program being haphazard and the teachers supervisors being inconsistent in their advice and observations. The case was remanded to the hearing officer for the imposition of a lesser penalty.
Read about this NYC DOE 3020-1 and CPLR 7511 case here.
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