Permanent New York State Commissioner of Education designated

On February 8, 2021, the New York State Board of Regents announced that it had unanimously elected Dr. Betty A. Rosa to serve as New York State's Commissioner of Education.

Dr. Rosa, a nationally recognized education leader, received an Ed. M. and Ed. D. in Administration, Planning and Social Policy from Harvard University. She also holds two other Master of Science in Education degrees, one in Administration and Supervision and the other in Bilingual Education from the City College of New York and Lehman College respectively and a B.A. in psychology from the City College of New York. She has more than 30 years of instructional and administrative experience with an expertise in inclusive education, cooperative teaching models, student achievement and policy implementation.

Regent Judith Chen, a member of the search committee, said, "We set our goal to find an individual with exceptional qualities of leadership, statesmanship and unquestionable integrity … During our extended search process, my colleagues and I determined that Dr. Rosa stood above all others."

 

 

A two-year gap between the employee's alleged protected activity and the alleged adverse action by the employer held "too remote to warrant an inference of causal connection."

The Appellate Division affirmed Supreme Court's determination that Petitioner [Plaintiff]  failed to demonstrate that the New York City Department of Education's [DOE] determination to discontinue her probationary position as assistant principal "'was for a constitutionally impermissible purpose, violative of a statute, or done in bad faith."

Plaintiff' had alleged that the discontinuance was in retaliation for her purported refusal to negatively evaluate two teachers. Supreme Court found that Plaintiff's  "unsupported allegation failed to evidence bad faith". 

The Appellate Division's decision indicates that there was a two-year gap between the alleged protected activity and thus any adverse action by DOE was "too remote to warrant an inference of causal connection."

In addition, the Appellate Division said that the record "includes evidence of disciplinary letters showing dissatisfaction with [Plaintiff's] work performance that predate the alleged protected activity, demonstrating DOE's good faith and its refuting the allegation of retaliation.

The Appellate Division also opined that Plaintiff's claim that her annual work performance ratings are unfair and inaccurate, even if true, did not establish bad faith on the part of DOE in view of the fact that Plaintiff failed to show that the issuance of the unsatisfactory rating which preceded her discontinuance was arbitrary and capricious.

Click HEREto access the Appellate Division's decision.

 

New York Employment Law: The Essential Guide

New York Employment Law: The Essential Guide Editors Louis P. DiLorenzo and Jeffrey Kehl have called upon the collective experience of dozens of contributors to compile this new reference book on New York employment law. Covering a wide range of state substantive and regulatory employment issues, New York Employment Law: The Essential Guide is formatted in an easily accessible, Question-and-Answer format and offers clear and succinct responses to more than 450 employment law questions.

Topics addressed include hiring and interviewing employees, employee and employer rights and obligations, the worker’s compensation framework and regulatory schemes for maintaining a safe workplace, disability issues, unemployment insurance, unfair competition, discrimination in the workplace, and disciplinary policies and procedures.

For more information click HERE