Justice Alice Schlesinger
Mui, a pro se tenured bilingual special education teacher, brought this Article 78 petition after a mandated arbitration where she was represented by counsel. The arbitrator found nearly all the specified charges were proven, and recommended termination as a penalty. Mui argued the arbitration was flawed and the penalty was “shockingly severe and unfair.” The Department of Education (DOE) cross-moved to dismiss the petition. The court stated it was persuaded by the factual and legal arguments that the DOE was correct. It found the charges, including that Mui repeatedly failed to address and meet academic and social needs of her students, and failed to implement repeated advice and professional development were proven. The court noted the testimony adduced showed that the students, some who were autistic, regressed rather than improved under Mui’s teaching. It stated the hearing officer found termination was appropriate because Mui was given “an extraordinary amount of help, which failed to change the situation and improve her work,” thus nothing would be served by giving her an additional opportunity to improve. Hence, the court agreed with the findings and granted dismissal of Mui’s petition.
