Will the failure to appear at a U rating appeals proceeding, without explanation, of an immediate supervisor, defeat the DOE’s motion to dismiss a petition to reverse a U rating?

Yes. Paul Bridgwood, a 34 year veteran mathematics teacher with the GED PLUS program at the Jamaica Learning Center site in Queens, New York, brought a petition to reverse a U-rating for the 2010-2011 school year.

During this school year he was assigned to teaching for which he had no certification. He was observed by Assistant Principal Dannette Miller and was given 4 observations, each rated unsatisfactory. Bridgwood was also provided with a professional development plan which included inter-classroom visitation, regular meetings with the Assistant Principal, and a coach.

At the end of the school year Bridgwood was rated unsatisfactory and he appealed. At the hearing the Assistant Principal did not appear. Principal Robert Zweig appeared and testified about Bridgwood’s performance but could not testify to any personal knowledge he had about the observations.

Justice Donna M. Mills found that while the DOE’s by-laws provide for the summoning of witnesses to the hearing and for the hearing to proceed without such witness, if necessary, no explanation was given as to why  Miller did not appear. Mills wrote that it was too early to determine if Miller’s testimony was required and ordered the DOE to answer Bridgwood’s petition.

BRIDGWOOD

Is a request for medical arbitration necessary before going to Court to challenge a Line of Duty Injury request?

Anna Carter, a teacher assigned to the Reassignment Center, claimed a line of duty injury. She claimed that the injury occurred when “My knees were giving me pain I stood to go to the bathroom, and I tripped over two chair legs that were  straddling one another. ”

She completed the necessary paperwork and took an extended time before she was able to return to work.

Her OP-198 was not properly signed by the Superintendent and she was unable to produce a proper approval. Nevertheless the matter was heard by the Medical Board where Line of Duty status was denied. Carter then received a bill for a payroll overpayment of almost $34,000. No demand for medical arbitration was ever made by Carter or by the Union on her behalf.

Carter brought a petition in Supreme Court seeking the Line of Duty Injury status and the cancellation of the DOE recoupment of the alleged overpayment.

Justice Stallman found that the Court was powerless to review Carter claim because the Union contract permitted only medical arbitration as the exclusive remedy to challenge the Medical Board’s denial of LODI status.
In the Matter of the Application of ANNA CARTER, Petitioner, – against – Board of Education/Leaves Admin./HR Connect, Respondents. Index No. 401498/10, SUPREME COURT OF NEW YORK, NEW YORK COUNTY, 2011 NY Slip Op 31061U; 2011 N.Y. Misc. LEXIS 1941, April 22, 2011