The Department of Education filed a lawsuit Tuesday to keep teachers who allegedly submitted fake vaccination cards suspended from schools in New York City. The department is also seeking an emergency and permanent injunction in the meantime.
At least 82 teachers and staffers were suspended in April as a result of the DOE finding that their vaccine cards were fraudulent. Some of those teachers, along with the help of the United Federation of Teachers, contacted an arbitrator to get involved who ruled that the department and union should meet on Tuesday. The arbitrator claimed that the staffers hadn’t had their “due-process protection,” according to the department’s filing.
This lawsuit is the department’s attempt to overturn the arbitrator’s ruling because otherwise, it “will undermine the DOE’s ability to ensure compliance with the DOE vaccine mandate and thereby jeopardize the health and safety of students and their families, DOE staff, and the broader community.”
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The department solicited emails from the affected teachers for them to dispute their vaccination status, but until they could provide a verified card, they would be placed on unpaid leave. An independent law enforcement agency checked the vaccine cards.
“Unhappy with the arbitrator’s decision, the DOE has now tried to appeal the arbitrator’s ruling,” a union spokesman said. “We are confident that on reviewing the record the courts will support the arbitrator’s stand.”
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All DOE staff are required to be vaccinated, whether they work in one of its schools or buildings.

