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TERMINATION SHOCKS THE CONSCIENCE, TEACHER SUGGESTED STUDENTS’ ANSWERS ON A STANDARDIZED TEST MIGHT BE WRONG.

The First Department, over a dissent, determined a teacher’s assisting several students on a standardized test did not warrant termination:

While petitioner’s behavior in suggesting to several students that some of their answers might be wrong demonstrated a lapse in judgment, petitioner did not provide the students with the correct answers and there is no evidence that the incident was anything but a one-time mistake … . Prior to her termination in October 2014, petitioner, a tenured teacher who had worked for respondent since 2003, had an unblemished record and, as the OSI investigator testified, was considered to be a good teacher … . Moreover, the record is devoid of evidence that would suggest petitioner could not remedy her behavior. Matter of Bolt v New York City Dept. of Educ., 2016 NY Slip Op 08158, 1st Dept 12-6-16

EDUCATION-SCHOOL LAW (TERMINATION TOO SEVERE A SANCTION, TEACHER SUGGESTED STUDENTS’ ANSWERS ON A STANDARDIZED TEST MIGHT BE WRONG)/TEACHERS (TERMINATION TOO SEVERE A SANCTION, TEACHER SUGGESTED STUDENTS’ ANSWERS ON A STANDARDIZED TEST MIGHT BE WRONG)/EMPLOYMENT LAW (TEACHERS, TERMINATION TOO SEVERE A SANCTION, TEACHER SUGGESTED STUDENTS’ ANSWERS ON A STANDARDIZED TEST MIGHT BE WRONG)/STANDARDIZED TESTS (TERMINATION TOO SEVERE A SANCTION, TEACHER SUGGESTED STUDENTS’ ANSWERS ON A STANDARDIZED TEST MIGHT BE WRONG)

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THE DECISION TO CALL OR NOT CALL A WITNESS IS ENTIRELY THE PROVINCE OF DEFENSE... EQUITABLE ESTOPPEL DOCTRINE ADEQUATELY PLED, LAW FIRM MAY BE PROHIBITED FROM...