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Wednesday, May 24, 2017

Some of New York City Schools are The Most Segregated in the United States.

All you have to do is read the first sentence in the Chalkbeat article posted below, to know whether the Mayor and Chancellor of NYC have succeeded in their mandate to provide a free and appropriate public school education to kids in the New York City school district. They have failed. ,,,,,,at least to the most vulnerable, the poor, and black/hispanic/other children. New York City schools are the most segregated in the United States.

Shame on both of you. Do something big, now. Make a difference.

Betsy Combier
Editor, NYC Rubber Room Reporter
Editor, Parentadvocates.org
Editor, New York Court Corruption
Editor, National Public Voice
Editor, NYC Public Voice
Editor, Inside 3020-a Teacher Trials

NYC middle schools, pre-Ks meet diversity targets — and more high schools join initiative to spur integration
By Christina Veiga         @CVEIGA         CVEIGA@CHALKBEAT.ORG    
New York City middle schools participating in an admissions program designed to encourage integration met their targets in making offers to incoming students, Chalkbeat has learned.
Additionally, two more high schools will join the Diversity in Admissions pilot, bringing the total to 21 participating schools — still a tiny fraction of the roughly 1,800 schools across the city.
This is the third school year that principals could apply to the program, which allows schools to set aside a percentage of seats for students who meet certain criteria, such as qualifying for free or reduced-price lunch, which is often used as a measure of poverty. In some schools, only a sliver of seats are set aside; at others, it’s more than half.
Mayor Bill de Blasio and schools Chancellor Carmen Fariña have come under increasing pressure to spur integration in city schools, which are some of the most segregated in the country. While the education department has been eager to tout the Diversity in Admissions program, many activists have criticized the approach as piecemeal, calling instead for wider-scale approaches. The city has promised a broader plan by June, and the chancellor recently hinted that changes to high school admissions could be a part of the proposal.
The four middle schools in the diversity program all met — or surpassed — their set-aside targets in making offers to incoming students, according to data provided by the education department. However, it’s not guaranteed that all students who are offered admission will actually enroll.
Two of the participating middle schools are in Brooklyn’s District 15, where parents and Councilman Brad Lander have called for enrollment changes. At M.S. 839, 42 percent of offers went to students who qualify for free or reduced-price lunch. At the Math & Science Exploratory School, 30 percent of offers did.
Two high schools will join the Diversity in Admissions program for the 2017-18 enrollment cycle: Williamsburg High School for Architecture and Design in Brooklyn, and Academy for Careers in Television and Film in Queens. Both will set aside 63 percent of seats for students who qualify for free lunch — a higher threshold of need. Currently, 83 percent of students at Williamsburg High School qualify for free or reduced-price lunch (rates for only free lunch were not immediately available). Only about 50 percent of students at Academy for Careers in Television and Film qualify for free lunch, according to Principal Edgar Rodriguez.
Rodriguez said he has seen the school’s population slowly change since it opened almost a decade ago. Television and Film was a Title I school when it launched, meaning enough students were poor to qualify for additional federal funding. The school has since lost that status, and Rodriguez said joining the Diversity in Admission pilot will help preserve economic diversity.
“We work very hard, in the four years we have students with us, to provide them a space that gives them a sense of the real world,” he said. “The school is already diverse as it is, and I think ensuring the diversity continues, and that it’s sustained over time and deepened, just enhances that experience overall.”
The education department also shared offer information for nine pre-K sites in the Diversity in Admissions program.
Most pre-Ks in the diversity program met their offer targets, except for the Castle Bridge School in Washington Heights. The school aimed to make 10 percent of offers to students who have incarcerated parents, but the school wasn’t able to make any offers based on the students who applied and priority status given to other students.
A recent report by The Century Foundation found that the city’s pre-Ks are more segregated than kindergarten classrooms. Testifying recently at a state budget hearing, Fariña seemed to chalk that up to parent choice.
“I, as a parent, am not going to be running to another part [of the city]. So it’s a matter [of] applying,” she said. “This is parent choice — the same way you can go to private school, parochial school, charter school, you can go to any pre-K.”

Confronting Segregation in New York City Schools Despite its polychromatic diversity, New York City has one of most deeply segregated school systems in the nation. When asked about this last week, Mayor Bill de Blasio dodged by saying that the schools are a reflection of historical housing patterns, and, “We cannot change the basic reality of housing in New York City.

Segregation in the city’s schools cannot be dismissed as an unsolvable problem. And though housing plays a role, decades-old educational policies have reinforced inequality and placed many low-income black and brown children on the road to second-class citizenship.

The Times’s Elizabeth A. Harris and Ford Fessenden made that clear last week in “The Broken Promises of Choice in New York City Schools,” an investigation of how a school choice initiative actually traps many low-income children in an inferior system-within-a-system.

Created during the mayoralty of Michael Bloomberg, New York’s choice system frees eighth graders who once would have attended their neighborhood high schools to apply anywhere in the city. But many of the most desirable high schools seem to have washed their hands of all but the best-prepared students by basing admission on auditions, or scores on a one-day, high-stakes test, or top performance on statewide exams, or portfolios of middle school work. Others apply vague entrance criteria that leave a room for arbitrariness.

By eighth grade, however, many low-income black and Hispanic children who have spent their early grades confined to failing schools — and passed through similarly poor middle schools — have already fallen too far behind in the competition for the high schools that could prepare them for college.

In some cases, for example, middle school students may not have taken courses necessary for entry and may not have the work samples to submit because teachers were unaware that they were supposed to preserve them. And low-income children who might qualify for admission are often defeated by a byzantine application process that wealthier parents navigate with paid consultants.

The choice system was constructed not for the poor, but to keep white middle-class families invested in the public schools. Even some who supported the strategy 20 years ago, though, now recognize that it promotes class segregation and presents enormous obstacles to vulnerable families. As The Times article points out, the racial isolation of black and Hispanic students is just as great in high school as in elementary schools, evidence that the choice system is failing.

Eric Nadelstern, a professor at Teachers College at Columbia University, who served as the deputy schools chancellor during the Bloomberg years, believes that efforts to retain the middle class at the expense of the poor were a critical mistake that reinforced racial isolation.

He recently proposed that the city get rid of the school entrance requirement system in favor of one that allows children to apply to any school in any area, with all admissions decided by lotteries. Others favor a less extreme version of this idea, under which schools would expand diversity — and promote upward mobility — by accepting children with a broader range of academic preparation.

Beyond that, critics argue that Mr. de Blasio should take a more urgent approach to remaking schools that continue to fail low-income black and Latino students. That means strengthening the teacher corps where possible and replacing it where necessary.

These changes are unlikely, with a mayor who is running for office and eager to keep the peace with both the teachers union and middle-class voters. But none of this alters the fundamental truth that New York City’s school choice system is tilted toward the wealthy and offers no real choice for the poor.

Half a century after integrating a New Orleans school, Ruby Bridges says America is headed in the wrong direction

‘I have hidden my legal status for 11 years’: A disillusioned high school senior speaks out

Sunday, May 21, 2017

Federal Judge Deborah Batts Gives the UFT a Win in Allowing the Union To Proceed With Arbitration For KIPP Academy Charter School Teachers

Campbell Brown, The 74
Another defeat of a case brought by Campbell Brown against the unionization of schools. The UFT wins the right to arbitrate union benefits for KIPP Academy teachers.

Betsy Combier
betsy.combier@gmail.com
Editor, NYC Rubber Room Reporter
Editor, Parentadvocates.org
Editor, New York Court Corruption
Editor, National Public Voice
Editor, NYC Public Voice
Editor, Inside 3020-a Teacher Trials

Federal Judge Denies NYC KIPP School’s Effort To Block Arbitration of Teacher Grievances
Parentadvocates.org, Betsy Combier, Editor May 21, 2017

A federal judge has blocked an attempt by a South Bronx charter school, part of the national KIPP network, to prevent its teachers from having an arbitrator hear their workplace grievances at the request of the city teachers union. The ruling by Judge Deborah Batts on Thursday in U.S. District Court for the Southern District of New York means that a June 14 arbitration hearing on behalf of the KIPP Academy Charter School teachers can likely move forward. They would be represented by the United Federation of Teachers.

Federal Judge Denies NYC KIPP School’s Effort To Block Arbitration of Teacher Grievances
LINK

A federal judge has blocked an attempt by a South Bronx charter school, part of the national KIPP network, to prevent its teachers from having an arbitrator hear their workplace grievances at the request of the city teachers union.

The ruling by Judge Deborah Batts on Thursday in U.S. District Court for the Southern District of New York means that a June 14 arbitration hearing on behalf of the KIPP Academy Charter School teachers can likely move forward. They would be represented by the United Federation of Teachers.

The union announced the development Friday in a statement, saying the judge’s ruling amounted to “KIPP’s third loss in its battle with its unionized employees.”

“The question of whether this case can go to arbitration has been resolved. We now look forward to an arbitrator ruling on the substance of the educators’ claims,” UFT general counsel Adam Ross said in a subsequent message to The 74.

Most charter schools are not unionized, but KIPP Academy is a rare exception. It is one of only four remaining charters in New York City that converted from a district school and so automatically retained union representation of its teachers.

KIPP Academy was established in 2000 but the collective bargaining issues only became publicly contentious recently, after some among the 80-member staff complained to the UFT last year that their bosses failed to provide summer vacation pay, appropriate sick time, prep time, and breaks during the work day, among other issues.

The KIPP school filed a federal complaint against the UFT March 14, arguing that the union contract governing working conditions for tens of thousands of city teachers doesn’t apply to teachers at its academy. The charter network has its own employee contract that governs scheduling and related issues.

But Batts’ ruling essentially rejected that argument. The judge denied KIPP’s request for a preliminary injunction to stay arbitration, explaining that a state court had had already came to that conclusion and KIPP could not try to argue the same issue again at the federal level.

KIPP has appealed that earlier ruling to the state appellate court.

Superintendent Jim Manly, who oversees all 11 New York City KIPP schools, defended the rights of KIPP Academy teachers to “decide who best represents their interests.” KIPP has said that despite collecting dues, the union has never actually carried out representative functions for staff in the school’s 16-year existence, nor objected to its policies.

This decision was not based on the underlying merits of our case but rather a jurisdictional technicality which the UFT used, once again, to block KIPP Academy teachers from having their voices heard,” Manly said in an email Friday. “This comes down to the UFT trying to impose a contract on a group of teachers while depriving those teachers of the opportunity to determine whether they want the UFT to represent them.”

The school currently serves 800 students in grades K-8.

In a separate but related dispute that preempted the federal complaint, the UFT in January accused KIPP Academy officials of violating federal labor law by actively encouraging employees to decertify the UFT as their collective bargaining representative. KIPP has said it violated no laws and will address the UFT’s allegations before the National Labor Relations Board.

KIPP Academy has fought unsuccessfully for independence from the union in the past. A 2009 decertification effort was dismissed by a state judge who accepted the UFT’s argument that decertification was subject to a vote by the majority of the 75,000 teachers in the entire city school system at that time, rather than just KIPP teachers.

Disclosure: The KIPP charter network and The 74 both receive funding from The Walton Family Foundation, The Doris & Donald Fisher Fund, Karsh Family Foundation, The Eli and Edythe Broad Foundation, and The Bill & Melinda Gates Foundation.

KIPP Complaint
KIPP Motion For an Injunction
UFT Motion To Dismiss
UFT Unfair Labor Practice Complaint
ORDER - Judge Batts

Tuesday, May 16, 2017

Monika Garg Ousted as Principal of Central Park East 1. Community Power Wins The Day

It is a wonderful thing. The Community of parents, teachers and friends of Central Park East 1 joined together to remove Principal Monika Garg based upon the facts of her wrongdoing, and succeeded.

This rare occurrence is wonderful to see, and will send a message to all those other miscreants lurking in the vast forest of principals who put children last. Stop, or community power will stop you.

Congratulations to the many people who made this happen!

Monika Garg

Betsy Combier
Editor, NYC Rubber Room Reporter
Editor, Parentadvocates.org
Editor, New York Court Corruption
Editor, National Public Voice
Editor, NYC Public Voice
Editor, Inside 3020-a Teacher Trials


Harlem Principal Is Out After a Yearlong Civil War at an Elementary School

After a yearlong civil war inside Central Park East I, a progressive elementary school in East Harlem, the school’s embattled principal has stepped aside, the city’s education department said on Monday, handing a victory to parents who had accused her of seeking to dismantle the school’s traditions.

The principal, Monika Garg, will retain her title and salary as a principal but will no longer have a school to run. The department said the change was effective immediately.

That was a sudden about-face from Friday, when the Education Department announced that it was giving Ms. Garg a new supervisor but said that she would remain the principal.

The conflict has consumed the school since last year, dividing the parents and the staff. What the groups are fighting over has at times been hard to discern amid the volleys of accusations and counter-accusations. The parents and teachers who opposed Ms. Garg said she was trying to squelch the school’s progressive spirit by bringing it in line with department rules. They also accused her of instigating investigations against teachers who defied her.

Parents who supported Ms. Garg, on the other hand, said that the school, which was originally intended to provide a rich, arts-filled education to the children of East Harlem, had over the years become exclusionary and that its traditions had calcified. They said the investigations of teachers were justified and were not pursued out of animus.

For months, the city’s schools chancellor, Carmen Fariña, had resisted calls to remove Ms. Garg. Things seemed to change in recent weeks, when a group of parents occupied the school overnight and then began following Mayor Bill de Blasio around the city. Even so, when the mayor was asked about the situation at an unrelated news conference on Thursday, he did not give any hint that he was pushing the chancellor one way or the other on the issue, saying that parents and teachers were divided and that the loudest group did not have “a monopoly on the truth.”

Afterward, the Education Department had seemed to waver about what to do. On Friday came the announcement that a supervisor had been placed over Ms. Garg at the school. Then, on Monday, Ms. Garg did not return to the school. In a brief interview there in the early afternoon, her new supervisor, Dolores Esposito, said she could not say why Ms. Garg was not there or whether she would continue as principal.

“We can’t answer that,” she said as she hurried away from a reporter.

The Education Department did not immediately name an interim leader but said Ms. Esposito would continue to oversee the school.

Central Park East I was founded in 1974 by Deborah Meier, a leader in the small schools movement, who started several other schools and won a MacArthur fellowship, known as a “genius grant,” in 1987.

Sunday, May 14, 2017

Probationary Teacher Nayana Vyas Failed to Overturn Her U-Rating or Prove Retaliation (2015)

Another probationary teacher who cannot reach the standard for bad faith or retaliation.

Betsy Combier
betsy.combier@gmail.com
Editor, NYC Rubber Room Reporter
Editor, Parentadvocates.org
Editor, New York Court Corruption
Editor, National Public Voice
Editor, NYC Public Voice
Editor, Inside 3020-a Teacher Trials


Tom, J.P., Friedman, Renwick, Manzanet-Daniels, Feinman, JJ.

14367 In re Nayana Vyas, Index 102253/12
Petitioner Appellant, -against  - City of New York, et al., Respondents-Respondents. Glass Krakower LLP, New York (Jordan Harlow of counsel), for appellant.
Zachary W. Carter, Corporation Counsel, New York (Diana Lawless of counsel), for respondents.

Judgment, Supreme Court, New York County (Kathryn E. Freed, J.), entered June 25, 2013, insofar as appealed from as limited by the briefs, granting respondents’ cross motion to dismiss, pursuant to CPLR 3211(a)(7), the petition seeking the annulment of respondents’ denial of petitioner’s appeals of her unsatisfactory ratings (U-ratings) for the 2009-2010 and 2010- 2011 school years, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

Petitioner, who was formerly employed by respondent New York City Department of Education (DOE) as a probationary teacher, brought this proceeding under CPLR article 78 to annul her U ratings for the 2009-2010 and 2010-2011 school years. In lieu of answering the petition, respondents made a cross motion, pursuant to CPLR 3211(a)(7), to dismiss the petition for failure to state a cause of action. Because petitioner has not pleaded any specific facts giving rise to a fair inference that the U-ratings were arbitrary, capricious, made in bad faith, or issued in violation of lawful procedure, Supreme Court properly granted the cross motion and dismissed the petition.

With regard to the U-rating for the 2009-2010 school year, petitioner’s primary complaint is that she was evaluated based on assignments to teach science classes, which were outside her area of certification (mathematics). However, DOE was entitled to assign petitioner (who holds a medical degree) to teach science classes, notwithstanding that her certification is in mathematics. The provision of the Rules of the Board of Regents that prohibits assigning a teacher “to devote a substantial portion of [her] time in a tenure area other than that in which [she] has acquired tenure or is in probationary status, without [her] prior written consent” (8 NYCRR § 30-1.9[c]) is “not . . . applicable to city school districts located within cities having a population in excess of 400,000 inhabitants” (8 NYCRR § 30- 1.2[e]), such as DOE (see Steele v Board of Educ. of City of N.Y., 40 NY2d 456, 463 n 2 [1976]).

Since DOE was entitled to make the teaching assignments in question, its evaluation of petitioner based on those assignments does not give rise to an inference that the resulting U-ratings were arbitrary, capricious, or made in bad faith, nor were the U-ratings issued in violation of lawful procedure. Further, given that petitioner was a probationary teacher who could have been discharged at any time, for any lawful reason or no reason at all under Education Law § 2573(1)(a) (see Matter of Venes v Community School Bd. of Dist. 26, 43 NY2d 520, 525 [1978]), bad faith cannot be inferred from the fact that the U-rating was issued after the school principal insisted that petitioner sign an agreement consenting to an additional year of probation to avoid being discharged.

The petition’s remaining allegations concerning the 2009-2010 school year also fail to raise an inference that her U-rating for that year was issued in bad faith or was otherwise improper. The only basis alleged in support of petitioner’s challenge to her U-rating for the 2010-2011 school year is the contention that it was issued in retaliation for her having filed a complaint with the State Department of Education against the principal who issued her U-rating for the previous year, when she was teaching at a different school.

This fails to state a cause of action for annulment of the rating because petitioner’s imputation of a retaliatory motive for the U-rating is entirely speculative; the specific facts alleged do not give rise to a fair inference that the U-rating was improperly motivated (see Matter of Murnane v Department of Educ. of the City of N.Y., 82 AD3d 576 [1st Dept 2011]).

Notably, petitioner admits that she was assigned to teach within her area of certification during the 2010-2011 school year, and she alleges no procedural irregularities that might have undermined the integrity or fairness of the rating process for that year (cf. Matter of Kolmel v City of New York, 88 AD3d 527, 529 [1st Dept 2011]).


THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT. ENTERED: NOVEMBER 17, 2015 _______________________

RE: the Appeal of Suzanne Varriale, Who Did Not Testify At Her 3020-a Case

Automatic termination. That's the penalty in any case where the Respondent does not testify.

Why?This leaves no appeal, as an Article 75 Petition filed in the Supreme Court to overturn a 3020-a arbitrator's decision is called. The arbitrator in her case had nothing to look at about whether or not the charges were untrue.

I don't know of any 3020-a decision won by a Respondent(charged employee) who did not testify. All the cases I have show termination.

In the case of J.S., who filed an Article 75 to overturn his arbitrator's decision but he did not testify, New York State Supreme Court Judge Alice Schlesinger reprimanded him for not testifying. She told us that she needed something from the Petitioner at the 3020-a to use if she denied the Corporation Counsel's Motion To Dismiss. I was in her chambers, invited by her after I went with J.S. to his oral argument. She told us that she had to sustain the termination, even though she didn't want to, because J.S. had a witness who testified that he was an excellent teacher. She dismissed the Petition.

In sum, do not go to a 3020-a and not testify. Give your side of the story.

Betsy Combier
betsy.combier@gmail.com
Editor, NYC Rubber Room Reporter
Editor, Parentadvocates.org
Editor, New York Court Corruption
Editor, National Public Voice
Editor, NYC Public Voice
Editor, Inside 3020-a Teacher Trials


2017 NY Slip Op 02513

IN RE SUZANNE VARRIALE, Petitioner-Appellant,

v.

CITY OF NEW YORK, ET AL., Respondents-Respondents.

3572, 652189/14.
Appellate Division of the Supreme Court of New York, First Department.
Decided March 30, 2017.
Order, Supreme Court, New York County (Lynn R. Kotler, J.), entered November 10, 2015, which, after a hearing, denied the petition to vacate the determination of respondent New York City Board of Education, dated July 7, 2014, which terminated petitioner's employment as a tenured school teacher, and dismissed the proceeding, unanimously affirmed, without costs. Although petitioner was a thirteen-year employee with no prior disciplinary history, and no charges had ever previously been preferred against her, in light of the seriousness of the allegations herein, the penalty of termination was not shocking to one's sense of fairness (see Altsheler v Board of Educ. of Great Neck Union Free School Dist., 62 NY2d 656, 657 [1984]). The record showed that petitioner strayed from her duties as a school teacher by deliberately escalating a confrontation with a student by yelling expletives and threatening him with violence. Even after security personnel defused the situation by removing the student from the classroom, petitioner subsequently confronted him again, later that day, yelling at least six times that her husband, an armed police officer, would kill him. Petitioner then brought her husband to school the following morning, to the student's scheduled class in the gymnasium, although the student, having been suspended from school, was not there (compare Riley v City of New York, 84 AD3d 442 [1st Dept 2011]). Further, as noted by the hearing officer, had the student been in class that morning, the possibility of violence occurring was very real, and petitioner conveyed a message to other students that she could not rely upon school authorities to control threats of violence against a teacher by a student.
Glass Krakower LLP, New York (Bryan D. Glass of counsel), for appellant.
Zachary W. Carter, Corporation Counsel, New York (Kathy Chang Park of counsel), for respondents.
Before: Tom, J.P., Moskowitz, Feinman, Gische, Kapnick, JJ.
Petitioner also showed no remorse nor appreciation for the seriousness of her conduct (see e.g. Matter of Villada v City of New York, 126 AD3d 598, 599 [1st Dept 2015]) to support a finding that she would not engage in similar conduct if faced with such circumstances in the future. Petitioner declined to take the stand, and thus, the hearing officer was permitted to draw the strongest inference against her permitted by the record (Matter of Carangelo v Ambach, 130 AD2d 898, 900 [3d Dept 1987], appeal denied 70 NY2d 609 [1987]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

Saturday, May 13, 2017

New Jersey Judge Dismisses a Lawsuit Challenging State Rules Requiring School Districts to Base Teacher Layoffs on Seniority

74 co-founder and board member Campbell Brown
Campbell Brown loses another lawsuit aimed at ending the tenure protections of teachers. Her latest attempt involved stopping the "last in first out" excessing, where senior teachers stay and newbie teachers leave if there are layoffs.

See the Lawline episode on that with me, Attorney Bryan Glass (who asked for my participation for this show) and former DOE prosecutor Attorney Michael Mazzariello:


Lawline TV: Teachers Unions & the Last In First Out Rule

Enjoy.

Betsy Combier






HG v. Harrington Legal Filings


New Jersey Judge Tosses Parents’ Lawsuit Claiming Last In, First Out Layoff Rules Harm Students

New Jersey judge swiftly dismissed a lawsuit Wednesday that challenged state rules requiring school districts to base teacher layoffs on seniority regardless of performance in the classroom.
New Jersey Superior Court Judge Mary C. Jacobson told a Trenton courtroom that the plaintiffs had failed to establish how seniority-based layoff rules known as “last in, first out” were harming their children.
“I don’t see any link other than speculation and conjecture between the LIFO statute and the denial of a thorough and efficient education to these 12 children,” Jacobson said.
The lawsuit, HG v. Harrington, was filed in November on behalf of a dozen Newark students, claiming that “last in, first out” mandates governing teacher layoffs violate their right to a “thorough and efficient” and “equal” education system under the state Constitution.
The complaint was sponsored by The Partnership for Educational Justice, a national education reform nonprofit founded by 74 co-founder Campbell Brown. Named defendants include the New Jersey State Board of Education and Newark Public School District.
The American Federation of Teachers and the New Jersey Education Association, considered “intervening” defendants in the case, filed the motion to dismiss.
(Read: New Jersey Parents File Lawsuit to End First-In, Last-Out Layoffs)
The parent plaintiffs charged that children attending Newark Public Schools and other poverty-ridden districts are denied an equitable education because statutes requiring “quality-blind” layoffs force those districts to lay off effective teachers rather than ineffective ones, or to cut spending elsewhere in the budget rather than lay teachers off.
In recent years, Newark Public Schools avoided layoffs by refusing to assign ineffective educators to any job, placing them instead in the Educators Without Placement Sites (EWPS) pool.
Even without a job, those educators are still paid — a cost that ballooned from $6.4 million in the 2011–12 school year to $22.6 million in the 2013–14 school year. Newark Public Schools Superintendent Chris Cerf, who was appointed in 2015, has since transitioned hundreds of those unassigned educators back to the classroom. Newark Public Schools plans to spend about $8 million for an estimated 80 educators in the EWPS pool next school year, according to the district.  
Kathleen Reilly, a lawyer for the plaintiffs, called the EWPS pool a “work-around” that “diverts the district’s already limited resources” to pay the salaries of ineffective teachers.
But union lawyers argued that because Newark Public Schools has not laid off teachers recently or announced a plan to do so in the immediate future, the plaintiffs did not establish negative consequences of the rules.
“They don’t name a single program or resource or opportunity that any individual plaintiff has been denied and which has caused that individual plaintiff harm,” said Steve Weissman, a lawyer for the AFT. “There is absolutely no specificity here.”
Reilly said the plaintiffs might appeal the dismissal to the appellate court or replead the case.
“I don’t think these parents want us to move on” from the case, she told reporters after the hearing.
HG v. Harrington is the third lawsuit filed by the PEJ challenging teacher tenure protections. In 2014, the group filed Wright v. New York, which is currently before the state Supreme Court. Last year, the group filed Forslund v. Minnesota, but it was dismissed by a judge who said issues governing teacher layoffs should rest with state lawmakers. The plaintiffs in that case have since appealed the judge’s decision.
Editor’s Note: 74 co-founder and board member Campbell Brown founded the Partnership for Education Justice. The Walton Family Foundation partially funds The 74 and PEJ