Yes. After a 3020-a hearing an arbitrator found that an eighth grade teacher resisted efforts of school administration to help her become a satisfactory teacher, failed to make necessary efforts to improve and determined she should be dismissed from her teaching position.
The teacher appealed to Justice Manuel Mendez of New York County Supreme Court who held that, “the arbitrator failed to address school administration’s noncompliance with the Chancellor’s Rules as a potential contributing factor to the inability to control the classroom. The penalty of termination, after twenty-two years of service without prior disciplinary charges, the arbitrator’s reliance on inadequate evidence in the form of “Logs of Assistance” and the department’s failure take steps to provide assistance tailored to the petitioner’s needs, is shocking to this Court’s sense of fairness.
The Appellate Division, First Department, reversed finding that “the evidence showed that notwithstanding petitioner’s prior unblemished record of service, she continued to blame others and refused to accept responsibility for her failure to effectively manage her classroom and deliver effective instruction. In particular, petitioner exhibited an unwillingness to employ the “workshop method” in her classroom, or implement any of the school administration’s suggestions for improvement.