New York Civil Service Attorney Law Blog

New York Civil Service Attorney Law Blog

Category Archives: Teacher Issues

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Article 78 for teaching license reinstatement denied

Posted in 3020a, Article 78, Civil Service Discipline, Teacher Issues
Petitioner retired while 3020a disciplinary charges were pending against him.  The Appellate Division Second Department held that the teacher was presumed to have known the Chancellor’s rule that you cannot have your license reinstated if you resign with 3020a charges pending.   Read about this Article 78 3020a case here.… Continue Reading


Posted in Appeal u rating, Article 78, Civil Service Discipline, Teacher Issues
  The question presented in this Article 78 appeal: 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 to annul petitioners probationary termination petitioner claimed the service under a different license would win added to… Continue Reading

CPLR Article 75 suit to overturn Education Law 3020-a decision denied.

Posted in 3020a, Teacher Issues
In this article 75 petition to vacate the determination of an arbitrator  which is made pursuant to New York State Education Law section 3020 – a The arbitrators’ from that ensued in seven appropriate, with professional, or insubordinate conduct were proven.  Accordingly petitioner is civil service law section 75 –b defense that the charges were… Continue Reading

Reinstated Teacher must follow DOE Chancellor’s regulations to retain tenure

Posted in 3020a, Civil Service, Civil Service Discipline, Teacher Issues
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 termination was arbitrary and capricious, an abuse of discretion and violated his right to have… Continue Reading

Terminated Probationary teacher seeking back pay in Article 78 must file Notice of Claim in 90 days

Posted in 3020a, Article 78, Civil Service, Civil Service Discipline, Teacher Issues
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 the Appellate Division, Second Department decision in that when back pay was requested a Notice… Continue Reading

Education Law 3020(a) termination decision upheld

Posted in 3020a, Civil Service Discipline, Teacher Issues
After and Education Law 3020-a hearing the Petitioner was terminated from employment with the New York City Department of Education. DOE.  She had been a tenured teacher and was charged with failing to plan and execute lessons after being observed on numerous dates. The Court ruled that the teacher “failed to implement the school administration’s… Continue Reading

Can I appeal a decision to terminate by an Administrative Law Judge?

Posted in 3020a, Article 78, Civil Service Discipline, Employment Law, Teacher Issues
So I frequently get asked the question: Are there are options when you are terminated following administrative hearing? The answer is yes. There is a section in the New York State Civil Practice Law and Rules known as Article 78 which allows you to file a Notice of Petition and Petition in the Supreme Court… Continue Reading

Teacher’s U rating reversed because NYC DOE did not follow required procedure

Posted in Appeal u rating, Article 78, Employment Law, Teacher Issues
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 principal did do an observation of the Petitioner but failed to: file a post observation… Continue Reading

Article 78 Petition by probationary teacher dismissed

Posted in Article 78, Teacher Issues
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 appealed the composition of the Chancellor’s committee but had failed to preserve his appeal by… Continue Reading

Teacher’s Improper Enrollment of granddaughter does not warrant Termination

Posted in Civil Service Discipline, Teacher Issues
 In a case handled by the  Law Office of Glass & Krakower an arbitration award was reversed and  but one portion of the arbitrator’s determination was  affirmed.  The facts underlying this case were:  a Public School Teacher enrolled her granddaughter in a school whose geographical  district the child did not reside in.  The arbitrator recommended… Continue Reading