The NYCDOE Sues a Teacher and the Post Loves It!

Here we go again with the NYCDOE and attempting to separate teachers from their direct deposits.

Chaz touched on this Thursday in his blog. Math teacher Alan Herz of Thomas A. Edison Career and Technical Education High School in Queens was brought up on 3020-a charges. According to the New York Post in 2014 Mr Herz allegedly made a sexist remark as well as an anti-Semitic remark to students; 

 “Oh yeah you don’t get it because you’re a female” and another, “I know how you Jewish people are, and it’s okay because I am Jewish, I know how Jewish people run business”

Now. Let's think for minute. First one needs the context in which the remarks were made, (and that is if they were made). And secondly, why is the DOE spending all these thousands of dollars on going after Mr Herz whilst a simple letter to the file will suffice?

But the Post must throw even more inane and mundane crud at Mr Herz.

According to the cherry picking of the  Post, Mr Herz's

...students and their parents gave him a middling three out of five stars on the website Rate My Teachers.
“The worst teacher my daughter ever had,” said one reviewer in October.
“Not clear and boring,” said another in 2007.

All the while ignoring;

Me.Herz is the kind of teacher who teaches the lesson and gets his point across. Not only, does he teach you the cirriculum; but he gives you life lesssons on the side. His teaching methods were full proof and worked. He would always have a demonstration model for us or an analogy which helped the kids understand.  

Great teacher, helped me sooo much to get accustomed to common core math, has creative ways of teaching

But my favorite part of the Post's story is that (Hold on to your seats!) the NYCDOE is suing both Mr Herz and his arbitrator of his 3020-a, Philip Maier.

Why the arbitrator? Apparently it appears that Mr Maier follows the law.

(Meier) never even heard the merits of the case because he determined that education officials blew a 90-day deadline to issue written findings following an investigation.  

So the DOE screws up and sues the arbitrator and Mr Herz?

We here at SBSB are praying, hoping beyond hope that this case is seen through. Think about it. The DOE in its chutzpah and stupidity is doing everything it can to set a precedent for each and every arbitrator to be sued by whichever side does not like an arbitrator's decision. I even mentioned to Über lawyer Bryan Glass if we could have sued the arbitrator in my case. Bryan, and rightly so at the time, demurred and did not think anything can happen. Maybe now, any teacher that does not like an arbitrator's decision will be able to sue.

Yes, this also means that the DOE will be able to sue, but think if this. Would anyone want to be an arbitrator for 3020-a's if they risked themselves to civil litigation? This just might blow up the entire system.

As for suing Mr Herz, what is the DOE going to get from him? Blood? Again, Mr Herz is sitting in the catbird seat. Where is the standing the DOE has to go after Mr Herz for his comments? Mr Herz is not responsible for the arbitrator doing his job as well as the DOE not doing theirs. We here at SBSB look forward to both defendants having fun with the discovery that they will receive from the DOE. Mr Herz's case is in state court and this leaves one to wonder if he can seek court costs.

As for the Post feeling the need to use Rate My Teachers and the be all and end all of the type of teacher Mr Herz is, remember this. The ratings are subjective!!! In my house none of us cared for my son's baseball travel team coach last year. He knew his baseball, but he did not click with my son. Other parents liked him. Other parents were in the middle. Doesn't make him a horrible coach or that he doesn't know baseball. It was all subjective.

The DOE again is pissing away monies that are better spent on the learning process and the New York Post is once again the New York Post.