Lawyers for New York City Teachers

Teacher Rights & Protections

Teachers dedicate their lives to shaping future generations. Their profession demands expertise, compassion, and a commitment to fostering a positive learning environment. At Ricotta & Marks, P.C., we understand the unique challenges teachers face and are committed to protecting their rights.

Key areas where teachers have specific legal protections include:

• Teacher certification: This process helps determine that educators meet rigorous professional standards and possess the necessary qualifications to teach.
• Teacher evaluations: Fair and objective evaluations are essential for professional growth and development. Teachers have the right to clear expectations, constructive feedback, and opportunities to address any concerns.
• Teacher contracts: These legally binding agreements outline the terms and conditions of employment, including salary, benefits, and work responsibilities. Teachers must understand their contractual rights.
• Teacher unions: Unions play a vital role in advocating for teachers’ rights, negotiating fair wages and working conditions, and providing support in workplace disputes.

Whether you’re dealing with an unfair evaluation, a contract dispute, or any other issue that threatens your professional well-being, Ricotta & Marks, P.C. can help. We have a deep understanding of the laws and regulations that affect teachers and are committed to providing clear, compassionate, and actionable legal guidance.

Student Rights & Protections

Just like teachers, students have specific rights and protections. 

Every student deserves access to a quality education in a safe and supportive environment. Protecting student rights is crucial to giving all students the opportunity to succeed. 

Key areas of focus include:

• Special education: Students with disabilities have the right to a free appropriate public education (FAPE) tailored to their individual needs. This includes the development of individualized education programs (IEPs) and the provision of necessary services and accommodations.
• Student discipline: Disciplinary policies and procedures must be fair and consistent, respect students’ due process rights, and ensure that consequences are proportionate to the offense.
• Student privacy: Schools have a responsibility to protect students’ personal information and adhere to privacy laws, such as the Family Educational Rights and Privacy Act (FERPA).
• Free and reduced-price meals: Students from low-income families have a right to free, nutritious meals.

Ricotta & Marks, P.C. is committed to advocating for the rights of students. We provide guidance and representation to students and families on a range of issues, helping them navigate the complexities of the education system and secure the support they need to thrive.

How Does Tenure Work?

Tenure provides teachers and college professors with the right to due process if they are accused of misconduct or facing potential dismissal for another reason, such as the closure of their school or the termination of their department. Tenure exists to protect educators’ academic freedom, which has benefits for their schools and their students.

Tenure is not a guarantee that a teacher will remain employed with their district for life. Nor does it mean that the individual cannot be fired. Rather, it is protection against being dismissed without providing a reason to do so. 

In New York City, public school teachers must complete a four-year probationary period before they are entitled to tenure and the protections that come with it. Tenured educators are not at-will employees because of this protection. Terminating a tenured individual without providing due process before the dismissal is a violation of employment law.