Will a “U-rating” be reversed when the sole basis of the rating was the failure of a special education teacher to complete IEP’s for 5 students?

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.

MATTER OF VAN RABENSWAAY v. City of New York, 2016 NY Slip Op 5051 – NY_ Appellate Div., 1st Dept (June 23, 2016)

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