Judge Denies Motion to Dismiss Teacher Tenure Lawsuit
A Staten Island judge has denied a motion to dismiss a lawsuit over teacher tenure and other job protections.
The union, the city and the state all argued that the case was moot because the state legislature changed the teacher evaluation system last spring. It also made it harder for teachers to achieve tenure.
But State Supreme Court Judge Philip Minardo said the legislature's "marginal changes affecting, e.g., the term of probation and/or the disciplinary proceedings applicable to teachers, are insufficient" grounds for dismissal.
The suit was brought by two different parent groups who say job protections for teachers deny students their state constitutional right to a sound basic education.
Ralia Polechronis, executive director of one of the plaintiffs — the Partnership for Educational Justice — called the judge's decision a victory.
"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," she said in a statement. "When it comes to the persisting achievement gap in our schools the time is now to give all students an opportunity to succeed."
The teachers union said the case is still on hold, however.
“Judge Philip Minardo’s procedural ruling is not the final decision in this case," said Adam Ross, general counsel for the United Federation of Teachers. "The plaintiffs’ arguments will be decided by the New York State Appellate Division. The case remains on hold until the appeals court rules.”
