For Immediate Release:

June 4, 2018

NEW YORK PARENTS FIGHT DELAY TACTICS IN EDUCATIONAL JUSTICE CASE

New York, NY – The parent plaintiffs in the Wright v. New York case submitted opposition papers in court to counter the defendants’ continued delaying tactics. The defendants’ latest request to delay the case from proceeding to a resolution on the merits comes after the trial court twice ruled that the plaintiffs’ case should move forward, and a four-judge panel from the Second Department unanimously agreed that the case should proceed. The case has been pending for four years, with plaintiff victories at each stage.

“The defendants don’t want this case litigated on the merits because New York’s broken public education system can’t be defended. Every day that passes with the current outdated laws in place is a day that students across this state are being deprived of their constitutional right to a sound basic education. This latest filing is just the defendants’ latest delay tactic to avoid uncovering the truth about how these laws harm students,” said Alissa Bernstein, Executive Director of Partnership for Educational Justice.

On April 30, 2018, the defendants filed motions in the Second Department requesting permission to appeal previous rulings from the trial court and the Second Department that were favorable to the plaintiffs. 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.

###

Peter Kauffmann

Kauffmann Public Affairs

peter@kpa.nyc

For Immediate Release:

April 25, 2018

Contact:

Maggie McKeon, 315.730.5101, Maggie@kpa.nyc

NEWARK PARENTS URGE COURT TO RESTORE LAWSUIT CHALLENGING NEW JERSEY’S LIFO LAWS

Newark, NJ – The HG v. Harrington plaintiff families were back in court today to demand that their case for educational justice be allowed to move forward. The plaintiffs are a group of Newark Public Schools parents seeking to enforce New Jersey’s constitutional guarantees to an education. In the trial court, the defendants from Newark Public Schools had admitted nearly every allegation made by the plaintiffs regarding the detrimental impact New Jersey’s LIFO laws have on children within the district. However, in spite of the district’s admissions, the trial judge granted motions to dismiss the case that were filed by intervening defendants from the local and national teachers unions.

“With recent data showing that most of the state’s ineffective teachers are concentrated in Newark Public Schools, Newark students are at significantly higher risk of being assigned an ineffective teacher. State laws that guarantee ineffective teachers’ jobs simply based on seniority create a system that unjustifiably prioritizes the interests of adults over Newark’s children. PEJ is proud to stand with the parents and families fighting on behalf of all Newark’s children for the constitutional right to a quality education,” said Alissa Bernstein, Executive Director of Partnership for Educational Justice.

“We are sick and tired of unjust rules that protect the weakest teachers at the expense of our children. To raise the quality of teaching in Newark, we must focus on teacher quality over seniority,” said Tanisha Garner, a plaintiff and Newark Public Schools parent.

In oral arguments before the Superior Court of New Jersey, Appellate Division, the pro bono attorneys from Arnold & Porter and Tompkins, McGuire, Wachenfeld & Barry who represent the parent-plaintiffs argued that New Jersey’s LIFO statutes violate students’ constitutional rights to an education. They allege that these 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.

Research shows that teacher quality is the most influential in-school factor when it comes to student learning. It also shows that student achievement improves when principals are allowed to hire school staff according to quality and fit. Despite this overwhelming evidence, Newark Public Schools are disproportionately affected by New Jersey’s antiquated LIFO laws because they employ a higher concentration of teachers with less than effective ratings.

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.

###

For Immediate Release:

April 13, 2018

PARTNERSHIP FOR EDUCATIONAL JUSTICE FIGHTING FOR DREAMERS

New York, NY – Partnership for Educational Justice (PEJ) this week submitted an amicus brief to the U.S. Court of Appeals for the Second Circuit in support of the plaintiffs in the DACA lawsuits New York v. Trump and Vidal v. Nielsen. The filing is part of PEJ’s ongoing commitment to the students impacted by President Trump’s rescission of the DACA program.

PEJ has partnered with four other groups in the 50CAN network – including DelawareCAN: The Delaware Campaign for Achievement Now; HawaiiKidsCAN; NewMexicoKidsCAN; and Virginia Excels – to submit a series of briefs detailing the irreparable educational harms that will be experienced by students.

This week’s brief includes new research from a February 2018 study that found “that the implementation of DACA significantly improved attendance and graduation rates among Hispanic high school students, with the gap in high school completion between undocumented Hispanic young people and their citizen peers shrinking by 40 percent. Moreover, DACA led to a 22 percent increase in college attendance rates among Hispanic high school graduates.”[1]

“Current research clearly shows the benefits that DACA has had in improving education for children in need. These children’s futures are depending on the courts to protect their rights, and ultimately, on Congress to implement a permanent solution,” said Alissa Bernstein, Executive Director of Partnership for Educational Justice (PEJ).

PEJ’s full amicus brief can be found here. The law firm Cooley LLP provided pro bono representation for this amicus brief filing.

Deferred Action for Childhood Arrivals (DACA) is a policy created by President Barack Obama to help protect certain undocumented young people who came to the United States as children. After the Trump Administration announced that it would be phasing out the program, lawsuits were filed in federal courts in California and New York to stop the rescission from taking effect. If successful, the lawsuits will preserve the rights of the approximately 800,000 DACA grantees across the county who are covered by the program, and have been able to live, study and work in the United States without fear of arrest or deportation.

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.

###

Contact:

Maggie McKeon, 315.730.5101, Maggie@kpa.nyc

[1] Elira Kuka, Na’ama Shenhav, & Kevin Shih, Do Human Capital Decisions Respond to the Returns to Education? Evidence from DACA, National Bureau of Economic Research, 17 (Feb. 2018)

For Immediate Release:

March 28, 2018

STATEMENT ON APPEALS COURT DECISION ALLOWING WRIGHT v. NY TO MOVE FORWARD

New York, NY – The Appellate Division, 2^nd Department of the New York State Supreme Court delivered a key victory to the plaintiffs in Wright v. New York, affirming the denial of a motion to dismiss the case. The plaintiff families had also won the two motions to dismiss that were brought by the defendants in the lower court.

Alissa Bernstein, Executive Director of Partnership for Educational Justice (PEJ), said, “Today’s decision from the New York appeals court is an incredible victory for students’ rights. While the defendants have repeatedly tried to delay and dispose of this case, today’s decision affirms the fact that the brave parents and children who brought this suit deserve their day in court. The fight for educational justice will continue so that we can give our students the education they are guaranteed under the state constitution.”

Jay Lefkowitz, Kirkland & Ellis Senior Partner and lead plaintiffs’ counsel for Wright v. New York, said, “We are pleased that the Second Department has decided to allow this lawsuit to proceed and has once again rejected the effort by the State, the City, and the teachers’ unions to stop this lawsuit. New York’s constitution guarantees all children in the state a sound basic education, and the current teacher employment statutes are simply failing our children by keeping ineffective teachers in our public schools. This decision will finally allow us to get the evidence from the State that will vindicate the rights of parents and children across the state.”

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.

###

Contact:

Maggie McKeon

315.730.5101

Maggie@kpa.nyc

For Immediate Release:

March 21, 2018

PARTNERSHIP FOR EDUCATIONAL JUSTICE CONTINUES FIGHT FOR DREAMERS

New York, NY – Partnership for Educational Justice (PEJ) yesterday submitted an amicus brief to the U.S. Court of Appeals for the 9^th Circuit in support of the plaintiffs in the DACA lawsuit Regents of the University of California v. United States Department of Homeland Security. The filing is part of PEJ’s ongoing support for the plaintiffs that filed federal lawsuits to block President Trump’s rescission of the DACA program.

PEJ has partnered with four other groups in the 50CAN network – including DelawareCAN: The Delaware Campaign for Achievement Now; HawaiiKidsCAN; NewMexicoKidsCAN; and Virginia Excels – to submit a brief detailing the irreparable educational harms that will be experienced by students. This brief presents unique information and perspective to the court beyond what has been provided by the lawyers for the parties, providing critical perspective for the court’s understanding of what is at stake for students.

“DACA is an immigration policy, but in the world of advocacy and reform, it is also an education policy. The stories of Dreamers and continued research from scholars about DACA’s impact on academic achievement make it clear that the results of the latest government showdown on the issue have far-reaching consequences,” said Alissa Bernstein, Executive Director of Partnership for Educational Justice (PEJ). “Our children’s educational futures should not be used as a political bargaining chip. We can only hope that our courts will provide the checks and balances that judicial review was designed to guarantee for the benefit of every student whose future depends on it.”

PEJ’s full amicus brief can be found here. The law firm Cooley LLP provided pro bono representation for this amicus brief filing.

Deferred Action for Childhood Arrivals (DACA) is a policy created by President Barack Obama to help protect certain undocumented young people who came to the United States as children. After the Trump Administration announced that it would be phasing out the program, lawsuits were filed in federal courts in California and New York to stop the rescission from taking effect. If successful, the lawsuits will preserve the rights of the approximately 800,000 DACA grantees across the county who are covered by the program, and have been able to live, study and work in the United States without fear of arrest or deportation.

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.

###

Contact:

Maggie McKeon, 315.730.5101, Maggie@kpa.nyc

For Immediate Release:

January 22, 2018

PEJ REPORT DETAILS HOW OUTDATED TENURE LAWS PUT CHILDREN AT RISK

New York, NY – A stunning analysis of teacher disciplinary proceedings reveals how existing tenure laws make it nearly impossible to fire tenured teachers in New York even after they are found guilty of fireable offenses. A review of 212 settlement agreements and 773 tenure misconduct hearing opinions over a span of six years details how ineffective and harmful teachers are able to game the system to keep their jobs. The analysis confirms that tenured teachers in New York State have essentially landed a “job for life,” no matter how apathetic or abusive they become.

In one instance, the New York City Department of Education (NYC DOE) attempted to fire a tenured teacher for sexual misconduct, among other serious charges. Even though an arbitrator substantiated the charges and found that the teacher showed no remorse, he was given only a 45-day suspension, not required to attend any rehabilitative training, and was back on the DOE payroll within a year, earning $81,230.

“While the tenure system was originally designed to protect high-quality teachers, New York’s outdated tenure laws also allow harmful and ineffective teachers to slip through the cracks and make their way back into classrooms, putting children at risk,” said Alissa Bernstein, Executive Director of Partnership for Educational Justice (PEJ). “As alarming as this report is, it’s still just the tip of the iceberg. We won’t have full transparency on these issues until Wright v. NY is allowed to move forward and we pull back the curtain once and for all. Shining a bright light on the broken tenure system will finally drive action towards delivering the quality education all children deserve.”

The full report is available at Cracks in the System: How New York’s Tenure Laws are Protecting the Jobs of Ineffective Teachers at the Expense of Students.

Key Findings include:

• Essentially all educators who complete a termination hearing are found guilty of at least one fireable offense.
• Sixty percent of educators found guilty of a fireable offense after a hearing receive a penalty other than termination.
• On average, it takes more than a year to resolve tenured teacher misconduct charges through a dismissal hearing.
• For at least two decades, the tenured teacher dismissal hearing process has returned most teachers who have committed a fireable offense back to public schools.
• Publicly accessible information reported in settlement agreements does not provide full transparency on the issues at hand.

“When teachers who committed fireable offenses are allowed to remain in the classroom, it is clear that the system is working against our children. I am sick and tired of watching my kids fall further and further behind. If teachers aren’t doing the job, then they shouldn’t have a job,” said Arlene Rosado, public school parent from the Bronx.

“The hardest part of my day is dropping my daughter off at school because I don’t feel she is safe while she is there. It’s a struggle to explain to my 5-year old how she needs to avoid a certain man at her school. A system that places an adult’s job security over the safety of children is in need of fundamental and immediate reform,” said Jane Obadiu, a public school parent from Queens.

About Partnership for Educational Justice (PEJ)

PEJ pursues educational equity through legal action that empowers families and communities 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.

###

Contact:

Peter Kauffmann

peter@kpa.nyc

For Immediate Release:

December 21, 2017

PARTNERSHIP FOR EDUCATIONAL JUSTICE FIGHTS FOR DREAMERS

 New York, NY – Partnership for Educational Justice (PEJ) today submitted an amicus brief in support of the Plaintiffs that filed lawsuits in Brooklyn, New York federal court fighting against President Trump’s rescission of the DACA program. PEJ partnered with four other groups in the 50CAN network – including DelawareCAN: The Delaware Campaign for Achievement Now; HawaiiKidsCAN; NewMexicoKidsCAN; and Virginia Excels – to submit a brief detailing the irreparable educational harms that will be experienced by students. This brief presents unique information and perspective to the court beyond what has been provided by the lawyers for the parties, providing critical perspective for the court’s understanding of what is at stake for students. The law firm Cooley LLP provided pro bono representation for this amicus brief filing.

DACA has allowed undocumented young people to take part in many rites of passage, such as obtaining a driver’s license, opening a bank account, working legally and securing an internship, and receiving financial aid – which all position students to pursue long term educational and career goals.  Critically, DACA has also eliminated the daily fear of arrest and deportation among DACA grantees and their family members, which has allowed students to enjoy better mental health, allowing them to focus on their studies rather than their worries and anxiety.  If DACA is rescinded, these students will be stripped of the resources that have enabled them to succeed academically in recent years.

“When DACA was implemented in 2012, the program rapidly expanded undocumented students’ future opportunities, incentivizing them to work harder, complete high school, and gain admission to colleges and universities. Dreamers are hard-working, driven young people who deserve the opportunity to realize the American dream. The heartless decision to punish them is misguided and will only make our nation weaker. As an organization founded to fight for educational justice, we could not sit idly by while hundreds of thousands of students were denied the opportunity of an education, which is a right that must be made available to all students on equal terms,” said Alissa Bernstein, Executive Director of Partnership for Educational Justice (PEJ).

PEJ’s full amicus brief can be found here.

Deferred Action for Childhood Arrivals (DACA) is a policy created by President Barack Obama to help protect certain undocumented young people who came to the United States as children. After the Trump Administration announced that it would be phasing out the program, a group of seventeen state attorneys general filed a lawsuit in Brooklyn, New York federal court to stop the rescission from taking effect. If successful, the lawsuit will preserve the rights of the approximately 800,000 DACA grantees across the county who are covered by the program, and have been able to live, study and work in the United States without fear of arrest or deportation.

To immediately stop the Trump administration’s rescission of DACA, on December 15, 2017 the Plaintiff States filed a request for the court to issue a preliminary injunction, which asks the judge to enter an order prohibiting the rescission of DACA from going into effect even before the lawsuit reaches a final resolution. In support of their request for a preliminary injunction, various groups are filing amicus briefs with the court. The court is scheduled to hear oral argument on this request from both sides on January 18, 2018 at the Brooklyn, New York federal courthouse.

About Partnership for Educational Justice (PEJ)
PEJ pursues educational equity through legal action that empowers families and communities 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.

###

Contact:

Maggie McKeon, 315.730.5101, Maggie@kpa.nyc