A Few Words of Caution

for those foolish enough to aspire being public school teachers:

Not only on DOE/NYC in WestLaw data base. Also check out the decisions
of the NYS Commissioner of Education Website if you would like to find
a plethora of cases where teachers lose. Districts always WIN. It
makes things very simple for the commissioner to rule on cases using
this simple formula. Of course the Department of Education also has a
plethora of precedents they can use to support the decisions in favor
of the districts. Everyday they have more and more precedents to
support the cases because every day the teachers lose and districts
win. So everyday they have more and more cases to reference as
precedents. It probably takes the Commissioner’s secretary less than
half an hour to plug in the precedents with her legal software to
support the dismissal of a teacher’s case.

Favorite quote found at the end of the Commissioner of Education
decisions is “DISMISS”, also “APPLICATION DENIED”. Favorite stock
quote of the commissioner is:

“In light of this disposition, I need not address the parties’
remaining contentions.”

Translated, this means he is not going any further to examine all the
evidence that you have submitted to him to support the legitimacy of
your case. He doesn’t have to bother with any points that you have
raised beyond the first page. No need to address violation of laws.
No need to address violation of teachers rights, or denial of due
process of law. No need. Not when you are the commissioner.

So he dismisses your case and you are out + or - $40,000 of your life
savings for attorney’s fees that you have thrown away in an attempt to
salvage your teaching career. Not to mention the 2-10 years of your
life that you have wasted in the “waiting game” which is also part of
the "litigation process” for teachers. If the commissioner is somehow
compelled to act, and he will act only if pressure is put on, since
more than a few times no decision will be made at all. Good chance
your case could also land in legal “netherworld”. However, if he is
compelled to make a decision on your case say after 2-10 years, he will
again dismiss the teacher’s case because too much time has elapsed and
your case is no longer “timely."

Many teachers are starting to get it. We are just trying to warn
aspiring teachers to consider this before they make an investment into
public education.

This is from a NY teachers discussion board, but this is true everywhere in the United States. Reporters, of course, swallow the swill put out by school districts that it is "difficult" or "next to impossible" to fire teachers.

If districts don't "win" on the merits, they merely cheat in order to "win" as happened in my case.