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Terminating of a probationary teacher?s employment

Terminating of a probationary teacher?s employment
Matter of Hinson and the Board of Education of the Valhalla Union Free School District, Decisions of the Commissioner of Education, Decision No. 15,908

Cynthia Hinson challenged the termination of her probationary appointment and denial of tenure by the Board of Education of the Valhalla Union Free School District.

By letter dated June 22, 2007, the superintendent advised Hinson that she would recommend termination of Hinson?s services as a probationary teacher. Hinson subsequently wrote to the board setting forth ?her accomplishments and also addressed an issue that was the subject of a prior meeting between the superintendent, herself and a union representative.*

Hinson contended that the board failed to provide her appropriate due process prior to terminating her probationary appointment because she was not provided with a statement of reasons for the superintendent?s recommendation to which she could respond.**

Education Law §3031(a) requires that a probationary teacher receive notice of a recommendation that his or her services be discontinued at least 30 days prior to the board meeting at which that recommendation is to be considered and further provides that the teacher may request in writing, not later than 21 days prior to the board meeting, that he or she be provided with a written statement giving the reasons for such recommendation. Such teacher may file a written response to the statement of reasons with the district clerk not later than seven days prior to the date of the board meeting (see Education Law §3031[a]).

In this instance, said the Commissioner, Hinson received notice of the superintendent?s recommendation on June 22, 2007, 32 days before the July 24, 2007 board meeting, in compliance with §3031(a). While it appears that Hinson expressed dissatisfaction with the recommendation, there is nothing in the record demonstrating that she ever made a request for a statement of reasons for the superintendent?s recommendation in writing, as required.

Accordingly, the Commissioner ruled that the failure to provide her with a written statement of reasons for the superintendent?s recommendation does not warrant annulment of it?s decision to terminate her probationary appointment, citing Appeal of Madden-Lynch, 31 Ed Dept Rep 411, Decision No. 12,683 and Matter of Norden, 23 Ed Dept Rep 94, Decision No. 11,147).\

Noting that in an appeal to the Commissioner, a petitioner has the burden of demonstrating a clear legal right to the relief requested and the burden of establishing the facts upon which petitioner seeks relief, the Commissioner dismissed Hinson?s appeal.

Further, the Commissioner pointed out that ?A board of education has the unfettered right to terminate a probationary teacher or administrator?s employment for any reason unless the employee establishes that he or she was terminated for a constitutionally impermissible reason or in violation of a statutory proscription, citing Education Law §3012[1][b] and Appeal of McBeth, 43 Ed Dept Rep 52, Decision No. 14,913. On this record, [Hinson] has failed to establish any basis on which to annul [the board?s] action.?

* At the meeting, the superintendent questioned Hinson concerning her practice of spraying students? faces with water from a spray bottle to ?help them wake up and become engaged in classroom instruction.? This, said the superintendent was the basis for her recommendation that Hinson be terminated.

** Another issue raised by Hinson: The school district?s failure ?to address community concerns regarding termination of her services.? The Commissioner said that Hinson ?sets forth no statutory requirement that the board do so.?

The decision is posted on the Internet at:
http://www.counsel.nysed.gov/Decisions/volume48/d15908.htm

Full post as published by New York Public Personnel Law on April 17, 2009 (boomark / email).