New York Lawsuit

We’re helping New York families fight for the great teachers their children deserve by challenging factory-era laws that keep poorly-performing teachers in the classroom.

The Problem

Families count on New York’s public schools to put their children on track for success in college and beyond. But last year, only about 3 in 10 students across the state scored “proficient” or better on annual reading and math tests. In two of the state’s largest school districts, fewer than 1 in 10 students passed these tests. Based on current trends, 1 out of every 4 students statewide—and as many as half of all students in the state’s largest districts—won’t be able to graduate from high school on time and prepared for college. Hundreds of thousands of children in New York aren’t getting a sound education.


Unfortunately, a tangle of antiquated laws in New York grant teachers what amounts to lifetime job protection, meaning they are entitled to continue teaching even if they perform poorly year after year. While created with good intentions, these laws ignore the critical importance of teachers and make little sense at a time when most workers want the flexibility to change jobs several times during their careers. In practice, the laws also make it all but impossible for schools to replace those who are not up to the job.

Here’s how it works. After only a few years in the classroom, almost all teachers earn “tenure.” With tenure, teachers gain extensive job protections—so extensive, in fact, that schools have to navigate a nearly endless bureaucratic maze to replace even the worst performing teachers:

To make matters worse, New York’s laws also make it illegal for schools to keep their best teachers when layoffs become necessary. The state requires a quality-blind approach to layoffs that considers only years of service—and completely ignores job performance. This means that during tough economic times, schools are forced to cut some of their best teachers even as they keep ineffective teachers who happen to have worked in the district for a few more years.

The result is that schools are powerless to build strong teaching teams, and far too many students every year find themselves stuck in classrooms led by ineffective teachers. It’s a problem that affects families in every corner of the state, but the sad truth is that the students who need great teachers the most—those who grow up in low-income communities—are often the least likely to get them.


Our Solution

A great education starts with great teaching. Decades of research have proven that teachers have a greater impact on student learning than any other factor a school can control. In fact, even one year with a great teacher can transform students’ lives, giving them a better chance to graduate from college and earn a higher salary, and making them less likely to become teenage parents. The key to giving New York’s students the education they deserve is putting the best possible teachers in every classroom.

Our Case

In New York, students and their families have been calling for common-sense changes to lifetime employment laws for years. They know that while fixing these laws won’t solve all the problems facing their schools, students won’t get the great teachers they deserve until schools can replace those who aren’t up to the job without facing years of court battles.

Unfortunately, politicians and union leaders in New York haven’t listened. The latest example is New York City’s new contract with its teachers’ union, which will continue many of the same policies that have failed students and their families for decades.

Partnership for Educational Justice is helping students and their parents take their fight to the courts, challenging the outdated laws that keep them from getting the great teachers and great schools they deserve. On July 28th, 2014, seven brave families filed complaint with Supreme Court for the State of New York in Albany County specifically challenging these statutes:

1) New York Education Law’s tenure provisions, N.Y. Educ. Law § 3012, which ensures that
inadequate teachers remain in the classroom longer, leading to worse student outcomes;
2) New York Education Law’s disciplinary adjudication provision, N.Y. Educ. Law §§ 3020;
, which goes beyond the requirements of due process, dissuades administrators
from removing inadequate teachers due to the expense and difficulty involved, and
creates a backlog of grossly inadequate teachers who face disciplinary charges; and
3) New York Education Law’s Seniority, Retention and Displacement provisions, N.Y. Educ. Law §§ 2510; 2585; 2588, which administer teacher layoffs in the order of reverse seniority
without taking teacher effectiveness into account, ensuring that effective teachers are
taken out of the classroom while less effective ones remain.

Partnership for Educational Justice is grateful to have the support and counsel of various
attorneys at Kirkland & Ellis. These talented and mission-driven individuals are donating their
services pro bono to ensure all students in New York have access to the great teachers they

Click here to view the complaint

Click here to view the Opposition Brief to Motions to Dismiss

Click here to view the Motion to Dismiss decision

Click here to view the Opposition to Motions to Renew Motion to Dismiss

Click here to view the Renewed Motion to Dismiss Decision