Monday, July 11, 2016


Everyone should look at Jeff Kaufman's other blog called EdLawFaqs because it is very informative about teacher rights or lack thereof.

EdLawFaqs has posted regularly over the last couple of weeks. Unfortunately, all of the cases Jeff has written about have gone against teachers. The one I found most troubling was on the new evaluation system where the burden of proof shifts from the Board of Education to teachers in termination hearings after two ineffective ratings.

From Jeff:

The petitioner received observations in the secod year of the HEDI ratings by both her principal and an independent validator who both confirmed her overall ineffective rating even though petitioner was rated effective for her student performance measures.

An arbitrator, after a hearing of three witnesses, an assistant principal, the validator and the petitioner herself, found petitioner to be ineffective and ordered her to be terminated from DOE employment.

Petitioner appealed to the Supreme Court, New York County. Petitioner argued that the arbitrator's use of the presumptions which shifted the burden in the new expedited termination cases based on two consecutive ineffective ratings was improperly applied in her case. The Court found that while the arbitrator was not exact in her statements about the new evaluation scheme, overall it could not be said that her decision was irrational or that it violated public policy and lacked merit.

Justice Edmead found that the new evaluation scheme was proper and was properly applied in this case and affirmed the termination.

It's great to have Jeff back blogging regularly. I wish he would put stuff up here at ICE too. I also hope he writes about some teacher victories soon.


Anonymous said...

I guess things are working just as planned. The turnaround time from the first I to the termination decision is quick. Without knowing the particulars about the defense mounted during this teacher's original 3020a it's hard to judge. But reading over the case i question what kind of defense this teacher mounted and if any kind of defense was mounted at all. It does not even appear to me that this teacher was prepared to mount a defense.

This should be a reminder to all teachers that they should take this very seriously and not rely on the advice of our union. Preparation for your defense begins on day 1 in September. It's too late by the time you are informed of your second I.

Anonymous said...

Jeff blogging again is good news.