At Brill Legal Group, we ensure the voices of teachers are heard and their rights are protected when facing disciplinary action from aggressive school boards in New York City.
At Brill Legal Group, we ensure the voices of teachers are heard and their rights are protected when facing disciplinary action from aggressive school boards in New York City.
The hearing process protects teachers from losing their jobs unfairly for reasons that may be personal, political or random in nature. We can fight against any sham charges that have been brought in an effort to dismiss you from employment.
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If the employment board decides to pursue the action, they are required to send a written statement to the accused teacher via certified mail with a return receipt included. The statement must contain the following information:
If you feel your rights have been violated or that your job is at stake, you should contact an attorney immediately. Many teachers choose to retire rather than face a hearing, but you do not have to.
If formal charges are filed, you have 10 days to respond to the employment board upon receiving the statement of charges. In a written notification, the accused teacher must inform the board whether or not they seek a 3020 hearing.
Being accused of violating teacher conduct is a serious matter that can impact your future career opportunities. The experienced lawyers at Brill Legal Group will make sure the board hears your side of the story. We vigorously fight for your right to protect your employment.
However, teachers have important rights even during these initial stages. Not only must the charge be put in writing, but the accused should also be allowed to seek the counsel of a skilled lawyer during the disciplinary proceedings to fight the allegations.
According to the New York City Department of Education and The Wall Street Journal, city officials filed 826 disciplinary cases against teachers for misconduct or incompetence between 2012 and 2014. In the study, education officials noted that only a small percentage of the city’s nearly 75,000 teachers have disciplinary issues.
A disciplinary hearing is not a legal proceeding that takes place in court. However, having a knowledgeable teachers rights lawyer in your corner will help you stand up to school officials. They can be held accountable for any trumped up charges or potential discrimination intended to mask the unlawful dismissal of a teacher. Peter Brill and his team of lawyers know how to prepare for the hearing so that you have the strongest case possible.
The New York City Department of Education found that between 2012 and 2014, the majority of penalties for teacher disciplinary cases were fines, with 171 teachers having to pay to keep their jobs. During that period, city officials collected $1.1 million in fines from teachers. Most cases were resolved with fines due to several reasons. Either the city was unable to prove the charges, officials did not provide teachers with enough assistance to improve or the teachers deserved a second chance. Other penalties included 23 terminations for poor performance, 19 suspensions and 17 terminations for misconduct.
No matter what the hearing officer’s final decision is, you may still be able to challenge it. Article 78 of New York State law allows teachers to appeal the decision in court. The school’s decision may be reviewed if it was unreasonable or based on insufficient evidence. However, this action must be taken immediately upon receiving the hearing officer’s decision as there is a time limit. As teachers are treated guilty until proven innocent, it is critical to act quickly and seek the advice of a New York teachers rights attorney in order to understand the legal options available to you.
Peter Brill and his team are skilled at handling charges of all levels of complexity. We get involved from the first moment an accusation is made and guide you through fighting the charges at every stage.
Contact Brill Legal Group today to discuss your case. We offer a free initial consultation.