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January 18, 2023

Discontinuing the services of a probationary teacher

The New York City Department of Education may discontinue the employment of a probationary teacher pursuant to Education Law §2573(1)(a) at any time and for any reason absent the teacher's establishing that "the termination was for a constitutionally impermissible purpose, violative of a statute, or done in bad faith”* (Matter of Frasier v Board of Educ. of City School Dist. of City of N.Y., 71 NY2d 763, 765 [1988]; see Education Law §§ 3012-c [1], 3012-d [9]; 8 NYCRR § 30-2.1 [b]; Kahn v New York City Dept. of Educ., 18 NY3d 457 [2012]; Appeal of H.H., 56 Ed Dept Rep, Decision No. 17,033; Appeal of Nicholaou-Guirguis, 32 id. 439, Decision No. 12,879).  The Commissioner has defined “bad faith” as “[d]ishonesty of belief, purpose, or motive” (Appeals of Prisinzano, 62 Ed Dept Rep, Decision No. 18,195, citing Black’s Law Dictionary [11th ed. 2019]). Click on the URL below to access this decision posted on the Internet:

http://www.counsel.nysed.gov/Decisions/volume62/d18212

* In contrast see http://www.counsel.nysed.gov/Decisions/volume62/d18211, reporting the decision of the Commissioner of Education in an appeal in which the Commissioner found that the record supported a finding that the educator's probationary appointment was discontinued in bad faith. 

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NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
New York Public Personnel Law. Email: publications@nycap.rr.com