THE TEACHER'S LAWYER

ABOUT THE TEACHER'S LAWYER...

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at nyteacherslawyer.com

See linkedin profile of Bryan Glass, Esq.

"A Lawyer's Guide To Teacher Rights and Responsibilities in New York State"
Link to Video Presentation

Visit us at www.glasskrakower.com and

bryandglasslawgroup.blogspot.com.

100 Church Street, 8th Floor

New York, NY 10007

(212) 537-6859

(914) 202-0300

bg@teacherslawyer.com

bg@glasskrakower.com

See The School and Education Law blog and this blog below for latest news articles about education in NYC and beyond.

Specialties include:

-Section 3020-a defense of tenure rights (incompetency, corporal punishment, verbal abuse, etc.)

-Article 75 proceedings
-Article 78 proceedings
-Commissioner of Education appeals
-Discrimination/retaliation/Title VII/ADEA/ADA cases before CCHR/SDHR/EEOC administrative agencies and federal and state courts
-Grievance advice
-Ineligible inquiry list inquiries

-Medical Bureau inquiries
-Office of Children and Family Services (OCFS) defense

-Office of Special Investigation (OSI) defense

-Special Commissioner of Investigation (SCI) defense

-Part 83 state certification proceedings

-PERB proceedings
-Probationary terminations and discontinuances

-Tenure by estoppel issues
-Time and attendance proceedings/FMLA defense

-Unemployment hearing defense
-U rating appeals advice

Friday, January 31, 2014

De Blasio swipes at Bloomberg over education
http://nyp.st/1eikFXZ

Sent from Bryan Glass

Saturday, January 11, 2014

Charter-school students stay put longer
http://nyp.st/1cTlC3K

Sent from Bryan Glass

Friday, January 3, 2014

Ready to 'Do Justice,' Carter Assumes Helm at Law Department

Zachary Carter, the incoming New York City corporation counsel, said he is ready to take over a Law Department already running at full speed on a number of major issues facing New York City. "Absolut... : http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202635230721

Sent from Bryan Glass

Ruling Blocks Teacher's Effort at Reinstatement

ALBANY - The Dean of discipline at a gang-plagued Brooklyn public middle school who has been fighting for his job after putting one student in a headlock and throwing another against a wall has hit an... : http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202633224622

Sent from Bryan Glass

From the Daily News: New Schools Chancellor Fariña to focus on middle schools

I thought you might be interested in this article from the Daily News.
The Daily News app is available on Apple and Android phones.

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New Schools Chancellor Fariña to focus on middle schools

BY BEN CHAPMAN, RACHEL MONAHAN

In her first full day on the job, new city schools boss Carmen Fariña announced she'll focus on the city's struggling middle schools during her first year in office.

http://nydn.us/191cuyY

------Sent from Daily News

Sent from Bryan Glass

Wednesday, January 1, 2014

Former teacher Carmen Farina named school chancellor
http://nyp.st/1ci66xW

Sent from Bryan Glass

From the Daily News: Incoming Schools Chancellor inspired by upbringing

I thought you might be interested in this article from the Daily News.
The Daily News app is available on Apple and Android phones.

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Incoming Schools Chancellor inspired by upbringing

BY BEN CHAPMAN

Incoming Schools Chancellor Carmen Fariña is an old-school New Yorker, a born educator who grew up in Brooklyn before it was trendy and never left the neighborhood.

http://nydn.us/1d8Mo97

------Sent from Daily News

Sent from Bryan Glass

Guzman v. NYCDOE et al., App. Div. 1st Dept Decided on April 4, 2013 Tom, J.P., Andrias, Saxe, Abdus-Salaam, Gische, JJ. 9727 106140/11 [*1]In re Minerva Guzman, Petitioner-Appellant, v City of New York, et al., Respondents-Respondents. Glass Krakower LLP, New York (Bryan D. Glass of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Jane L. Gordon of counsel), for respondents. Order and judgment (one paper), Supreme Court, New York County (Shlomo S. Hagler, J.), entered March 5, 2012, confirming an arbitration award, dated May 4, 2011, which terminated petitioner's employment as a public school teacher upon a finding that she engaged in a fraudulent scheme to enroll her granddaughter in public school using a false address, and dismissing the proceeding brought pursuant to Education Law § 3020-a and CPLR article 75, unanimously modified, on the law, to vacate the finding of guilt as to Specification 1-A-1 (that petitioner engaged in the scheme to avoid payment of non-resident tuition) and vacate the penalty of termination, and to remand the matter for the imposition of an appropriate penalty, and otherwise affirmed, without costs. Respondent Department of Education conceded at the hearing that petitioner's granddaughter was entitled to a tuition-free education in New York City public schools, and the hearing officer made no finding that the child was not a City resident. Nor does the record establish that the child was not a City resident. Thus, there is no rational basis upon which to conclude that petitioner engaged in a scheme with the purpose of defrauding respondent out of non-resident tuition (see Motor Veh. Mfrs. Assn. of U.S. v State of New York, 75 NY2d 175, 186 [1990]; Lackow v Department of Educ. [or "Board"] of City of N.Y., 51 AD3d 563, 567 [1st Dept 2008]). However, as petitioner concedes, substantial evidence supports the charge that she acted in concert to file a false instrument (Specification 1-B), to wit, engaged in a scheme to use a school aide's address to enroll her granddaughter in the school at which she taught, and that she [*2]improperly obtained the school's services (Specification 1-A-2), since the child should not have been enrolled there. In light of the foregoing, we remand for the imposition of an appropriate lesser penalty. THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT. ENTERED: APRIL 4, 2013 CLERK

FREQUENTLY ASKED QUESTIONS (FAQ) ABOUT SECTION 3020-A

Are hearings held before a hearing officer or a panel?

Disciplinary charges brought by an employing board against a tenured employee are heard by a single hearing officer except when the charges concern pedagogical incompetence or issues involving pedagogical judgement. In these cases only, the employee may choose to have the charges heard by either a single hearing officer or a three-member panel.

What types of changes are considered pedagogical?

While the term "pedagogical" is not defined in either the statute or the Commissioner's Regulations, charges that fall into that category include inability to control a class, failure to prepare required lesson plans, failure to maintain certification, and other matters that directly pertain to teaching techniques and issues of this nature.

Who provides the list of Hearing Officers?

The American Arbitration Association (AAA) maintains the panel of potential hearing officers for Section 3020-a proceedings. This association also provides a list for each individual proceeding.

Is there a fee associated with requesting a hearing?

The AAA is a non profit organization which relies on administrative fees to continue providing services. Commissioner's Regulations as amended by the Board of Regents in September 1994 stipulate that the fee for providing the list of potential hearing officers for Section 3020-a proceedings is to be paid by the School District preferring the charges. This fee is $150.00. If the parties are unable to mutually select a hearing officer and request that the AAA make the selection, an additional fee of $50.00 will be required.

When is a hearing commenced?

Under the law, a hearing is commenced when the State Education Department submits a request to AAA for a list of potential hearing officers.

As a taxpayer, don't I have the right to know if a teacher in our school has been brought up on charges?

Section 3020-a provides an avenue for resolving disciplinary issues between an employer and an employing board. Until an individual has been found guilty by a hearing officer or hearing panel, all aspects of the disciplinary proceeding are strictly confidential. If the employee is found to be guilty of one or more of the charges, the record is then available pursuant to the Freedom of Information Law.

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