Does the termination of a tenured teacher for continually refusing to accept teaching assignments “shock the conscience?”

No. Lillie Leon, 80, has been a DOE employee for 34 years and has taught at P.S. 117 in the Bronx since 2001.Leon claimed that a Medical Bureau approved disability prevented her from “bathrooming” her students. The Court found, without much discussion, her constant refusal to accept teaching assignments rendered her actions as insubordination and the finding of the arbitrator to terminate her was supported by the hearing record. Justice Huff dismissed her petition and the Appellate Division, 1st Department agreed.

Matter of Leon v. Department of Education, 2014 NY Slip Op 01505 (1st Dept, March 6, 2014)

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