For Immediate Release:

August 21, 2018

PEJ Statement on Minnesota Supreme Court Order in Lawsuit Challenging Excessive Teacher Job Protections

St. Paul, MN – Partnership for Educational Justice issued the following statement on today’s order in the Forslund v. Minnesota case. The Minnesota State Supreme Court lifted the stay on the case and vacated the Court of Appeals’ dismissal and its prior determination that the lawsuit’s claims were not subject to judicial review.  The order also directs the Court of Appeals to reconsider its prior ruling in light of the Supreme Court’s recent decision in Cruz-Guzman v. Minnesota, a school desegregation lawsuit, where it determined that the educational adequacy claims raised were subject to judicial review.  The court’s order can be found here.

“We are pleased that the Minnesota Supreme Court has asked the Court of Appeals to reconsider its ruling in light of the recent decision that recognized the importance of judicial review for educational justice claims.  We look forward to the Forslund case moving to the next stage. Every child in Minnesota has a fundamental right to an adequate education, and these brave mothers are standing up and asking the State to deliver on that promise. PEJ is honored to be supporting this effort, and we will keep pushing until every child gets the education they deserve,” said Alissa Bernstein, Executive Director of Partnership for Educational Justice.

Forslund v. Minnesota was filed on April 14, 2016, by four mothers from across Minnesota. The lawsuit challenges the state’s teacher tenure, dismissal, and seniority-based layoff laws. The plaintiffs allege that these laws perpetuate disparities in education outcomes by preventing dismissal of chronically ineffective teachers. The plaintiffs filed their lawsuit following unsuccessful bi-partisan legislative efforts to reform teacher employment statutes. The Forslund v. Minnesota plaintiffs are represented by pro bono attorneys from the law firms Fishman Haygood and Bassford Remele.

About Partnership for Educational Justice (PEJ)

PEJ pursues educational equity through legal action to improve the quality of public schools. PEJ utilizes a variety of legal actions to achieve its mission, including pursuing impact litigation, amicus brief filings, Freedom of Information Act requests, and other law-related avenues that seek to achieve meaningful reforms of education laws or policies that fail to prioritize students’ rights. PEJ is an affiliate of the national education nonprofit 50CAN: 50-State Campaign for Achievement Now, which advocates at the local level for a high-quality education for all kids, regardless of their address.

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Contact:

Maggie McKeon

Maggie@bluejacket.nyc

315-730-5101 – cell

For Immediate Release:

July 30, 2018

Newark Parents Ask New Jersey Supreme Court to Hear Lawsuit, Continuing Fight for Educational Justice

Newark, NJ – The plaintiffs in HG v. Harrington filed a request to appeal their case to the New Jersey Supreme Court, urging the state’s highest court to review and overturn the lower court‘s decision to dismiss the matter. The plaintiff parents assert that the ongoing harm the state’s quality-blind layoff laws inflict on their children justifies their right to have their case move forward and be determined on the merits. The plaintiffs’ filing can be found here.

“New Jersey’s courts have acknowledged that students ‘have but one chance to receive a constitutionally adequate education. That right, once lost, cannot be reclaimed…’ These parents know that their children, and every child in Newark, deserve that chance. We are honored to be working alongside these courageous parents, who have refused to tolerate unjust laws that force Newark public schools to divert limited resources away from their children’s classrooms and deprive students the quality education they deserve,” said Alissa Bernstein, Executive Director of Partnership for Educational Justice.

HG v. Harrington is a parent-led lawsuit that asks the courts to declare New Jersey’s “last in, first out” (LIFO) quality-blind teacher layoff statutes unconstitutional. These seniority-based layoff laws unjustly require Newark, a struggling school district, to retain ineffective teachers, while cutting millions of dollars each year from other areas of education spending or laying off more effective teachers when faced with funding deficits.

About Partnership for Educational Justice (PEJ)

PEJ pursues educational equity through legal action to improve the quality of public schools. PEJ utilizes a variety of legal actions to achieve its mission, including pursuing impact litigation, amicus brief filings, Freedom of Information Act requests, and other law-related avenues that seek to achieve meaningful reforms of education laws or policies that fail to prioritize students’ rights. PEJ is an affiliate of the national education nonprofit 50CAN: 50-State Campaign for Achievement Now, which advocates at the local level for a high-quality education for all kids, regardless of their address.

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Contact:

Maggie McKeon

Maggie@kpa.nyc

315-730-5101

For Immediate Release:

July 20, 2018

PEJ Statement on Plaintiffs’ Victory Opposing Defendants’ Requests to Further Appeal

New York, NY – Partnership for Educational Justice issued the following statement on yesterday’s ruling in the Wright v. New York case. The Intermediate Appellate Court, 2nd Department of the New York State Supreme Court, unanimously denied the defendants’ requests to further appeal previous rulings from the lower courts. The case has been pending for four years, with plaintiff victories at each stage.

“These nine families have been waiting four years to litigate the merits of their case. It’s been long enough. It’s time for the delaying tactics to end and to argue this case on the merits. We are pleased with the court’s decision because it brings these families, and families across New York State, another step closer to getting a quality education for their children,” said Alissa Bernstein, Executive Director of Partnership for Educational Justice.

The Wright v. New York case was first filed in 2014, when nine families from across the state brought suit against the State of New York and others, claiming that teacher tenure, dismissal, and quality-blind layoff laws deprive New York children of their right to a sound basic education as guaranteed under the New York State Constitution.

About Partnership for Educational Justice (PEJ)

PEJ pursues educational equity through legal action to improve the quality of public schools. PEJ utilizes a variety of legal actions to achieve its mission, including pursuing impact litigation, amicus brief filings, Freedom of Information Act requests, and other law-related avenues that seek to achieve meaningful reforms of education laws or policies that fail to prioritize students’ rights. PEJ is an affiliate of the national education nonprofit 50CAN: 50-State Campaign for Achievement Now, which advocates at the local level for a high-quality education for all kids, regardless of their address.

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Contact:

Maggie McKeon

maggie@kpa.nyc

315-730-5101

For Immediate Release:

June 27, 2018

PEJ Statement in Response to Appellate Court Decision in HG v Harrington

Newark, NJ – The Superior Court of New Jersey’s Appellate Division today affirmed a previous decision by the trial court to dismiss HG v. Harrington in a hard fought battle for students’ rights.

“Parents who are brave enough to fight for educational justice deserve to have their day in court, and PEJ will keep fighting alongside them to make that happen,” said Alissa Bernstein, Executive Director of Partnership for Educational Justice. “New Jersey’s outdated LIFO laws have forced the Newark public school system to divert limited funds away from academic resources for students to pay ineffective teachers – and that cannot continue. While we are disappointed with the Appellate Court’s decision, we will not stop until every child in New Jersey has access to a quality education.”

HG v. Harrington is a parent-led lawsuit that asks the courts to declare New Jersey’s “last in, first out” (LIFO) quality-blind teacher layoff statutes unconstitutional. These seniority-based layoff laws unjustly require Newark, a struggling school district, to retain ineffective teachers, while cutting millions of dollars each year from other areas of education spending or laying off more effective teachers when faced with funding deficits.

About Partnership for Educational Justice (PEJ)

PEJ pursues educational equity through legal action to improve the quality of public schools. PEJ utilizes a variety of legal actions to achieve its mission, including pursuing impact litigation, amicus brief filings, Freedom of Information Act requests, and other law-related avenues that seek to achieve meaningful reforms of education laws or policies that fail to prioritize students’ rights. PEJ is an affiliate of the national education nonprofit 50CAN: 50-State Campaign for Achievement Now, which advocates at the local level for a high-quality education for all kids, regardless of their address.

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Contact:

Maggie McKeon

315-730-5101

Maggie@kpa.nyc

For Immediate Release:

June 19, 2018

PEJ Statement on Deadline for Defendants to Answer Plaintiffs’ Complaint

New York, NY – Partnership for Educational Justice issued the following statement on yesterday’s ruling in the Wright v. New York case. The trial court ordered the defendants to answer the plaintiffs’ complaint by July 18, 2018.

“We are pleased that the trial court has ordered the defendants to finally answer the plaintiffs’ complaint. By setting a firm deadline, the court rejected efforts to completely stall the Wright v. NY litigation from moving forward. Now, the defendants will have to submit responses to each allegation in the plaintiffs’ complaint, which will move the case another step forward. The Wright parents will not be deterred by the defendants’ further delay tactics and desperate attempts to avoid litigating the issues on the merits, and we won’t stop fighting until there is educational justice for every child in New York,” said Alissa Bernstein, Executive Director of Partnership for Educational Justice.

The Wright v. New York case was first filed in 2014, when nine families from across the state brought suit against the State of New York and others, claiming that teacher tenure, dismissal, and quality-blind layoff laws deprive New York children of their right to a sound basic education as guaranteed under the New York State Constitution.

About Partnership for Educational Justice (PEJ)

PEJ pursues educational equity through legal action to improve the quality of public schools. PEJ utilizes a variety of legal actions to achieve its mission, including pursuing impact litigation, amicus brief filings, Freedom of Information Act requests, and other law-related avenues that seek to achieve meaningful reforms of education laws or policies that fail to prioritize students’ rights. PEJ is an affiliate of the national education nonprofit 50CAN: 50-State Campaign for Achievement Now, which advocates at the local level for a high-quality education for all kids, regardless of their address.

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Contact:

Maggie McKeon

Maggie@kpa.nyc

315-730-5101

New York, NY – The parent plaintiffs in the Wright v. New York case filed new submissions in court this week, pushing to keep the case moving forward despite repeated delay tactics by the defendants. The case has been pending for four years, with plaintiff victories at each stage.

“When this case was filed, my son was just starting elementary school. Now he is graduating and will be starting middle school in the fall. All we are asking is for our day in court. Justice delayed is justice denied,” said Nina Doster, a mother from Queens and plaintiff in Wright v. New York.

“In its 2015 decision, this trial court said it would ‘not close the courthouse door to parents and children with viable constitutional rights.’ Since that time, the viability of the Wright parents and children’s rights has been affirmed by the higher court, but the plaintiffs are still waiting for the litigation to move forward. To open the courthouse door in a meaningful way, the defendants’ delay efforts must be rejected. The defendants will not be harmed by litigating the case on the merits, but make no mistake – if this delay continues, the harm to New York public school children will continue.” said Alissa Bernstein, Executive Director of Partnership for Educational Justice.

On June 5, 2018, the defendants filed motions in the trial court to stay further proceedings in the case until their request for a further appeal has been decided. If approved, this could prevent the case from proceeding to litigation on the merits for even longer.

Since the defendants filed their appeal to the intermediate appellate court in 2015, the case has been stayed that entire time. After the plaintiffs won the appeal, the parties returned to the trial court. Now, the defendants are seeking to again have a stay put in place to further delay the case from being litigated on the merits.

The plaintiffs argue that the court should reject the defendants’ request for a further stay in its entirety. However, the plaintiffs also argue that if the court believes a stay is warranted at this time, only a limited stay should be granted, and at the very least the defendants should be required to answer the complaint – that has been pending for four years – and that the parties should begin moving forward with fact discovery while the appellate proceedings are pending.  Doing so would at least allow the less costly aspects of discovery to get underway while we await the appeals court’s decision. The plaintiffs’ filing in opposition can be found here.

The Wright v. New York case was first filed in 2014, when nine families from across the state brought suit against the State of New York and others, claiming that teacher tenure, dismissal, and quality-blind layoff laws deprive New York children of their right to a sound basic education as guaranteed under the New York State Constitution.

About Partnership for Educational Justice (PEJ)

PEJ pursues educational equity through legal action to improve the quality of public schools. PEJ utilizes a variety of legal actions to achieve its mission, including pursuing impact litigation, amicus brief filings, Freedom of Information Act requests, and other law-related avenues that seek to achieve meaningful reforms of education laws or policies that fail to prioritize students’ rights. PEJ is an affiliate of the national education nonprofit 50CAN: 50-State Campaign for Achievement Now, which advocates at the local level for a high-quality education for all kids, regardless of their address.

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Contact:

Maggie McKeon

Maggie@kpa.nyc

315-730-5101