Partnership for Educational Justice

The Lawsuit The Teachers Unions Don’t Dare Let go to Trial

New York Post Editorial Board

“The vested interests that control the city’s schools just failed again to quash a lawsuit that could expose them, by showing in open court how New York’s teacher-tenure laws hurt kids.

For the second time, Supreme Court Judge Philip Minardo denied a motion by teachers unions, the city Department of Education and the state attorney general to dismiss the suit.

The two groups suing are NYC Parents Union, led by indomitable activist mom Mona Davids, and the Partnership for Educational Justice, run by journalist-turned-reformer Campbell Brown.”

Read More

New York Legal Documents

8-16-2016 and 9-30-2016: Defendants’ Reply Briefs in Support of Defendants’ Consolidated Appeals

7-8-2016: Davids Plaintiffs’ Opposition to Defendants’ Consolidated Appellate Briefs

4-28-2016: Wright Plaintiffs’ Opposition to Defendants’ Consolidated Appellate Briefs

4-6-2016: Amicus Curiae Brief on behalf of Alliance for Quality Education in Support of Defendants

3-2016: Defendants’ Consolidated Appellate Briefs

11/12-2015: Defendants’ Notices of Appeal of New York State Supreme Court’s Decision and Order Denying Defendants’ Motions to Renew Motions to Dismiss

10-22-2015: New York Supreme Court’s Decision and Order Denying Defendants’ Motions to Renew Motions to Dismiss and Granting a Stay of the Proceedings Pending Appeal

7-2015: Defendants’ Replies in Support of Defendants’ Renewed Motions to Dismiss and Request for Stay of the Proceedings Pending Appeal

6-26-2015: Plaintiffs’ Oppositions to Defendants’ Motions to Renew Motions to Dismiss and for a Stay of the Proceedings Pending Appeal

5-2015: Defendants’ Motions to Renew Motions to Dismiss and for a Stay of the Proceedings Pending Appeal

4-2015: Defendants’ Notices of Appeal of New York State Supreme Court’s Decision and Order Denying Defendants’ Motions to Dismiss

3-12-2015: New York State Supreme Court’s Decision and Order Denying Defendants’ Motions to Dismiss

12-2014: Defendants’ Replies in Support of Defendants’ Motions to Dismiss

12-2014: Plaintiffs’ Opposition to Defendants’ Motions to Dismiss

11-13-2014: Wright Plaintiffs’ Amended Complaint for Declaratory and Injunctive Relief

10-2014: Defendants’ Motions to Dismiss

10-2-2014: SAANYS Motion to Intervene

9-18-2014: New York State Supreme Court’s Order Consolidating Davids v. New York and Wright v. New York

8-28-2014: NYSUT Motion to Intervene

7-28-2014: Wright Plaintiffs’ Summonses and Complaint

 

Judge Again Denies Request to Dismiss New York Teacher Tenure Case

Naomi Nix | The 74

“A state Supreme Court judge for the second time denied a request from unions and state officials to dismiss a parent lawsuit arguing that teacher tenure and seniority protections harm the education of New York’s public school children.

Justice Philip Minardo ruled Thursday that new education laws the state legislature passed after the lawsuit was filed do not alter teacher tenure enough to make the parents’ original complaint moot.”

Read More

PEJ Statement on the Denial of the Motion to Dismiss by the Staten Island Supreme Court

NEW YORK – Today, in response to the denial of the motion to dismiss in the Wright v. New York case challenging teacher tenure and dismissal polices, Partnership for Educational Justice Executive Director Ralia Polechronis released the following statement:

“Justice Minardo’s re-affirmation that the Wright v. New York case should continue to move forward is a major victory for New York students. Twice, the defendants, including the State of New York, have tried to throw out parents and students’ claims, and twice, the court has sided with those trying to make sure all New York students get the education they deserve. While the defendants have repeatedly tried to 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 must continue in order to give our students the education they are guaranteed under the state constitution. The State’s and union’s actions to get rid of this lawsuit are part and parcel of attempts to hinder reform and chip away at efforts to bring real change for students.

“The court has sided with New York parents today, confirming that New York families cannot wait idly for our institutions and politicians to make real changes. Indeed, the judge clearly stated that ‘In this case, the legislature’s marginal changes affecting, e.g., the term of probation and/or the disciplinary proceedings applicable to teachers, are insufficient to’ prevent this case from moving forward.

“When it comes to the persisting achievement gap in our schools the time is now to give all students an opportunity to succeed.

“The plaintiffs are eager to move forward to have their day in court. They will prove that New York’s antiquated education policies have robbed students across the state of the opportunity to succeed and shed light on the full impact of teacher quality in our schools.”

The full ruling can be read here.

Contact:
Melody Meyer
melody@edjustice.org
646.770.7061

Unions Suffer Loss in Teacher Tenure Court Case

Jason Russell | Washington Examiner

“A lawsuit seeking to have New York’s teacher tenure protections ruled unconstitutional will advance, thanks to a judge’s ruling late Friday afternoon.

Teachers unions filed a motion to dismiss the case, but their motion was denied.”

Read More

Judge Declines to Toss Teacher Tenure Suit

NY State of Politics

“A state Supreme Court judge on Staten Island Thursday declined to toss a lawsuit filed by teachers challenging the state’s teacher tenure laws.

The lawsuit was filed earlier this year with both the state and the United Federation of Teachers listed as plaintiffs, but before state lawmakers approved a budget that included provisions that ultimately made it harder for teachers to obtain and keep tenure.”

Read More

Judge Says New York Teacher Tenure Lawsuit Can Proceed

Newsday

“NEW YORK – (AP) — A New York judge says a lawsuit that aims to revise New York’s teacher tenure rules can proceed.

In a decision Friday, state Supreme Court Justice Philip Minardo denied a motion to dismiss the suit.

The plaintiffs argue that teacher tenure and layoffs by seniority deprive students of the sound, basic education they are guaranteed under the state constitution.

The ruling allows for the case to be heard in a state appellate court.”

Read More

Judge Denies Motion to Dismiss Teacher Tenure Lawsuit

WNYC

“A Staten Island judge has denied a motion to dismiss a lawsuit over teacher tenure and other job protections.

The union, the city and the state all argued that the case was moot because the state legislature changed the teacher evaluation system last spring. It also made it harder for teachers to achieve tenure.

But State Supreme Court Judge Philip Minardo said the legislature’s “marginal changes affecting, e.g., the term of probation and/or the disciplinary proceedings applicable to teachers, are insufficient” grounds for dismissal.”

Read More

Copyright

© 2014 Partnership for Educational Justice

Disclaimer

Partnership for Educational Justice is recognized by the Internal Revenue Service as an organization described in section 501(c)(3) of the Internal Revenue Code.