new teacher q & a
Q:What is discontinuance? What are my rights if I get one?
May 8, 2008 2:46 PM
A:A “discontinuance” refers to a written notification to probationary teachers or other members indicating that they have at least 30 days until their employment will be terminated. Generally, such a notice of discontinuance follows a history of warnings or an incident that has led to disciplinary action.
However, you do have some rights to appeal a discontinuance, which you can opt to exercise at each step in the process. It is a good idea to contact your chapter leader and, if necessary, your UFT borough office as soon as you receive notification of a discontinuance so you can get the appropriate and expert advice and assistance of your union’s representatives:
• You may first become aware of the prospect of being discontinued when you receive a letter at home from your superintendent informing you that your principal has recommended your discontinuance and that the superintendent will make a decision within 30 days. (You may also receive a rating sheet indicating this discontinuance.) At this point, you have the right to respond to the superintendent’s letter stating why you think the discontinuance would be a mistake.
• If you receive a follow-up letter from the superintendent confirming the discontinuance, you have the right to appeal. To do this, you must contact your UFT borough office immediately and ask for the U-rating coordinator, who will assist you and will file an appeal. This appeal automatically triggers a tripartite hearing including preapproved representatives of the DOE, UFT and a neutral third party agreed to by both sides. To prepare for the hearing, you have the right to see all documents being used against you as well as the right to call witnesses on your behalf. The UFT U-rating coordinator will assign an advocate to meet with you and represent you at the hearing.
