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Termination after failing the National Teacher?s Exam upheld

Termination after failing the National Teacher?s Exam upheld
Feldman, et. al., v Bd. of Ed., City of New York, 262 AD2d 276

Because they had not passed the National Teacher?s Examination, the New York City Board of Education terminated the teaching license it had issued to Sandra Feldman and a number of other teachers employed by the board. The teachers sued, contending that the board?s action in terminating their respective teaching licenses was arbitrary and capricious.

The Appellate Division noted that there were two defects in the action; one procedural and the other substantive.

As to the procedural defect, the court ruled that Feldman?s Article 78 action was untimely. The decision points out that Section 217 of the Civil Practice Law and Rules provides that ?a proceeding against a body or officer must be commenced within four months after the determination to be reviewed becomes final and binding upon the petitioner?.

According to the ruling, a determination is considered final and binding for the purposes of Section 217 when it has an impact upon the petitioner and when he or she knows he or she is aggrieved by the administrative decision.

As to the substantive issue [e.g., the merits of the complaint], the court concluded that the board action was neither arbitrary nor capricious since the several teachers ?admittedly failed to achieve a passing grade on the National Teacher?s Examination within five years of the issuance of their licenses? despite the requirement that they do so.
NYPPL

Full post as published by New York Public Personnel Law on October 25, 2010 (boomark / email).