A blind teacher fired by D.C. Public Schools must be reinstated and offered back pay because she was improperly terminated in the “sad and troubling” case, an arbitrator ruled.
Denise Hamilton was hired in 2002 to teach visually impaired and blind children before she was terminated from Sharpe Health 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 OSSE issued her a teacher certificate on Aug. 25.
Hamilton testified that she had struck an agreement with Erika Lomax, the 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,” Greenberg wrote.
Greenberg said Hamilton’s award should include benefits and seniority rights in addition to wages.
D.C. Public Schools has not responded to requests for comments. The Washington Teachers’ Union is expected to elaborate on the ruling late Wednesday afternoon.
In February, Arbitrator Charles Feigenbaum ruled that 75 teachers fired by DCPS in 2008 must be reinstated and offered back pay. The 75 were probationary first- and second-year teachers who were terminated because of recommendations from their principals. Feigenbaum said DCPS violated their due process rights by not informing the teachers of the charges levied against them. DCPS is appealing the ruling.
