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

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.

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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.

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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.

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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.

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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.

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Contact:

Maggie McKeon, 315.730.5101, Maggie@kpa.nyc