Wednesday, December 30, 2009

DATES AND TIMES FOR PUBLIC MEETINGS ON ALL SCHOOLS PROPOSED FOR CLOSURE

The following list came from the Indypendent who received it from Ed Notes. Indypendent has a good piece on school closings.

Here are the dates and times for upcoming hearings at schools designated for closure:
5-Jan 6pm School for Community Research and Learning HS 1980 Lafayette Ave, Bronx5-Jan 6pm Academy of Environmental Science and Renaissance Charter 410 East 100 Street, Manhattan6-Jan 6pm Frederick Douglas Academy III (6 -8) 3630 3rd Ave, Bronx6-Jan 6pm Beach Channel HS at Beach Channel HS7-Jan 8pm Columbus HS 925 Astor Ave, Bronx7-Jan 5pm Global Enterprise HS 925 Astor Ave, Bronx7-Jan 6pm Paul Robeson HS 150 Albany Ave, Bklyn7-Jan 6pm Jamaica HS 16701 Gothic Drive, Queens8-Jan 6pm Choir Academy of Harlem HS 2005 Madison Ave, Manhattan11-Jan 6pm Norman Thomas HS 111 E 33st, Manhattan11-Jan 6pm Kappa II (6-8) 144-176 East 128 st, Manhattan
11-Jan 6pm Alfred E. Smith HS 333 East 151st, Bronx12-Jan 6pm William H. Maxwell Vocation HS 145 Pennsylvania Ave, Brooklyn12-Jan 6pm Business, Computer Applications and Entrepeneur HS 207-01 116 Ave, Queens13-Jan 6pm Academy of Collaborative Education (6-8) 222 West 134 St, Manhattan13-Jan 6pm PS 332 (k-8) 51 Christopher Ave, Bklyn13-Jan 6pm School for Academic and Social Excellence (6-8) 1224 Park Place, Brooklyn14-Jan 6pm New Day Academy HS 800 Home St, Bronx14-Jan 6pm Metropolitan Corporate Academy 362 Schermerhorn St, Bklyn19-Jan 6pm Monroe Academy of Business Law HS 1300 Boynton ave, Bronx26-Jan 6pm PEP meeting Brooklyn Tech High SchoolSource: Ed Notes

January 7 is the Public Meeting for Jamaica



We urge everyone to attend and comment at all of the hearings on the proposals to close schools. For Jamaica High School, the meeting will be in our huge auditorium. All are invited.





January 7, 2010, Jamaica High School - 6 PM - Sharp!! Calling all Alumni and friends of Jamaica High School!


Join the Hundreds of others there showing the passion ---this has just begun. - Save Jamaica High School - Calling all Jamaica High School alumni! Calling all those tired of the politicians lying to us and making horrible decisions!


Council member Leroy Comrie told us to e-mail every day Joel Klein,jklein@nycboe.net and Mike Bloomberg at mbloomberg@Bloomberg.com and say that the people will not let them close Jamaica High School. That they cannot justify this action.


The funding for Jamaica HS went to other schools. Keeping the school open didn’t mesh with the plans to revitalize Jamaica and its shopping district…. so this grand and one time glorious institution will be shuttered forever and this was decided a long time ago.

Help keep JHS alive and return it to the crowning jewel it once was. Help ensure that the funds are spent here instead of closing it down and opening up 2 other smaller schools. JHS will not accept 9th graders in 2010 and those who are there will still graduate….but, with what funding?

What skills will they graduate with? What attention will these students receive? It is apparent that not only do these decision-makers not care about these students but they have deceived us by planning this move a long time ago and keeping silent about it.

The building is land marked. If the bulldozers come to take it down, I would not be alone in lying in front of the machines daring them to move.

Check out the Save Jamaica High School on facebook and see the momentum.

PLEASE SHOW YOUR SUPPORT AND BARRAGE THESE ELITISTS WITH EMAILS, CALLS AND LETTERS DEMANDING THAT THEY KEEP OUR SCHOOL OPEN.




Thursday, December 24, 2009

A JAMAICA 2009 GRADUATE COMMENTS ON THE PROPOSAL TO CLOSE JAMAICA

To Whom it May Concern,

I write not only in defense of my Alma matter, but to take a stand against the injustices that the New York City Department of Education (NYCDOE) is committing on both our children and our communities. I firmly believe it is an issue when the leadership that is supposed to be looking out for the needs and interests of people in this city don't answer emails or telephone calls. If your life is so encompassed with more important aspects I think you should reconsider your career. Start listening and caring about what people like myself have to say, for this is a democracy not a dictatorship.

As a proud graduate of Jamaica High School, I am currently in my first year at Adelphi University double majoring in International Studies and Adolescent Education. I return to Jamaica High School at least once a week, for it is regarded by myself and many as our home away from home. It is the place that instilled within us the strong morals and values of education and learning. For that I am eternally grateful to it's supportive teachers, staff and administration.

It was Albert Shanker that once said, “Some of our teachers are incredible, some of them are quite good and some of them should not be teaching.” Jamaica High School is definitely a school full of the most incredible educators that try their utmost best to teach their students. To phase out Jamaica High School is almost an insult to them and their hard work. They have strived to not only help students understand the subject matter, but express the value of education and invest in their students education. They do not have the “I'm here for a paycheck” attitude. The quality of our teachers is what in the Chancellor's words is responsible for the tone of a school.

On Wednesday December 16th, 2009 a rally was held at Jamaica High School. Hundreds of students, staff and alumni all alike came out to vouch for and support their home. What my mind can not fathom, is despite the angry comments and statements given by people that know this school and community the most, is why is this proposal still in consideration? It is the plan of the Mayor and Chancellor that only seem to view the business and legal perspective of the matter. Quite frankly, I believe that our schools only fail because the NYCDOE handicaps them into failure.

If more and more students are suffering, why would you take away more funding? It makes little or no sense. The numbers show it. At a typical public high school in New York City, $17,696 is spent per student. At Jamaica, only $15,691 is allotted per pupil. Our resources and materials are in poor standing only because it has been allowed to turn this way. Instead, money has been flowing to create small new high schools which simply can not reach the needs of students.
One of these small schools is Queens Collegiate, a College Board School that has invaded the Jamaica High School campus. These students receive funding from the Bill & Melinda Gates foundation. They have state of the art equipment and technology. Jamaica High School students however, suffer from an academic apartheid. In decades after Brown v. The Board of Education, equal education opportunities are supposed to be at our doorstep. Instead, Jamaica High School continues to suffer and be neglected by the NYCDOE.

I have seen Jamaica HS transform into a building of 2,500 to nearly 1,500. This was because the NYCDOE sent out letters deeming it as “persistently dangerous.” In other reports and statements it has been called “dysfunctional and non-performing.” This again is an insult to every student, teacher and administrative official that has walked the halls of that beautiful building. When we got off the “persistently dangerous” list, where was the letter notifying parents about that?

Jamaica High School is the centerpiece of the largest community in Queens with over 200,000 people. It is a part of the most diverse county in the nation with 73% of the residents as non-white. Nearly 104,000 are Black-with either rich roots in this nation or hailing from various parts of the Caribbean and as far as Africa. Almost 44,000 are Hispanic, and 24,000 are Asian, an estimated 18,000 of those from Bangladesh, India and Pakistan in direct proximity of the school building. They line the streets of Hillside Avenue flowing from block to block in unity and diversity. Why is it that these are always the communities considered as “high-needs?” The blatant truth is that this is an issue of demographics, and the failure of the NYCDOE to understand how to meet the needs of minorities in city schools.

Jamaica High School is a comprehensive learning environment that give students exposure to many different programs and courses. Small schools won't do that, but instead force a child into a subject matter they may not necessarily like. A school of Jamaica's size is ideal for the mayor's plan for small academies. However, it is ridiculous to envision three, four or even more schools housed in a building with separate principals, assistant principals and administrations. A New York City School Principal makes close to $150,000 and an assistant principal makes over $100,000. I am not prepared to see our hard earned tax dollars go to waste. The solution is to create the programs foreseen under the existing Jamaica High School; under a single leadership. The students should be broken into academies but still have flexibility to explore areas out of their interests.

It is the DOE Office of Portfolio and Plannings mission to “strive to create a portfolio of schools and to meet the needs of the diverse student body in this city.” Why is there a need to create schools? Why can't we work with the schools we have? If starting fresh is the thing to do maybe we should consider that with the Education Department's leadership. From our interaction on December 16th, 2009 it is my understanding that they really don't care what anyone has to say. When members of the panel are on their blackberry's and chatting with one another how do they expect to gain the respect of the audience? These are people with experience in the charter school environment. Of course, they will only think that way. They spoke as if this proposal was already etched in stone, forgetting to mention the creation of “28Q325” and “28Q328” as mentioned in the Amended Public Notice. There needs to be an open minded approach towards this situation.

It was stated that the community would have a say in the new schools. On December 16th, we spoke out. We don't want a say in new schools and don't want new schools for that matter. We want our school to remain alive, and the New York City Department of Education to accept responsibility for its “failure” in the past. Just because something isn't working how you want it to, you simply just don't “throw it away,” you work to fix it. Closing Jamaica HS would only reflect the epic failure of the NYCDOE under mayoral control in the past eight years. I hope that a decision that best reaches the needs of this community is reached and understood by the city so that it, and our children can prosper in this flourishing area of Jamaica, Queens in the future.

-Reaz N. Khan

Monday, December 21, 2009

FIGHT TO SAVE SCHOOLS SLATED FOR CLOSING CONTINUES TO GAIN MOMENTUM

For those of you who have been following the fight to save our schools, there were so many positive developments last week.

Jamaica had our rally and "information session" last Wednesday and we nearly filled our thousand seat auditorium. You can read all about it here.

Seung OK was on the radio opposing the closing of Maxwell.

Beach Channel and Norman Thomas also had meetings and there was a rally at Norman Thomas. The UFT is supporting a demonstration at the January 26 Panel For Educational Policy meeting where our fates will be determined. The PEP met on Thursday and there was an auditorium filled with people opposing the school closings.

Get involved and organize. This is not just about the schools that are closing. It's about the future of education in New York City.

Sunday, December 20, 2009

From the Legal Side

Two issues and three cases are dealt with today. The first deals with successfully suing a student for assaulting or otherwise injuring a teacher. The second deals with an Assistant Principal who won a U rating appeal by going to Court.

Zelinda Dinardo v. City of New York. 2009 NY Slip Op 8853; 2009 N.Y. LEXIS 4144, (NY, Dec. 1, 2009)

There has been a rumor going around that teachers can no longer sue students for assault due to this Court of Appeals decision. While winning has been made more difficult there still are circumstances you can sue.

Ms. Dinardo, a special education teacher, was injured by one of her students. She claimed that she had notified the school's administration about the violent propensities of the student and received verbal assurance that something would be done about him. After she was injured she commenced a lawsuit and won a $500,000 judgment against the Board. (She also sued the child in a separate action but it is unclear what happened with that case).

The Board appealed to the Appellate Division and the State's highest court, the Court of Appeals and in a decision with a sharp dissent our State's highest court ruled that the judgment would not stand. While the Court conceded that the assurances were made they found no special duty existed between the Board and Dinardo to make the Board liable for her injuries.

While it is difficult to define the special duty must be such that the teacher can reasonably rely upon. Just what Dinardo could do in a situation that she was in is puzzling. She can't refuse to teach the potential dangerous child but should have obtained more specific assurances that the administration knew of the child's dangerous propensities and that they were doing something about it. While not the normal teacher practice several well placed memos and a proactive Union could have prevented the loss of this judgment.

No sooner was the Dinardo case reported that a school safety officer met the same fate. Maria Rollins also injured by a special education student could not recover her damages because the Appellate Division found no special duty. Maria Rollins v. Board of Education, 2009 NY Slip Op 9292; 2009 N.Y. App. Div. LEXIS 9125, (AD 1st Dept, December 15, 2009)

In the Matter of Gloria Blaize, appellant, v Joel L. Klein, etc., et al., 2009 NY Slip Op 9021; 2009 N.Y. App. Div. LEXIS 8848 (AD 2nd Dept., Dec. 1. 2009)

Gloria Blaize was U rated in 2003 by District 22 Superintendant John T. Comer. The original case sought reinstatement to her position and reversal of the U rating but by the time she started the case the 4 month statute of limitations ran on her reinstatement claim (remember the time starts to run when you are terminated or demoted not after your U rating hearing or appeal).

In any case the Appellate Division noted that her claim for the U rating was still viable and sent it back to the Supreme Court for a determination. The Supreme Court affirmed the DOE and on appeal the Appellate Division reversed.

The Appellate Division cited several irregularities which required reversal similar to Jill Budnick's case reported below. These included the fact that Blaize was not provided a complete set of documents on which the U rating determination was based within three weeks of her challenge as mandated by BOE by-law 5.3.4A. The hearing took place over two years after her challenge which also violated BOE procedures.


Monday, December 14, 2009

Help Save Norman Thomas, Maxwell, Jamaica & all Schools that could be Closed

Jamaica High School received some good press this weekend with a fantastic feature on our school and one of our former athletes from George Vecsey in the NY Times. If you really want to help support schools that DOE is trying to close, come to the rally Thursday afternoon to save Norman Thomas and Wednesday, at 5:30 p.m. to save Jamaica. There is also a PEP meeting Thursday in the Bronx. We should lend a hand to any other actions supporting members in the 22 schools that could be closed.

Go to the PEP web page for information on how to comment on the proposals. For Jamaica, Norman Thomas and Maxwell, it's Samuel SlovesHS.Proposals@schools.nyc.gov 718-935-4414

Here is the complete list from the DOE web page. We hope people go to as many rallies as they are able to.
People power only works if there are a whole lot of people out there.


proposals here
**Please note that the meeting time and date is pending confirmation from the Community Education Council and the respective School Leadership Team(s).

BRONX
School
Type of Change & Proposal
Educational Impact Statement
Comment
Date & Time of Hearing
Location of Hearing
P.S. 11 (09X011)
Expansion of a K-4 to K-5. See Public Notice
EIS
Natalie Ondiak D9Proposals@ schools.nyc.gov 718-935-4158
***January 12, 2010 at 6:00pm
1257 Ogden Avenue, The Bronx
I.S. 22 (09X022)
Truncation of a 5-8 to a 6-8. See Public Notice
EIS
Natalie Ondiak D9Proposals@ schools.nyc.gov 718-935-4158
***January 20, 2010 at 6:00pm
490 Hudson Street, Manhattan
P.S. 114 (09X114)
Expansion of a K-4 to K-5. See Public Notice
EIS
Natalie Ondiak D9Proposals@ schools.nyc.gov 718-935-4158
***January 14, 2010 at 6:00pm
1155 Cromwell Avenue, The Bronx
P.S. 195 (12X195), P.S. 196 (12X196), and P.S. 197 (12X197)
Unification of campus schools. See Public Notice
EIS
Natalie Ondiak D12Proposals@ schools.nyc.gov 718-935-4158
***January 19, 2010 at 6:00pm
1250 Ward Avenue, Bronx
P.S. 204 Morris Heights (09X204)
Re-location of an existing school into a new building. See Public Notice
EIS
Natalie Ondiak D9Proposals@ schools.nyc.gov 718-935-4158
***January 22, 2010 at 6:00pm
108 West 174th Street, Bronx
New Day Academy (12X245)
Phase out with replacement. See Public Notice
EIS
Samuel SlovesHS.Proposals@schools.nyc.gov718-935-4414
January 14, 2010 at 6:00pm
800 Home Street, Bronx
New School MS D10 - Building X115 (10X363)
New school. See Public Notice
EIS
Natalie Ondiak D10Proposals@ schools.nyc.gov 718-935-4158
***January 13, 2010 at 6:00pm
120 East 184 Street, The Bronx
Christopher Columbus High School (11X415)

Phase-out without replacement. See Public Notice
EIS
Samuel SlovesHS.Proposals@schools.nyc.gov718-935-4414.
January 7, 2010 at 6:00pm
925 Astor Avenue, Bronx
School for Community Research & Learning (08X540) & New School (08X432)
Phase-out & co-location. See Public Notice.
EIS
Kim WongHS.Proposals@schools.nyc.gov718-935-4414
January 5, 2010 at 6:00pm
1980 Lafayette Avenue, Bronx
Frederick Douglass Academy III Secondary School (09X517)
Grade truncation. See Public Notice
EIS
Kim WongD09Proposals@Schools.nyc.gov718-935-4158
January 6, 2010 at 6:00pm
3630 Third Avenue, Bronx, NY
Global Enterprise High School (11X541)
Phase-out without replacement. See Public Notice
EIS
Samuel SlovesHS.Proposals@schools.nyc.gov718-935-4414.
January 7, 2010 at 6:00pm
925 Astor Avenue, Bronx
Alfred E. Smith Career and Technical Education High School (07X600)
Phase out with replacement. See Public Notice
EIS
Samuel SlovesHS.Proposals@schools.nyc.gov718-935-4414.
January 11, 2010 at 6:00pm
333 East 151 Street, Bronx, NY
Monroe Academy for Business/Law (12X690)
Phase-out with no replacement. See Public Notice
EIS
Samuel SlovesHS.Proposals@schools.nyc.gov718-935-4414.
January 19, 2010 at 6:00pm
1300 Boynton Avenue, Bronx

BROOKLYN
School
Type of Change & Proposal
Educational Impact Statement
Comment
Date & Time of Hearing
Location of Hearing
New School ES #4 D20 - Building K989 (20K264)
New school. See Public Notice
EIS
Natalie OndiakD20Proposals@schools.nyc.gov718-935-4390
***January 11, 2010 at 6:00pm
415 89 Street, Brooklyn
P.S. 332 Charles H. Houston (23K332)
Phase-out with replacement. See Public Notice
EIS
Samuel SlovesD23.Proposals@schools.nyc.gov718-935-4390
January 13, 2010 at 6:00pm
51 Christopher Avenue, Brooklyn
Middle School for Academic and Social Excellence (17K334)
Phase-out with no replacement. See Public Notice
EIS
Samuel SlovesD17.Proposals@schools.nyc.gov718-935-4390
January 13, 2010 at 6:00pm
1224 Park Place, Brooklyn
Metropolitan Corporate Academy (15K530)
Phase-out with replacement. See Public Notice
EIS
Samuel SlovesHS.Proposals@schools.nyc.gov718-935-4414
January 14, 2010 at 6:00pm
362 Schermerhorn Street, Brooklyn
Paul Robeson High School (17K625)
Phase-out without replacement. See Public Notice
EIS
Samuel SlovesHS.Proposals@schools.nyc.gov718-935-4414
January 7, 2010 at 6:00pm
150 Albany Avenue, Brooklyn
PAVE Academy Charter School (84K651)
Co-location of an existing school into a existing building. Public Notice
EIS
Natalie Ondiak D15Proposals@ schools.nyc.gov 718-935-4158
***January 19, 2010 at 6:00pm

71 Sullivan Street, Brooklyn
W.H. Maxwell Career and Technical Education High School (19K660)
Phase-out with replacement. See Public Notice
EIS
Samuel SlovesHS.Proposals@schools.nyc.gov718-935-4414
January 12, 2010 at 6:00 p.m.
145 Pennsylvania Avenue, Brooklyn
New School MS D23 - Building K263 (23K671)
New school. See Public Notice
EIS
Natalie Ondiak
D23Proposals@ schools.nyc.gov 718-935-4390
***January 20, 2010 at 6:00pm
210 Chester Street, Brooklyn
New School ES D17 - Building K398 (17K748)
New school.
EIS
Natalie Ondiak D17Proposals@ schools.nyc.gov 718-935-4158
***January 14, 2010 at 6:00pm
60 East 94 Street, Brooklyn

MANHATTAN
School
Type of Change & Proposal
Educational Impact Statement
Comment
Date & Time of Hearing
Location of Hearing
KAPPA II (05M317)
Phase out with replacement. See Public Notice
EIS
Samuel SlovesD05.Proposals@schools.nyc.gov718-935-4415.
January 11, 2010 at 6:00 p.m.
144-176 East 128 Street, Manhattan
Academy of Collaborative Education (05M344)
Phase-out with replacement. See Public Notice
EIS
Samuel SlovesD05.Proposals@schools.nyc.gov718-935-4415.
January 13, 2010 at 6:00pm
222 West 134 Street, Manhattan
Choir Academy of Harlem (05M469)
Phase-out with replacement. See Public Notice
EIS
Samuel SlovesD05.Proposals@schools.nyc.gov718-935-4414.
January 8, 2010 at 6:00pm
2005 Madison Avenue, Manhattan
Academy of Environmental Science High School (04M635) and Renaissance Charter High School for Innovation
Phase-out and co-location. See Public Notice
EIS
Kim WongHS.Proposals@schools.nyc.gov.718-935-4414
January 5, 2010 at 6:00pm
410 East 100 Street, Manhattan
Norman Thomas High School (02M620)
Phase-out with replacement. See Public Notice
EIS
Samuel SlovesHS.Proposals@schools.nyc.gov718-935-4414
January 11, 2010 at 6:00 p.m.
111 East 33rd Street, Manhattan
Greenwich Village Middle School (02M896)
Co-location of an existing school into a existing building. SeePublic Notice
EIS
Natalie Ondiak D2Proposals@ schools.nyc.gov 718-935-4415
January 12, 2010 at 6:00pm
490 Hudson Street, Manhattan

QUEENS
School
Type of Change & Proposal
Educational Impact Statement
Comment
Date & Time of Hearing
School
Beach Channel High School (27Q410)

Phase-out and co-location. See Public Notice
EIS
Kim WongHS.Proposals@schools.nyc.gov.718-935-4414
January 6, 2010 at 6:00 p.m.

Beach Channel High School (27Q410)

Business, Computer Applications, and Entrepreneurship High School (29Q496)
Phase out with replacement. See PublicNotice
EIS
Samuel SlovesHS.Proposals@schools.nyc.gov718-935-4414.
January 12, 2010 at 6:00pm
207-01 116th Avenue, Queens
Jamaica High School (28Q470)
Phase-out without replacement. See Public Notice
EIS
Samuel SlovesHS.Proposals@schools.nyc.gov718-935-4414.
January 7, 2010 at 6:00pm
Jamaica High School (28Q470)

STATEN ISLAND
School
Type of Change & Proposal
Educational Impact Statement
Comment
Date & Time of Hearing
School
New School ES D31 - Building R831 (31R071)

New school.
EIS
Kim Wong, D31Proposals@ schools.nyc.gov718-935-4397
***January 20, 2010 at 6:00pm
211 Daniel Low Terrace, Staten Island

Thursday, December 03, 2009

JAMAICA HS SLATED FOR PHASE OUT

We've been worried about it for a long time but it still was a shock today when the DOE announced to us that the 117 year old Jamaica High School would be phasing out.

I spent the afternoon meeting with the Chapter, union officials and the press to make the case for our school.

We hope the readers of this blog will join us and all of the other schools that are on the chopping block to work to organize to oppose these crazy school closings.

Tuesday, December 01, 2009

DOE HANDED STUNNING DEFEAT IN “U” RATING APPEAL

In a sharply worded decision, yesterday, Justice Walter Tolub of New York Supreme Court rebuked the DOE for affirming a "U" rating given by an elementary school principal to a 20 year veteran when few of the procedural safeguards were followed. Jill Budnick, represented by private counsel, decided not to accept the rating and had claimed that she was targeted by the principal due to her seniority.

Justice Tolub found that the teacher evaluations and appeals of unsatisfactory ratings must be conducted in compliance with the formal procedures set forth primarily in two handbooks prepared by the Division of Human Resources, namely, "Rating Pedagogical Staff Members" and "The Appeal Process." The Handbook requires a Rating Officer (in this case, the school principal) to complete a thorough performance review for the academic year before rating the teacher (Section 11, at 3-4).

The Handbook states that the Rating Officer should make informal and formal classroom visits in order to improve and sustain effective teaching (Ex. 4, Section 1, A, at 1). A formal observation may consist of one full-period observation or a series of short visits by the principal (Section II, E, at 7). Discussion with the teacher before and after an observation must be built into the formal observation process, along with a post-observation conference and a written report, which should include prescriptive recommendations for professional growth where appropriate.
The Rating Officer must characterize each formal observation of the employee's performance Satisfactory or Unsatisfactory and indicate why this is so (Section 1, A, at 1). In arriving at the rating for a school year, the Rating Oficer should take into account all events and incidents manifesting professional growth, pupil guidance and instruction, and classroom management (Section, II, C, at 4). A U rating has serious implications, as it is a compelling reason to file charges against a tenured teacher and may affect the teacher's ability to obtain additional licenses and salary increments (Section II, G, at 9).

Reports of observations must be included in a teacher's official file and a teacher is permitted to append a letter or note of explanation or rebuttal to documents placed in the file (Ex. 4, Section 11, I, at 9-10). This appended material is considered part of the original document and should be permanently attached thereto (Section II, I, at lo). Any material to be placed in a teacher's file must include a notation that it is being placed in the file and a space for the teacher to sign and to indicate when he or she received a copy of the material.

Justice Tolub found that the rating officer did not provide pre and post observation conferences or any meaningful way to correct Budnick's alleged deficiencies. Additionally the Court noted that documents appended to the file letters were not included in the record on appeal and the appeals officer refused to mark into the record supportive letters from colleagues and other teachers.

The irregularities, according to the Court required that the U rating be vacated, an S rating be substituted and the DOE ordered to make the changes.