Must a teacher after receiving a U-rating exhaust the grievance procedure before commencing a proceeding in Court?

No. Corine Liverpool, a tenured middle school science teacher at J.H.S. 78 in Brooklyn was U-rated for the 2011-2012 academic year. Liverpool challenged the U-rating and was granted a hearing from which she appealed. Her appeal was denied.

Liverpool commenced an Article 78 proceeding in Supreme Court to challenge her U-rating and the DOE moved to dismiss because she did not utilize the grievance procedure as outlined in the Teachers’ Contract. Justice Doris Ling-Cohan of the New York County Supreme Court found that Article 8(J) of the Contract specifically permits a teacher to appeal a U-rating without filing a grievance and denied the DOE’s motion to dismiss. The DOE was ordered to answer the petition after which a decision on the merits of the petition will be made.

Corine Liverpool v. Board of Education, (Sup.Ct., Ling-Cohan, J.) March 6, 2014

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