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

FOR IMMEDIATE RELEASE
AUGUST 25, 2015

Contact: Melody Meyer (Partnership for Educational Justice): 646-770-7061 or melody@edjustice.org

NEW YORK PARENTS URGE COURT TO ADVANCE CASE FOR EDUCATIONAL JUSTICE AND ALLOW CRUCIAL INFORMATION ON TEACHER QUALITY TO COME TO LIGHT

Wright v. New York plaintiffs declare on courthouse steps, “When the promise to educate our children is delayed, it’s denied.”

Staten Island, NY – Today, immediately prior to oral arguments on the Wright v. New York defendants’ renewed Motion to Dismiss and request for a stay of discovery, plaintiff families and supporters stood together on the steps of the Richmond County Supreme Court to make their case that any delays to the lawsuit will hurt New York students and keep critical information about teacher quality and employment policies obscured from parents and taxpayers.

Keoni Wright, a father from Brooklyn and lead plaintiff in Wright v. New York, said, “In March, we won a major victory for our children when Justice Minardo ruled that our case for educational justice should move forward. Justice Minardo’s words – ‘we will not close the courthouse door to parents and children with viable constitutional rights’ – rang loud and clear to New York parents who trust teachers every day to provide our children with the education they are promised. This latest attempt to delay our case shows that the defendants will look for any excuse to keep information on teacher quality from parents. We have waited long enough. Education is the most important thing for our children and all children. When the promise to educate our children is delayed, it is denied. We need these laws to be fixed so children get the education they deserve – we won’t be delayed.”

Nina Doster, a mother from Queens and plaintiff in Wright v. New York, said, “I have experienced firsthand with my own children that ineffective teachers remain in classrooms at the expense of students’ educations. Today we are here to say that it’s time for solutions, not delays. The defendants can keep trying to stall but I want them to know that we are committed to this fight, and our children deserve nothing less. We are here to stand up for every child and every parent in New York that has suffered because an ineffective or harmful teacher was allowed to continue teaching. The judge already ruled that we should have our day in court. We deserve to have that chance to overturn these broken policies.”

Angeles Barragan, madre de Bronx y demandante en Wright v. New York, dijo, “Llegué a EE. UU. desde México para tener la seguridad de que mis hijos fueran a la escuela y recibieran la educación que se merecían. En lugar de ello, el gobierno y los sindicatos están intentando callar nuestros pedidos de respuestas y soluciones. Me siento decepcionada de que las leyes de educación apoyen a maestros que no incentivan a nuestros niños y no aceptaré que mi hija no pueda progresar en la escuela. Estamos acudiendo a los tribunales en busca de soluciones y las demoras no impedirán que luchemos por darles a nuestros niños la educación que se merecen.”
[Translation of paragraph above: Angeles Barragan, mother from the Bronx and plaintiff in Wright v. New York, said, “I came to the U.S. from Mexico to make sure my children could go to school and get the education they deserved. Instead, the government and unions are trying to shutdown our requests for answers and solutions. I am frustrated that education laws support teachers who don’t encourage our children and I will not accept that my daughter can’t thrive at school. We are turning to the courts for solutions and no delay will keep us from fighting to give our children the education they deserve.”]

In March, the defendants’ previous Motions to Dismiss were denied by Justice Philip Minardo, the same judge who is hearing today’s arguments. Earlier this year when he ruled in the plaintiffs’ favor, Justice Minardo wrote, “we will not close the courthouse door to parents and children with viable constitutional rights.” This decision paved the way for the plaintiffs to have their day in court and to gain access to crucial information from the defendants about the employment policies that protect ineffective teachers at the expense of students.

The plaintiffs argued that the hearing today is just another attempt to dismiss the case for educational justice and to delay uncovering important evidence. New York parents and students urge the court to deny these new motions on the grounds that recent minor amendments to the state education law do not remedy the current constitutional harm inflicted on children. The plaintiffs also argued that pausing Wright v. New York with a “stay of discovery” would allow the defendants to continue obscuring important information and testimony about the protections afforded to ineffective teachers and the impact these statutes have on New York’s students. A delay to the case would also prolong the State’s failure to uphold its constitutional promise to provide New York children the education they deserve.

Nine families from across the state filed suit last summer against the State of New York and others, claiming that the teacher tenure and dismissal laws deprive New York children of their right to a sound basic education as guaranteed under the New York State Constitution.

Tenicka Boyd, StudentsFirstNY’s Director of Organizing, said, “Having a great teacher is a life-changer for students, but unfortunately there are policies in place that prevent children from having access to the most effective teachers. In New York, if you’re a low-performing teacher, it’s easy to get a job for life and hard to remove you from the classroom, when it should be the opposite. These brave parent plaintiffs and the Partnership for Educational Justice are fighting for the rights of all students and we’re proud to stand with them.”

ABOUT PARTNERSHIP FOR EDUCATIONAL JUSTICE

Partnership for Educational Justice (PEJ) is a team of parent leaders, education advocates, and legal experts dedicated to reclaiming the promise of public education for all students. PEJ helps students, families, and communities advocate for better public schools through coalition-building and legal action. Specifically, PEJ works with parents and students to challenge antiquated laws that prevent public schools from providing all students with a good education. Our targeted litigation strategy is supported by a coordinated communications campaign at the local, state, and national levels that increases pressure on legislators and other decision-makers to improve our education system for the benefit of all children.

Founded by Campbell Brown, an award-winning journalist and writer, Partnership for Educational Justice is a 501(c)(3) nonprofit organization. PEJ is grateful to have the support and counsel of various attorneys at Kirkland & Ellis, including Jay Lefkowitz. These talented and mission-driven individuals are donating their services pro bono to ensure all students in New York have access to the teachers they deserve.

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“Thanks to the concerned New York families who filed suit challenging the state’s antiquated education policies, it appears that Albany has finally woken up to the crisis in our public schools. Prior to the legal action of these families, lawmakers ducked issues like teacher performance and tenure reform, and we applaud the Governor for listening to these brave parents and making quality education a priority.

“The steps taken by the Governor to raise the bar on teacher tenure show some progress, but make no mistake: the education reforms passed earlier this week have a long way to go. There is much more work to be done in a system that allows ineffective and harmful teachers to remain in schools even after serious offenses, and requires high-performing teachers to be removed in favor of those with simply more time in the classroom.”

— Campbell Brown, Founder of Partnership for Educational Justice

“Once again, Albany negotiations have fallen short of students’ best interests. While the Governor has moved in the right direction by increasing teacher accountability and strengthening tenure requirements, the State’s education policies don’t go far enough to ensure that all students have a great teacher.

“Unfortunately, the Governor and legislators have left in place the inexcusable requirement to dismiss high-performing teachers in times of budget shortfall, to the benefit of those who simply have spent more time in the classroom. Similarly, the State’s bill does not adequately challenge the lengthy and bureaucratic process that enables ineffective and harmful teachers to remain in classrooms, disproportionately serving poor students.

“Decades of political jockeying and insufficient progress have left New York parents with little option but to go to the courts, where a Staten Island judge recently ruled to advance their case. Our kids can’t wait any longer for politicians to make the bold changes that students deserve.”

— Campbell Brown, Founder of Partnership for Educational Justice

FOR IMMEDIATE RELEASE

MARCH 13, 2015

Contact: Chapin Fay, 212-681-1380

New York Parents Cheer the Court’s Decision on the Motion to Dismiss and Look Forward to Having Their Day in Court

Parents declare, “Our voices deserve to be heard, and now they will be. We have not

been dismissed!”

NEW YORK – Parents and students who brought suit in New York to challenge teacher tenure and dismissal policies stood together today on the steps of New York City Hall to cheer the court’s decision to allow their lawsuit Wright v. New York to move forward. Last summer, eight families filed a lawsuit to ensure quality education for New York students. They are challenging teacher tenure, teacher dismissal, and layoff policies because they believe these laws violate our children’s constitutional rights. The court’s decision yesterday to deny the motion to dismiss allows these families to have the opportunity to have their case heard in court and gain access to data that exposes achievement gaps and the degree to which quality teaching impacts a student’s ability to succeed.

Keoni Wright, the father of two daughters, Kaylah and Kyler, who are plaintiffs in Wright v. New York, spoke on behalf of his children, saying “Yesterday, in a monumental step forward for New York parents and families, Judge Minardo denied the defendants’ motions to dismiss our case, stating “’his court … will not close the courthouse door to parents and children with viable constitutional rights.’ Teachers matter. That’s why these laws, which protect ineffective teachers and harm our children’s education, need to be changed. Our voices deserve to be heard, and now they will be.”

Nina Doster, a mother from Queens, said “Both my children, Patience and King, have been let down by their teachers. Even though I have always been very accessible as a parent, I learned about their challenges when it was too late. Both my children are now reading below grade level. Laws like the ones we are fighting against allow ineffective teachers to stay in classrooms throughout New York State. I am standing up with my fellow plaintiffs and these families whose children are suffering at the hands of ineffective teachers. Our children’s constitutional rights are being violated when teachers who aren’t doing their job are protected. We have to fix that. We have to fight for educational justice, and now we are getting that chance. Yesterday, Judge Minardo denied the defendants’ motions to dismiss. We will not be kept out of the courts.”

Each parent declared, on behalf of all the plaintiffs, “Our voices deserve to be heard, and now they will be. We have not been dismissed!”

Find the full ruling here.

 

 

ABOUT THE PARTNERSHIP FOR EDUCATIONAL JUSTICE

 

Partnership for Educational Justice helps students, families and communities advocate for the great public schools they deserve through 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 a recognized 501(c)(3) organization.

 

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NEW YORK – Partnership for Educational Justice founder Campbell Brown released the following statement on today’s dismissal of the Motion to Dismiss in the New York case challenging teacher tenure and dismissal policies:

“This ruling is a major victory for New Yorkers, especially for parents and students. New Yorkers are one step closer to having access to the data that shows the degree to which quality teaching impacts a student’s ability to succeed and expose achievement gaps in the system. The courageous plaintiffs who have come forward to fight for high quality public education will have the chance to make their case in court. We know that quality teaching is the most important factor influencing student achievement, and this case will seek to prove that New York’s antiquated education policies have robbed students across the state of the opportunity to succeed in the classroom.”

Find the full ruling here.

Media Contact: Chapin Fay, 212-681-1380

FOR IMMEDIATE RELEASE
MARCH 12, 2015

Contact: Chapin Fay, 212-681-1380

PEJ Statement on Motion To Dismiss Denial

NEW YORK – Partnership for Educational Justice founder Campbell Brown released the following statement on today’s dismissal of the Motion to Dismiss in the New York case challenging teacher tenure and dismissal policies:

“This ruling is a major victory for New Yorkers, especially for parents and students. New Yorkers are one step closer to having access to the data that shows the degree to which quality teaching impacts a student’s ability to succeed and expose achievement gaps in the system. The courageous plaintiffs who have come forward to fight for high quality public education will have the chance to make their case in court. We know that quality teaching is the most important factor influencing student achievement, and this case will seek to prove that New York’s antiquated education policies have robbed students across the state of the opportunity to succeed in the classroom.”

Find the full ruling here:
http://www.edjustice.org/wp-content/uploads/2015/03/Motion-to-Dismiss-Decision.pdf

ABOUT THE PARTNERSHIP FOR EDUCATIONAL JUSTICE

Partnership for Educational Justice helps students, families and communities advocate for the great public schools they deserve through 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 a recognized 501(c)(3) organization.

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Study released as Gov. Cuomo plans kids-first agenda aimed at ending unacceptable status quo and empowering teachers to help kids succeed.

NEW YORK… A clear majority of New York parents believe teacher protections including tenure, LIFO, and teacher dismissal policies are ineffective, if not unconstitutional, and in need of reform, a new poll released today by the Partnership for Educational Justice found.

The results come as a dual-pronged effort to improve teacher quality is underway with a number of parents filing a lawsuit in Staten Island and Gov. Andrew Cuomo calling on Albany to pass legislation in the 2015 session.

“Whether it is through the courts or through the legislative process, New York parents clearly want change in our education system,” said Campbell Brown, Founder of the Partnership for Educational Justice. “Outside of the home, a teacher is the most important person in a child’s life, and the brave parents who went to court to ensure their kids have a quality teacher at the front of every classroom stand shoulder to shoulder with Gov. Cuomo as he fights for that same cause.”

Both the governor and the plaintiffs in the lawsuit are seeking to have the probationary period for granting tenure increased to five years from the current three. The parents who filed suit are additionally seeking the end of the “Last in, First out” policy that allows for firing decisions to be made strictly on the basis of seniority. They are also suing to end the 3020-A teacher dismissal statute that has allowed dozens of sexual predators found guilty of a slew of unconscionable acts to return to schools with just a slap on the wrist.

Among the findings in the poll:

· Two out of three parents believe either a “complete overhaul” or “major reform” is needed to fix the school system. Just two percent believe no reform whatsoever is necessary.

· A majority of those surveyed believe the process by which teachers can be fired is “too long and complicated,” and just 23 percent believe the process is “appropriate.”

· Of those who have heard or read about the lawsuit, 65 percent believe the parents should emerge victorious, while just 12 percent believe the state should win the case.

The poll of 800 registered voters (all of whom are parents of children 24 year old and younger) was conducted from December 12-15, 2014 and had a margin of error of +3.5%.

Partnership for Educational Justice
CONTACT: CHAPIN FAY, 212.681.1380

 

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“We are thrilled that the governor seems poised to take on some profoundly important education issues – including teacher tenure and dismissal practices – that directly affect millions of our kids. It takes political guts to take on the system. By all signs, Gov. Cuomo is ready to use his capital to do so. He will be joining courageous parents who have already been fighting this battle in court and welcome this dual-pronged approach.” Campbell Brown, Founder, Partnership for Educational Justice

“The New York Constitution guarantees my son Nakia the right to a sound basic education, and yet I have witnessed firsthand how an ineffective and dangerous teacher has denied him that right. So on behalf of my son and students around the state, we went to court to challenge the laws that keep ineffective and dangerous teachers in the classroom. I am grateful that the Governor appears ready to join our fight. Opening up a second front will bring us closer to our goal of providing every student a sound basic education.” Laurie Townsend, parent of Nakia Townsend Jr. from Forest Hills, NY, Plaintiff in Wright v. New York

Partnership for Educational Justice
CONTACT: CHAPIN FAY, 212.681.1380

“We do not think our case, or our children’s rights, should be dismissed.”

STATEN ISLAND, NY. Today, immediately prior to oral arguments on the defendants’ motion to dismiss Wright v. New York, the plaintiff families spoke directly to members of the press and the public from the steps of the Richmond County Courthouse. Today’s hearing marks a key turning point in the education of students across New York State. The plaintiff families urged the court to deny the motion to dismiss and force educational leaders to come to terms with the Constitution’s educational guarantees.

Denying the motion to dismiss will allow the parents to pursue their claims and prove their case by seeking documentation from the defendants that will demonstrate the constitutional violations alleged. Permitting the plaintiffs to proceed will shed transparency on a system often hidden from the public.

“Today is a historic day for our families,” said Carla Walker, mother of five from Rochester. “We filed this lawsuit, on behalf of my daughter Jada and students just like her around our state, because we believe current state laws violate our children’s constitutional right to education guaranteed to them in our state’s Constitution.”

Families from across the state filed suit in July 2014 against the State of New York and others, 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. The plaintiff families made three primary arguments:

1. The parents have stated a claim for relief in their Complaint. Existing case law in NY establishes what research has otherwise confirmed: students can only learn, succeed, and overcome adversity if they are taught by effective teachers. But, the statutes the parents are challenging keep too many ineffective teachers in the classroom and ultimately deprive students of their constitutional right to a “sound basic education.”
2. Defendants want to shield these harmful laws from judicial scrutiny and insulate their unconstitutional policies from review. But Plaintiffs have standing to file this lawsuit because enforcement of these laws is causing systemic harm that is injuring students statewide every day. Plaintiffs’ children have been taught by ineffective teachers and face the future risk of being taught by other ineffective teachers. They are the very group of people that Article XI of the NY State Constitution is intended to protect.
3. Courts play a vital role in our democracy, ensuring that other branches of government do not deprive citizens of their constitutional rights. That is what plaintiffs ask the court to do here. Defendants try to paint this as a political dispute, but it is a constitutional claim that the court should decide.

Laurie Townsend from Forest Hills said, “When my 11 year old son Nakia Jr., was in the 2nd grade, his science teacher shoved him. In the 4th grade, that same teacher targeted my son again and shook him again – that teacher remains in the classroom. I was outraged. When abusive teachers remain in the public education system due to poor teacher dismissal laws, my child’s and other children’s educational rights are violated. We won’t be dismissed. Our voices deserve to be heard.”

Mona Pradia, mother of three from Rochester said, “My 14 year old daughter, Adia-Jendayi suffered the worst school year she ever had because the teachers who were laid off had less seniority than incompetent teachers. Laying off our teachers, just on the basis of seniority, doesn’t take our students’ needs into consideration. As a parent and aspiring teacher, I’m proud to stand with other parents to fight for all our children.”

ABOUT THE PARTNERSHIP FOR EDUCATIONAL JUSTICE

The Partnership for Educational Justice helps students, families and communities advocate for the great public schools they deserve through 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 a recognized 501(c)(3) organization.

Partnership for Educational Justice
Press Contact: Chapin Fay, 212-681-1380

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