A blind teacher fired by D.C. Public Schools in 2008 must be reinstated and offered more than $200,000 in back pay for her “sad and troubling” termination, an arbitrator ruled. Denise Hamilton told reporters on Wednesday she will accept the teaching position with DCPS after struggling to find work since her dismissal. “I look forward to going back to work with the children and picking up where I left off,” she said.
Hamilton was hired in 2002 to teach visually impaired and blind children before she was terminated from Sharpe Health Learning Center in 2008. DCPS said in a July 11 letter that Hamilton had not submitted proof of a valid teaching certificate and would be dismissed on Aug. 1.
On July 28, Hamilton submitted her documentation, and was issued a teacher certificate on Aug. 25.
Hamilton testified that she had struck an agreement with Erika Lomax, director of educational licensure and accreditation, to complete her license as her provisional license ran out. DCPS has not disputed this claim, the ruling states.
“DCPS made a commitment [and Hamilton] kept her promise,” arbitrator Paul Greenberg wrote.
“This is a very sad and troubling case. … Instead of fixing the situation promptly and correcting a personnel action that it surely realized would not be sustained if judged on its merits, DCPS invested several years and substantial taxpayer funds defending its decision to terminate [Hamilton]’s employment.”
Fred Lewis, a spokesman for acting Chancellor Kaya Henderson, said DCPS is reviewing the decision and deciding “whether an appeal is appropriate.”
In addition to $211,174 in wages, Hamilton is entitled to benefits and seniority rights.
Hamilton’s dismissal from DCPS follows a “pattern of behavior” against visually impaired teachers, Washington Teachers’ Union President Nathan Saunders said.
“I’m compelled to tell you that we have defended practically every single visually impaired teacher in the District of Columbia,” Saunders said. “I do not think it is coincidental. I think it is a pattern of behavior, and DCPS is lucky that we litigate under the collective bargaining agreement and not in civil court, because the damages could be astronomical.”
