A probationary teacher may be terminated during the probationary period for any reason, or no reason at all, and without a hearing, unless the teacher establishes that employment was terminated for a constitutionally impermissible purpose, in violation of a statutory proscription, or in bad faith. The petitioner bears the burden of establishing, by competent evidence, bad faith or illegal reasons. Here, the evidence demonstrates that the petitioner received multiple letters to file, that she received an unsatisfactory observation rating, and that she lacked professionalism during her probationary employment. This evidence demonstrated that the respondent denied the petitioner tenure and discontinued her probationary employment in good faith.
Matter of Terelle v. New York City Dept. of Educ., NY Slip Op 03921 (2d Dep't July 26, 2023)
