Why my denial of completion of probation is unfair:
I Mr. MD Nayeem Khan was a probationary teacher for the last eight years, among them for the last five years receiving satisfactory reviews and reports for each school year. Instate giving me the tenure she offered me the Assistant Principal’s position. I declined her offer that I would not want to be a leadership position because I love teaching. Then I agreed to extend my probationary period into the 2013-2014 school year. This year I received two unsatisfactory and two satisfactory classroom reports. The principal gave me a satisfactory rating for each category within the year-end report resulting in a Developing-rating for the 2014-2015 school year. After that, I was then denied certification of completion of probation which required my termination and disallowed me from being hired elsewhere in the City [I found out later].
188X’s Bronx, Principal Ms. Johnson discriminated against a Teacher who was nominated THE BIG APPLE Award nomination for the year 2014-2015 and dismissed me because of my activity as a United Federation of Teachers SLT leader, as NYCDOE’s administration this Office of Appeals and Reviews committee need to rule today, while ordering that I should be reinstated with tenure and more than seven months’ back pay.
I Mr. MD Nayeem Khan, who taught fifth grade to twelve grades for special education students at P.S.188x in Bronx with Math Professional Certificate from September 2010 to June 2015, Appealed to You the Department of Education’s Office of Appeals and Reviews over my dismissal, which occurred while I was still a probationary Teacher. I think the following three major reasons my Principal retaliated to discontinue me are as follows: 1. Principal Ms. Johnson’s Union-Related Animus toward me, 2. Principal Lost It with clear sign of Superstation by making bad decisions, 3. Clear Signs of Retaliation.
1. Principal Ms. Johnson’s Union-Related Animus toward me:
Because probationary employees can be discharged at will, without a hearing, the burden was upon me (Mr. Khan) to prove that the termination was made in bad faith. I, Mr. Khan had recently become elected to the School leadership team for the school. It seems Principal Ms. Johnson’s union related animus toward me so high that as of today I have not received per-sessions pay UFT related activities that I participated which she denied and now is pending my case with the DOE. You are the Judges need to rule that there was clear evidence that P.S. 188’s Principal, Ms. Shaine Johnson, had a personal animus against Mr. Khan based on his union activity. I was elected to the School leadership team for the school for the year 2014-15. One day I went to inspect the Inter schools Bulletin board at the Office of Middle School site where Ms. Milton was Assist. Principal, spoke to me in a nasty tone, put her hand up to my face and told me to shut up Mr. Khan, also I was yelled at and dismissed from the office. Next week, they canceled SLT meetings.
I Mr. Khan was rated satisfactory/Highly effective, praised by all over my 5 years of teaching even by the schools same Principal, Ms. Shaine Johnson, and Assistant Principals are Ms. Storms, Ms. Milton, and Ms. King. One evaluation from Ms. Johnson read, “You have a nice way dealing with your students. She continuously praised me and make me feel very comfortable in contributing my ideas. “But the tone of Ms. Johnson’s evaluations shifted around summer of 2014, following her asking Ms. Milton, and Principal’s romantic liaisons’ para - professionals whispered her to change my assigned class and given me the all non-verbal students with lowest cognitive ability.

2. Principal Lost It with clear sign of Superstation
During the fall of 2012, she rumored that I was cute and all female teachers like me, so she Ms. Johnson after the regular school hour she used to say that me to go to nurse office with one of my students and kept me busy. As this continues and it seems she hired detective to guard campus at H790 so I won’t be able to get any attention from the female teachers. Finally I could not take that abuse anymore I offered her my resignation on December 03, 2012. After a week Dr. Ester Wermuth the Chairperson of Mercy College’s Leadership dept. called me and told to go back to school and she spoke to the Assist. Principal Ms. Storms and things will be ok, assured me. I send another email to Ms. Johnson and withdrew my resignation but Ms. Johnson transfer me to middle school. “Hiring Detectives to guard campus against me so I cannot get attention from female teachers”, decisions like this, she made and still making are the clear signs of her utter deep superstitious beliefs.
3. Clear Signs of Retaliation
I had recently become elected to the School leadership team for the school for the year 2014-15. One day I went to inspect the Inter schools Bulletin board at the Office of Middle School where Ms. Milton was Assist. Principal, spoke to me in a nasty tone, put her hand up to my face and told me to shut up Mr. Khan, also I was yelled at and dismissed from the office. Next week, they canceled SLT meetings.
From then on, my evaluations suffered, including “skewed analysis of student test scores” and a poor classroom evaluation. In November 2014, she consented to have denied probationary period extended for another year after I was told to sign the agreement or risk termination.
I was always rated satisfactory before and after my probation was extended, even though my students’ test scores were on par with those in other grade-level or above classes. Ms. Johnson also engaged in several examples of retaliatory conduct, like changing of my class students often, not giving proper services for my students (one student’s parent is suing for that), and discussing personal information about them to parents.
Ms. Johnson would be testify that she initially gave satisfactory ratings because I was a new Teacher with little experience. However, one can presume that regardless of being a new Teacher, if the ability of a Teacher is seriously lacking, a satisfactory rating would be inappropriate despite the time of observation.
Notice that Ms. Johnson was so intimidating, I resigned from my teaching positions as teacher but a week later I withdrew. “Mr. Blunt, as a tenured Teacher, was ‘safe’ in that had Johnson sought to fire him, it would have been quite difficult,” she said. “As an untenured Teacher, petitioner was a viable target; a virtual sitting duck.”
I was initially hired as a Math teacher but had to teacher self-control special education class with severe disabilities. My Certification is Mathematics but I had to teach Special Education that meant I taught all subjects. According to the NYS Education Department’s staffing regulations Section 200.6 (b) (4): “Special education instruction shall be provided by individuals appropriately certified or licensed.” In addition, “teachers certified in general education cannot teach special classes on an incidental basis, where a teacher can be assigned no more than one period a day outside their certification, license/appointment area because IDEA (the Individuals with Disabilities Education Improvement Act of 2004) requires teachers of special classes to be certified in special education.” It is further noted that the special education teacher is an important component in the collaborative planning and modifications to the content, methodology, and delivery of instruction, which is adapted to ensure that special education students have access to the general curriculum, and are given the opportunity to meet the educational standards that apply to all students.
You, the review and Appeals committee ought to order that Mr. Khan be reinstated with retroactive back pay and benefits, as well as tenure. The review committee can reverse and the petition ought to be granted annulling the “discontinued” and remanding the matter to the DOE for proper completion of your final review and recommendation.
I Mr. MD Nayeem Khan was a probationary teacher for five years, receiving satisfactory reviews and reports for each school year. I agreed to extend my probationary period into the 2013-2014 school year. This year I received two unsatisfactory and two satisfactory classroom reports. The principal gave me a satisfactory rating for each category within the year-end report resulting in a Developing-rating for the 2014-2015 school year. After that, I was then denied certification of completion of probation which required my termination and disallowed me from being hired elsewhere in the City [I found out later].
In conclusion I would point out that although as a petitioner’s developing reviews within the 2014-2015 school year could suffice as rational support that I had not developed enough to be a proficient teacher, there is evidence that proves other. I was the winner of TOT 4-times and was nominated for the teacher of the Year 2014-15. I had job offers from more than 35 high schools including Stuyvesant High school for math position but they can’t hire me because of My Old principal’s bad deed on my records. I submitted evidence that the principal, who made the final determination of the “Developing” rating for the 2014-2015 school year, did not observe my teaching within several years of my teaching. This violates the DOE’s rules when considering teachers reviews that require a minimum one observation (by the principal) and pre-observation meetings with probationary teachers in danger of “Developing” ratings. The principal’s year end evaluation was without evidence and seemed arbitrarily completed. A current DOE employee submitted a statement that the principal would pressure assistant principal’s into giving undeserved “Developing/ U” ratings without observation. “These deficiencies in the review process leading to the recommendation to deny tenure and terminate petitioner’s employment are not merely technical, but undermined the integrity and fairness of the process.” Principal’s the unusual decision about my case, which you could repeal, involves me (Mr. Khan), who taught at Public School 188x on Bronx from 2010 to 2015. Now that, I didn’t get tenure I challenged the decision through the grievance system established in the city’s contract with the teachers’ union, the United Federal of Teachers. I wish to see, you give another chance to a teacher who misses his students, schools, teaching. Because Principal made her bad-decision based on the following reasons: 1. Principal Ms. Johnson’s Union-Related Animus toward me, 2. Principal Lost It with clear sign of Superstation by making bad decisions, 3. Clear Signs of Retaliation after numerous times she got humiliations. Most teachers stop at that point, but I take my case to your court. I viewed it as my career, passion, love. I was the victim of principal’s bad decision. Teaching is what I loved to do. I (Mr. Khan) claimed that I got good ratings from my principal until I am the victim of others Lust. I think that I had sufficiently met my burden in demonstrating that my dismissal was done in bad faith, and that it was “in violation of a constitutionally permissible purpose, my involvement in the U.F.T., as the SLT leader” of my school, clear Signs of Retaliation after numerous times she got humiliations. I also say my case showed the danger of relying too heavily upon principals to determine which teachers are most effective.

Proof: 1. ________________________________
From: Khan Md Nayeem
Sent: Monday, May 05, 2014 1:14 PM
To: nayeemrana@yahoo.com
Subject: FW: Mr. Khan's teacher tenure Portfolio send to Ms. Johnson 5/5/2014

________________________________
From: Khan Md Nayeem
Sent: Monday, May 05, 2014 12:56 PM
To: Johnson Shanie (75X188)
Cc: nstorms@schppls.nyc.gov; Milton Wanda (75X188)
Subject: RE: Mr. Khan's teacher tenure Portfolio

Dear Ms. Johnson/
Hope you are doing great. As you suggested to give you my teacher portfolio with NYC test's report card, students running records that showed students’ progress to include in the Portfolio which I did and shared with several of colleagues now it is ready. Hope you would let me know whom to give Teacher portfolio, when would you send for recommendation to the superintendent ( as you concluded in our conversation).I hope you remember last year you offered me for Assistant Principal position which I do not want to be at least for seeable future until I become a master teacher. I hope as you have helped me thus far to be a good teacher and please continue to help me until I achieve to be Master teacher.
Thank you,
MD Nayeem Khan

Proof: 2.