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Appealing an Education Law Section 3020-a arbitration award
28 Jun 2012, 4:00 am
"The test of whether a decision is arbitrary or capricious is "determined largely by whether a particular action should have been taken or is justified . . . and whether the administrative action is without foundation in fact.'" (See Pell v Board of Educ., 34 NY2d 222]. [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
In contrast to removing a school official, the Commissioner of Education does not have the authority to direct the removal of a school employee
14 Apr 2009, 4:00 am
In contrast to removing a school official, the Commissioner of Education does not have the authority to direct the removal of a school employeeParent of Student v East Meadow UFSD, Commissioner of Education Decision 15,907The parents of a student at East Meadow UFSD asked the Commissioner to remove two school employees from their respective positions for alleged "willful misconduct and neglect of duty. [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
In contrast to removing a school official, the Commissioner of Education does not have the authority to direct the removal of a school employee
9 Feb 2010, 3:24 am
In contrast to removing a school official, the Commissioner of Education does not have the authority to direct the removal of a school employeeParent of Student v East Meadow UFSD, Commissioner of Education Decision 15,907The parents of a student at East Meadow UFSD asked the Commissioner to remove two school employees from their respective positions for alleged “willful misconduct and neglect of duty. [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
Education Law §3813 notice of claim involving “a matter of personal interest” distinguished from vindicating a “matter of public interest”
12 May 2010, 7:16 am
Education Law §3813 notice of claim involving “a matter of personal interest” distinguished from vindicating a “matter of public interest”Matter of Harris v Board of Educ., Union Springs Cent. [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
The Unteachabilty of Brown v. Board of Education: Reflections on Chief Justice Roberts's New Year homily
1 Jan 2020, 2:43 pm by Sandy Levinson
Board of Education is a model opinion, its eleven pages of clear prose serving as a welcome contrast to the bloated opinions of the contemporary Court that are tedious exercises in tendentious case-crunching. [read post]
Balkinization - http://balkin.blogspot.com/
How Much Has Changed 70 Years After Brown v. Board? SLS’s Rick Banks Weighs In
3 Jun 2024, 2:00 pm by Ralph Richard Banks; Q&A with Professors Richard Thompson Ford and Pamela Karlan
Pam Karlan: Can you contrast Brown with what the Supreme Court does a dozen years later in Loving v. [read post]
Legal Aggregate - https://law.stanford.edu/legal-aggregate/
Inability to obtain a timely waiver to reemploy a person receiving a retirement allowance from a public retirement system of this State does not result in a breach of contract
5 Apr 2011, 5:39 am
Inability to obtain a timely waiver to reemploy a person receiving a retirement allowance from a public retirement system of this State does not result in a breach of contract LaSalle v Board of Educ. of Bridgehampton Union Free School Dist., 2011 NY Slip Op 02632, Appellate Division, Second Department Edward J. [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
Special Education Law 101 - Part IV #LRE
24 May 2017, 11:11 am by Jim Gerl
State Board of Education 874 F.2d 1036,  441 IDELR 433 (5th Cir. 1989). [read post]
Special Education Law Blog - http://specialeducationlawblog.blogspot.com/
Special Education Law 101 - Part IV #LRE
23 Apr 2015, 11:32 am by Jim Gerl
State Board of Education 874 F.2d 1036,  441 IDELR 433 (5th Cir. 1989). [read post]
Special Education Law Blog - http://specialeducationlawblog.blogspot.com/
Second Circuit: Prohibiting Church Services on School Property Does Not Violate First Amendment
4 Apr 2014, 8:41 am by LaJuana Davis
In Bronx Household of Faith v. [read post]
Education Law Prof Blog - http://lawprofessors.typepad.com/education_law/
Filing an administrative appeal challenging an adverse personnel decision does not toll the statute of limitations for filing a lawsuit
18 Jan 2010, 4:07 am
Filing an administrative appeal challenging an adverse personnel decision does not toll the statute of limitations for filing a lawsuitSteinberg v Board of Educ. of the City School Dist. of the City of New York, 2010 NY Slip Op 00201, Decided on January 12, 2010, Appellate Division, First DepartmentMatthew Steinberg challenged his termination during his probationary period from his teaching [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
Board's verbal reprimand of one of its members does not give rise to First Amendment claim
29 Mar 2022, 6:12 am by Second Circuit Civil Rights Blog
The Court  holds that a member of the community college Board of Trustees who was verbally reprimanded by the rest of the Board following his disagreements about college policy cannot bring a retaliation claim.The case is Houston Community College System v. [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/
CAFC does trademarks
13 Apr 2023, 1:05 pm by Lawrence B. Ebert
Appellee’s Br. 23 (citing Conde Nast Publ’ns, Inc. v. [read post]
IPBiz - http://ipbiz.blogspot.com/
Tennessee School District Settles Suit Challenging Religious Practices In Schools
3 Mar 2010, 4:00 am by Howard Friedman
The settlement order (full text) in Doe v. [read post]
Religion Clause - http://religionclause.blogspot.com/
Higher education roundup
14 Jul 2016, 9:05 pm by Walter Olson
[Short Circuit, scroll to 14th item on Ninth Circuit decision in Arizona Students’ Association v. [read post]
Overlawyered - http://overlawyered.com/
Litigation against a School District and its Board resulting from merger of two school districts deemed timely and may be maintained notwithstanding the fact that the succeeding entity came into existence as a result of the centralization of the two school districts
21 May 2024, 8:00 am by Public Employment Law Press
Lib. v Board of Educ. of Cent. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Litigation against a School District and its Board resulting from merger of two school districts deemed timely and may be maintained notwithstanding the fact that the succeeding entity came into existence as a result of the centralization of the two school districts
21 May 2024, 8:00 am by Public Employment Law Press
Lib. v Board of Educ. of Cent. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
A grievance filed pursuant to the relevant collective bargaining agreement bars the grievant's simultaneously submitting an Education Law §310 appeal concerning the same issue to the Commissioner of Education
23 Oct 2020, 6:00 am by Public Employment Law Press
Citing Matter of Board of Education, Commack UFSD v. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
A grievance filed pursuant to the relevant collective bargaining agreement bars the grievant's simultaneously submitting an Education Law §310 appeal concerning the same issue to the Commissioner of Education
23 Oct 2020, 6:00 am by Public Employment Law Press
Citing Matter of Board of Education, Commack UFSD v. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
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
30 May 2018, 4:37 am by Public Employment Law Press
Citing Matter of Gumbs v Board of Educ. of the City Sch. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/