No. The Appellate Division, First Department found that the DOE’s affirmance of a U-rating was warranted since the special education teacher failed to show that the Urating was arbitrary and capricious, or made in bad faith. The evidence that petitioner failed to timely complete individualized education plans (IEPs) for at least five of her students, despite repeated warnings and offers of assistance from the IEP coordinator, provided a rational basis for the rating.
The Court went further to caution that it would not second guess the determination of the DOE.
Welcome back Jeff. This blog is one of my favorites and quite informative.
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