October 27, 2017

Educator's unsatisfactory performance rating for the academic year supported by the "detailed descriptions" of educator's difficulties in the classroom in the record


Educator's unsatisfactory performance rating for the academic year supported by the "detailed descriptions" of educator's difficulties in the classroom in the record
2017 NY Slip Op 03891, Appellate Division, First Department

Supreme Court denied the CPLR Article 78 petition filed by a teacher [Petitioner]seeking a court order annulling the determination of New York City Department of Education [DOE], thereby sustaining DOE's unsatisfactory performance rating of Petitioner for the 2013-2014 school year.

The Appellate Division unanimously affirmed Supreme Court's ruling.

The court explained the DOE's determination that Petitioner's performance as a teacher of during the 2013-2014 school year was unsatisfactory was not arbitrary and capricious.

The Appellate Division pointed out that the determination was supported by Petitioner's  principal's detailed descriptions of Petitioner's difficulties in [1] developing learning objectives, [2] using lesson plans, [3] maintaining academic rigor, [4] meeting students' varying needs, [5] facilitating "accountable talk" through "higher order thinking questions," and [6] actively engaging students.

The Appellate Division also noted Petitioner's deficiencies including Petitioner's "persistent failure to improve despite the ongoing individualized professional development support she received."

The court also rejected Petitioner's contention that she was not provided with sufficient time or feedback to remedy perceived deficiencies as also "belied by the record."

The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2017/2017_03891.htm

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