Court Rejects Arabic School Principal's Claim

The former principal of an Arabic-themed public school cannot immediately force New York City to give her another shot at getting her job back, a federal appeals court said yesterday.

But Debbie Almontaser may still pursue the matter at a trial, the 2nd U.S. Circuit Court of Appeals in Manhattan said.

The panel agreed with a lower court that Ms. Almontaser was acting in her official capacity during a controversial news interview she gave as interim principal of the Khalil Gibran International Academy.

She sued the city, saying she was denied her First Amendment rights and was forced to resign in August — claims the Department of Education denies.

In the interview, Ms. Almontaser, a longtime New York educator and a Muslim, discussed the history and definition of "intifada," a term commonly used to refer to the Palestinian uprising against Israel. Critics said Ms. Almontaser should have condemned the use of the word on T-shirts made by a youth organization.

In December, the lower court judge, Sidney Stein, had refused to immediately halt the search for a new principal and to find that Ms. Almontaser's First Amendment rights were violated.

He noted that Ms. Almontaser had been instructed by Education press staff not to discuss the T-shirts.