Will the termination of special ed, tenured teacher be upheld when the teacher has been found to have twisted the arms of students?

No. A special education teacher with a long, unblemished record was charged with twisting the arms of several students in separate incidents. The 3020-a arbitrator found excessive corporal punishment and terminated the teacher. The Supreme Court, Justice Margaret Chan, reversed, finding that intent to inflict pain was missing from the incidents and found that the teacher’s actions did not merit termination. ERIC HAUBENSTOCK, Petitioner, -against- CITY OF NEW YORK; NEW YORK CITY DEPARTMENT OF EDUCATION; DENNIS WALCOTT, CHANCELLOR of NEW YORK CITY DEPARTMENT OF EDUCATION, Respondents. Index Number: 651892/2013, SUPREME COURT OF NEW YORK, NEW YORK COUNTY, 2014 N.Y. Misc. LEXIS 2691; 2014 NY Slip Op 31549(U), June 16, 2014

Can a teacher, covered by a collective bargaining agreement maintain an action pursuant to Civil Service law 75-b, the Whistleblower’s Law?

No. Michele Ehrlich, an ESL teacher at PS 79 in Whitestone until her probationary termination in July 2011, complained to several DOE departments and some private advocacy groups about a violation of an IEP of one of her students. After her termination she claimed she was covered by the Whistleblower’s Law Section 75-b. (A federal claim concerning her free speech rights was dismissed in a federal action that had been removed to that court by the DOE).

Acting Justice Ellen M. Coin ruled that Ehrlich could not maintain her action under the Whistleblower’s law since she was covered by the UFT contract and was required to exhaust her remedies available under the grievance procedure before she could commence an action.

Ehrlich v. DOE (November 7, 2013, Decided)