Partnership for Educational Justice

After Vergara: A Teacher Quality Suit in the Empire State

By Rishawn Biddle

Dropout Nation

“As your editor noted earlier this month in the commentary on the impact of the Vergara v. California ruling, one of the upshots of California Superior Court Judge Rolf Treu’s decision to eviscerate the Golden State’s laws granting teachers near-lifetime employment is that reformers in other states will likely file similar torts. For one, the ruling, along with arguments made by the Vergara families in the suit, can serve as a road map for their suits. There’s also the fact that nearly all states have equal protection clauses in their constitutions, and have been affected by school funding lawsuits that have determined that state responsibility for a child’s education goes beyond providing access to a classroom.”

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Lawsuit to be Filed Against Teacher Tenure Rules in New York

By Bob Adelmann

The New American

“Following the widely hailed victory over California’s egregious teacher tenure rules in court earlier this month, another group is bringing suit in New York to challenge similar rules. Called the Partnership for Educational Justice, it has enlisted pro bono efforts from Jay Lefkowitz, a skilled and capable litigator with previous victories against teacher unions under his belt.”

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A Lawsuit to Upend New York Tenure Laws

New York Post Editorial Board

“An earthquake struck California this month. This week, the aftershocks finally hit New York.

We’re talking about Vergara v. California, the case where a judge ruled that tenure protections for teachers shortchange children of an education — especially poor and racial minorities.”

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What They Are Saying About Partnership for Educational Justice

“When a child in class is educationally neglected, that’s a criminal act.”

“The reality is that this lawsuit is a last resort. We are acting because leaders in Albany have not.’”

-Carla and John Williams, Plaintiffs & Parents from Rochester, NY

NEW YORK — Yesterday, six families from across New York State announced the planned filing of a lawsuit that will challenge teacher tenure laws that keep ineffective and even dangerous teachers in the classroom. Support rained in from around New York and the nation.

The plaintiffs are receiving support from Partnership for Educational Justice, a new organization dedicated to ensuring that every child in New York has access to a quality teacher. PEJ was founded by longtime journalist and parent advocate Campbell Brown and Reshma Singh, formerly of Achievement First.

Wall Street Journal – “New York State Challenge Planned on Teacher Tenure Law”

“Ms. Brown wants a verdict in her group’s case to spur legislators to come up with better education policies. … Her team has been meeting with parents to find plaintiffs. One is Jada Williams in Rochester, who wrote a seventh-grade essay complaining about teachers who she said gave no real instruction and failed to manage unruly students. Her mother, Carla, said in an interview: ‘When a child in class is educationally neglected, that’s a criminal act.’”

“Quality teaching should not come down to the luck of the draw. It is foundational for life. And yet it is unequally distributed — painfully so — across our state, with poor and minority students disproportionately bearing the brunt of ineffective instruction.”

“What parents want is not radical, but reasonable: Equal access to good teachers across New York State. Their day in court is coming.”

New York Daily News – Campbell Brown: “Why we’re fighting N.Y.’s teacher laws”

“Exasperated and out of options, the Williamses and other parents plan to sue New York in hopes of ending a problem as disastrous as it sounds: state laws that end up keeping inferior teachers in our schools.

The lawsuit they will file aims to shift the balance of power behind the goal that matters most, and one spelled out in our state Constitution — the right to a sound education for all children.

At its core, the suit seeks to end laws that keep ineffective teachers in the classroom, restrict schools from dismissing them and prioritize seniority over quality when teachers are laid off.

The Williamses’ story shows why it has come to this. “

New York Post Editorial Board: A lawsuit to upend New York tenure laws

“An earthquake struck California this month. This week, the aftershocks finally hit New York. …

This week, a new parents group called Partnership for Educational Justice, headed by former TV news anchor Campbell Brown, teamed up with some top-flight legal talent.

They announced plans to back six New York students who plan to file a Vergara-like suit based on our constitution’s promise of a “sound basic education.”

Now, we would prefer reform to come from legislators rather than litigants.

But looking at Albany’s recent actions — watering down teacher evaluations and killing a tuition tax credit — that’s clearly not happening on its own.

Brown says her suit may be the prod Albany needs to get its act together and stop treating our public-school system as a jobs program.

It’s about time.”

Albany Times-Union – “Teacher tenure in cross hairs”

“Emboldened by a state court decision in California, an education reform group plans to file a lawsuit challenging New York’s teacher tenure laws — including the central seniority protection known as ‘last in, first out.’

The new organization, called the Partnership for Educational Justice, claimed in a Tuesday news release detailing the planned suit that the current system helps ‘keep ineffective and even dangerous teachers in the classroom.’

The action, likely to be filed in the next few weeks in state Supreme Court in Albany, will include at least six families as plaintiffs, though more could be added, according to attorney Jay Lefkowitz of the Kirkland & Ellis law firm, which has taken on the case pro bono. …

He said the pending suit was similar to the Vergara action in its challenges to New York’s ‘last in, first out’ rule, which dictates that teacher layoffs must be done by reverse seniority regardless of performance, as well as the current system’s award of tenure after a probationary period that in most cases lasts three years.

Lefkowitz said the suit didn’t seek to eliminate due process for teachers, or ‘tenure for teachers generally. But we are saying it’s given too soon, and when combined with the disciplinary procedures, makes it almost impossible to remove an ineffective tenured teacher.’”

Buffalo News – “Six families to challenge New York’s teacher tenure laws”

“’The reality is that this lawsuit is a last resort,’ parents Carla and John Williams of Rochester said in a written statement announcing the planned lawsuit. ‘We are acting because leaders in Albany have not.’”

Rochester Democrat & Chronicle – “Bolstered by California decision, group eyes challenge to NY teacher tenure”

“The Partnership for Educational Justice, a newly launched group founded by anchor-turned-advocate Campbell Brown, claims the state’s tenure system violates the constitutional right to a “sound, basic education.” Specifically, the group intends to target the “last in, first out” policy, which ties teacher layoffs to seniority rather than performance.

The group, bolstered by a major ruling in California tossing the state’s teacher tenure policies, says six families —including one from Rochester — will file a lawsuit in Albany in early July.

‘Year after year our politicians have failed to act on common sense reforms,’ Brown said in a statement. ‘These families feel they no choice but to ask the courts to step in. All of New York’s children deserve access to a great education and these families will not wait another day.’”

Chalkbeat New York – “Advocates preparing lawsuit to target New York state teacher tenure laws”

“A national movement to prove that job protections for teachers prevent students from learning is getting ready to target New York state.

Six students and families, with the pro-bono help of a powerful New York City law firm and new advocacy group headed by former CNN journalist Campbell Brown, announced on Tuesday that they would file a lawsuit challenging state laws that critics say make it next to impossible to fire ineffective teachers. The process, they say, violate a student’s constitutional right to a sound and basic education.”

Students Matter – “Students Matter Statement on the Partnership for Educational Justice’s Lawsuit in New York”

“In New York, like in California, where students have constitutional rights to an education and where the legislature fails to act to bring necessary change, the courts provide an essential and important venue to ensure constitutional rights are protected. As we saw first-hand in the groundbreaking education equality lawsuit, Vergara v. California, unreasonably onerous teacher tenure, dismissal, and ‘last-in, first-out’ laws—together and independently—cause significant, measurable harm to students’ educational and lifetime outcomes and serve no legitimate government interests.

We commend Partnership for Educational Justice’s efforts to protect student’s constitutional rights by challenging New York’s burdensome tenure, dismissal and ‘last-in, first-out’ laws, and support their efforts to ensure New York’s education statutes prioritize our kids’ best interests”

Capital New York – “Brown: Tenure suit could force ‘new legislative process’”

“Campbell Brown hopes her lawsuit challenging New York’s teacher tenure laws will ‘force a new legislative process’ around a broad swath of union-backed teacher protections across the state.

‘This is an opportunity for lawmakers to do what they’ve failed to up until now, and for the teachers’ union to be part of a conversation to figure out what makes sense in this day and age,’ Brown told Capital on Tuesday. ‘This could potentially be the pressure point that could force action.’

The Wall Street Journal first reported on Tuesday morning that Brown has identified six students to serve as plaintiffs on a lawsuit that seeks to invalidate New York’s teacher tenure laws, inspired by the controversial decision in the recent California v. Vergara case that found key teacher tenure protections there unconstitutional.

Brown’s lawsuit will claim that New York’s teacher tenure laws deprive students of their constitutional rights. She called the laws ‘anachronistic,’ and said they defy basic common sense.”

Morning Joe – “Education Group Challenging NY Tenure Laws”

Steve Rattner: “What Campbell is doing is trying to attack one piece of the problem. We can’t, even Campbell can’t solve this entire thing, so she’s taking on a piece of the issue … and trying to make progress.”

Tweets:

Eva Moskowitz ‏- Founder and CEO of the Success Academy Charter Schools

@MoskowitzEva: All children need & deserve a quality education. @Part4EduJustice takes action to ensure #edjustice now: http://on.wsj.com/1jKpvg9 @lesliebrody

Michelle Rhee ‏- Founder of Students First, Fmr. D.C. Public Schools Chancellor

@MichelleRhee: EVERY child deserves high quality teachers & schools. The momentum of #Vergara continues in NY thx to @campbell_brown & @Part4EduJustice

StudentsFirstNY

@StudentsFirstNY: Inspired by the #Vergara decision, parents & students prepare to file their own lawsuit in the NY Supreme Court: http://on.wsj.com/1jKpvg9

@StudentsFirstNY: “We are acting because leaders in Albany have not,” say parents w/ @Part4EduJustice who plan to file lawsuit: http://on.rocne.ws/1nCJxdH

Stephanie Simon – Politico

@StephanieSimon: @campbell_brown planning East Coast version of Vergara trial, taking on NY tenure & teacher seniority protections. https://www.politicopro.com/education/

Jacob Gershman – Wall Street Journal

@jacobgershman: A new advocacy group is helping parents prepare a challenge to New York’s teacher tenure/seniority laws. http://online.wsj.com/articles/new-york-state-challenge-planned-on-teacher-tenure-law-1403578853 @lesliebrody

Carrie Melago – Wall Street Journal

@carriemelago: After Vergara ruling, an advocacy group is preparing to challenge New York’s teacher tenure and seniority laws. http://on.wsj.com/1lMDXty

Liz Benjamin – Host of New York’s Capital Tonight

@CTLizB: Coming soon: @campbell_brown vs. NYS’ teacher tenure & seniority laws, following decision in California. http://online.wsj.com/articles/new-york-state-challenge-planned-on-teacher-tenure-law-1403578853

Pennsylvania State Representative Ryan Aument (R-PA 41)

@RepAument: “My hope is this would be a wake-up call to politicians who failed to solve these problems for years”@campbell_brown: http://goo.gl/1TcET4

Teach for America New York

TFANewYork: “Single most important school based factor: the teacher.” @campbell_brown @Morning_Joe @Part4EduJustice http://bit.ly/1nZHqDO #Teach4NY

Eliza Shapiro – Capital NY

@elizashapiro: Looks like @campbell_brown will be first ((http://capi.tl/U48ZBN ) to levy a Vergara-inspired lawsuit against NY (http://on.wsj.com/1jKpvg9 )

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ABOUT PARTNERSHIP FOR EDUCATIONAL JUSTICE

Partnership for Educational Justice helps students, families and communities advocate for the great public schools they deserve though coalition building and legal action. All children, no matter their background or circumstance, deserve access to a sound education. The inequalities that exist in our educational system are the civil rights issue of our time. Motivated by a pervasive lack of meaningful progress in ensuring a supportive learning environment for all students, Partnership for Educational Justice challenges antiquated education laws that prevent public schools from providing all students with an excellent education. Targeted litigation will be supported by an aggressive communications campaign at the local, state and national level. Through its work, Partnership for Educational Justice will mobilize families, community stakeholders and organizations to form effective coalitions that increase pressure on legislators and other decision makers to reform our educational system.

Founded by Campbell Brown, an award-winning journalist and writer, Partnership for Educational Justice is in the process of becoming a 501c3 organization.

The Fight Against Teacher Tenure is Coming to New York

By Susan Berfield

Bloomberg Businessweek

“The debate about education reform has moved far beyond teachers and families. It has drawn in executives, billionaire philanthropists, lawyers, spin doctors, politicians, and now a former TV news anchor. That would be Campbell Brown, formerly of CNN (TWX) and now leading a group called Partnership for Educational Justice. She announced this week that the organization will support a lawsuit, expected to be filed by several families in New York next month, to challenge teacher tenure in the state.”

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Why We’re Fighting N.Y.’s Teacher Laws

By Campbell Brown

NY Daily News

“Carla and John Williams are like a lot of New York parents: devoted to their kids, worried about the quality of their education, desperate for someone to act. Now they are acting — for millions of kids.

Exasperated and out of options, the Williamses and other parents plan to sue New York in hopes of ending a problem as disastrous as it sounds: state laws that end up keeping inferior teachers in our schools.”

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New York Families Announce Historic Lawsuit Challenging Teacher Tenure Laws

New York Families Announce Historic Lawsuit Challenging Teacher Tenure Laws

Suit Will Charge That Complicated Teacher Removal Process Violates State Constitutional Guarantee of a Sound Basic Education

New Organization – Partnership for Educational Justice – Formed to Provide Structure and Support for Families

NEW YORK – Six families from across New York State today announced the planned filing of a lawsuit that will challenge teacher tenure laws that keep ineffective and even dangerous teachers in the classroom.
The lawsuit, which will be filed in Albany in the next few weeks, charges that the State’s complicated teacher tenure and removal process – including “Last In, First Out” mandates and archaic, costly teacher tenure and disciplinary statutes – violates the State Constitution’s guarantee of a sound basic education to all students.
“We want the best for our kids – and that starts with a great education and great teachers in the classroom,” said Carla and John Williams from Rochester, NY, one of the six families involved in the lawsuit. “But our daughter simply isn’t getting the instruction and learning she needs, and our school leaders and local elected officials aren’t taking steps to support effective teachers. The reality is that this lawsuit is a last resort. We are acting because leaders in Albany have not.”
In conjunction with the parents’ lawsuit, the Partnership for Educational Justice (PEJ) formally launched its efforts to provide the families and students with organizational and financial support as they take on the entrenched educational policies.
PEJ has been meeting with families and education advocates around these issues since the fall of 2013. The lawsuit comes just weeks after a California Court ruled that similar teacher tenure and retention laws violated the state’s Constitution and the right to equal opportunity to an education.
“As a journalist, I spent my professional life helping people tell their stories – and now as a parent, I’m advocating for these families to have their voices heard. They want what all families want, a sound basic education for their kids,” said Campbell Brown, Founder of the Partnership for Educational Justice. “Year after year our politicians have failed to act on common sense reforms. These families feel they no choice but to ask the courts to step in. All of New York’s children deserve access to a great education and these families will not wait another day.”
The families will receive pro bono representation and counsel of various attorneys at Kirkland & Ellis, including Jay Lefkowitz who has represented parents and organizations seeking meaningful reform in education for the last two decades and has litigated charter operator cases in several states.
Brown provided the seed funding for PEJ with a bipartisan group of donors also supporting the effort to provide every child access to a quality teacher and education. Education advocate Reshma Singh will serve as the new organization’s Executive Director.
“Effective teachers are essential to providing high quality, inspiring education. And yet, failed education laws here in New York promote seniority over performance and fail to remove ineffective and dangerous teachers from the classroom. It’s wrong,” Singh said. “Our bipartisan group will give these families – and families across the state – the support they need to bring common sense back into the classroom and make sure New York students have access to quality teachers.”
KEY POINTS IN LAWSUIT AGAINST COMPLICATED NYS TEACHER TENURE RULES
Families are suing the State of New York, claiming that the institutionalized retention of ineffective teachers deprives each child of their right to a sound basic education as guaranteed under the New York State Constitution. There are three basic claims:
1. Similar to the recent ground-breaking Vergara ruling in California, the lawsuit will specifically challenge the “Last In, First Out” mandate in New York, stating that the policy of forcing school districts to base layoffs on seniority – not a teacher’s performance in the classroom – violates the state constitution by denying students access to effective teachers.

2. Also similar to Vergara, the lawsuit will claim that New York’s Tenure Statute forces administrators to either grant or deny permanent lifetime employment after three years – an arbitrary time period that does not provide administrators enough time to determine a teachers’ effectiveness. Also similar to Vergara, the suit claims that the complicated disciplinary statutes make it nearly impossible to fire or discipline ineffective teachers –creating a burdensome, costly, and lengthy process that rarely removes ineffective teachers.

3. Also similar to Vergara, the suit claims that the complicated disciplinary statutes make it nearly impossible to fire or discipline ineffective teachers – creating a burdensome, costly, and lengthy process that rarely removes ineffective teachers.

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ABOUT THE PARTNERSHIP FOR EDUCATIONAL JUSTICE
Partnership for Educational Justice helps students, families and communities advocate for the great public schools they deserve though coalition building and legal action. All children, no matter their background or circumstance, deserve access to a sound education. The inequalities that exist in our educational system are the civil rights issue of our time. Motivated by a pervasive lack of meaningful progress in ensuring a supportive learning environment for all students, Partnership for Educational Justice challenges antiquated education laws that prevent public schools from providing all students with an excellent education. Targeted litigation will be supported by an aggressive communications campaign at the local, state and national level. Through its work, Partnership for Educational Justice will mobilize families, community stakeholders and organizations to form effective coalitions that increase pressure on legislators and other decision makers to reform our educational system.
Founded by Campbell Brown, an award-winning journalist and writer, Partnership for Educational Justice is in the process of becoming a 501c3 organization.

Advocates Preparing Lawsuit to Target New York State Teacher Tenure Laws

By Geoff Decker

Chalkbeat New York

“A national movement to prove that job protections for teachers prevent students from learning is getting ready to target New York state.

Six students and families, with the pro-bono help of a powerful New York City law firm and new advocacy group headed by former CNN journalist Campbell Brown, announced on Tuesday that they would file a lawsuit challenging state laws that critics say make it next to impossible to fire ineffective teachers. The process, they say, violate a student’s constitutional right to a sound and basic education.”

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Teacher Tenure Under Attack in New York

By Danny Spewak

WGRZ

“NEW YORK – Under the state Constitution, every student has the right to a “sound, basic education.”

That broad clause could incorporate a lot of things, but according to a new nonprofit group and a half-dozen New York families, it’s directly violated by the state’s teacher tenure and layoff procedures.”

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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.