Tag Archives: Education

Georgia Employment and Education Lawyer Obtains Dismissal Of Teacher’s PSC-Professional Standards Commission Suspension Charge Against Her Teaching Certificate

Georgia Employment and Education attorney obtained a full dismissal and no probable cause finding from the Attorney General and Georgia Professional Standards Commission involving a charge brought against a school teacher facing a suspension of her teaching certificate due to … Continue reading

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School district resident alleges members of the board of education and school officials and staff of "incompetent, unethical, inappropriate and illegal behaviors."

School district resident alleges members of the board of education and school officials and staff of "incompetent, unethical, inappropriate and illegal behaviors." Decisions of the Commissioner of Education, Commissioner's decision 17,393In view of the variety issues addressed by the Commissioner in … Continue reading

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Diary of a part-time special education lawyer (podcast)

Being a lawyer can sometimes seem like an all-consuming profession, but for lawyers with external responsibilities, part-time practice is a good option. In this episode of the ABA Law Student Podcast, host Caitlin Peterson talks to Melissa Waugh about her experience as a … Continue reading

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Directions conference, Future of legal education II

The next slot of parallel sessions, and I’m attending the second future of legal education  session.  First up, Eugene Lim, City U of Hong Kong, on ‘Teaching jurisprudence in a ‘technology-enabled’ classroom: An experiment with experiential learning’.  Two questions – … Continue reading

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Unsatisfactory rating voided because employee's "performance review," failed to comply with the employer's own procedures and thus undermined the integrity of the process Joyce v City of New York, 2018 NY Slip Op 03433, Appellate Division, First Department The Appellate Division annulled the determination of respondent New York City Department of Education [DOE] sustaining the "unsatisfactory" rating for the 2010-2011 academic year give to John Joyce, a tenured teacher. The court said that the record demonstrates "deficiencies in the performance review process" that resulted in Mr. Joyce being given an unsatisfactory rating for the 2010-2011 academic year. Citing Matter of Gumbs v Board of Educ. of the City Sch. Dist. of the City of N.Y., 125 AD3d 484, and Matter of Richards v Board of Educ. of the City Sch. Dist. of the City of N.Y., 117 AD3d 605, the Appellate Division noted that these deficiencies "were not merely technical, but undermined the integrity and fairness of the process." Mr. Joyce had received a satisfactory rating for the previous academic year and, in contravention of its own procedures, DOE failed to place him on notice that he was in danger of receiving an unsatisfactory rating for the 2010-2011 academic year until after April 28, 2011. Although DOE's procedures required that tenured teachers in danger of receiving an unsatisfactory rating have "formal observations including a pre-observation and post-observation conference by the principal … as part of a prescriptive plan to improve their teaching," Mr. Joyce received only one formal observation which took place one week before the end of the academic year and was not part of a prescriptive plan to improve his performance as a teacher. The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2018/2018_03433.htm

Unsatisfactory rating voided because employee's "performance review," failed to comply with the employer's own procedures and thus undermined the integrity of the process Joyce v City of New York, 2018 NY Slip Op 03433, Appellate Division, First DepartmentThe Appellate Division … Continue reading

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