Law & Courts

Court Seeks Justice Dept.’s Views in Case Over N.Y. Teacher Test

By Mark Walsh — December 05, 2007 3 min read
  • Save to favorites
  • Print

The U.S. Supreme Court is asking the Bush administration for its views on a long-running lawsuit that contends a teacher-certification exam used by New York state has a disparate impact on black and Latino teachers in the New York City school system.

The court on Dec. 3 asked the U.S. solicitor general for his views about the issues raised in Board of Education of New York City v. Gulino (Case No. 07-270), a sign that the justices are interested in the case. The solicitor general typically takes several months to respond to such an invitation.

The case raises several provocative questions. Who is the employer of public school teachers in New York state: the state, because it sets minimum licensure requirements, or the school district, which does the actual hiring? And is the state’s test a licensing exam akin to those administered to doctors and lawyers, or is it an employment test, which federal law says must pass muster as being job-related and properly validated?

A group of black and Latino teachers in New York City filed a class action against the state and the school system in 1996. The plaintiffs alleged that two tests used by the state had a racially disparate impact on African-American and Latino test-takers, and that those who failed to pass the test were demoted to substitute-teacher status, for which they were received less pay and reduced benefits. The teachers often had worked for many years with temporary licenses while trying to achieve full certification.

11 Years of Litigation

New York state used the National Teachers’ Examination Core Battery until 1994, when a state-developed exam called the Liberal Arts & Sciences Test, or LAST, replaced it. The lawsuit maintained that the test had a racially disparate impact that amounted to employment discrimination under Title VII of the Civil Rights Act of 1964.

Between 1993 and 1999, according to court documents, the average passing rate for white test-takers on the two tests ranged from 91 percent to 94 percent. The average for black test-takers in that period ranged from 51 percent to 62 percent; for Latinos, the average ranged from 47 percent to 55 percent.

The suit led to a five-month trial in 2002-03 before U.S. District Judge Constance Baker Motley, a noted civil rights lawyer before joining the bench. In late 2003, Judge Motley ruled that both the state and the school district were subject to Title VII liability for the test. But she ruled for the defendants, holding that the LAST was job-related because its inclusion of an essay portion was relevant to a teacher’s ability to communicate in writing. Judge Motley died in 2005.

On appeal, a three-judge panel of the U.S. Court of Appeals for the 2nd Circuit, in New York City, ruled unanimously last year to send the case back to the district court. The appeals court dismissed the state as a defendant, ruling that only the school district could face liability as an employer under Title VII. And it said the judge had erred in applying court precedents to the question of whether the LAST was a properly validated employment test. It ordered the district court to reconsider that issue.

The 1.1 million-student New York City school district appealed to the Supreme Court. The district is “in the awkward position of being on its own to defend a licensing examination that it neither designs, administers, grades, nor validates,” the school system said in its appeal.

The New York state education department filed a brief that also urges the justices to take up the case. The brief says most other federal appeals courts to address the issues had ruled that Title VII’s disparate-impact analysis should not be applied to state licensing requirements.

“A core rationale for demanding uniform minimum teacher-licensing requirements is to break [the] cycle” of poor and minority students’ “being poorly educated by underqualified teachers,” the state’s brief says.

In a brief urging the high court not to review the case, lawyers for the New York City teachers said the challenged tests “were used as de facto civil service examinations for public school personnel—not licensing tests—and courts routinely apply Title VII to civil service or state exams, the passage of which … is required exclusively for public employment.”

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Personalized Learning Webinar
Personalized Learning in the STEM Classroom
Unlock the power of personalized learning in STEM! Join our webinar to learn how to create engaging, student-centered classrooms.
Content provided by Project Lead The Way
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Student Well-Being Webinar
Students Speak, Schools Thrive: The Impact of Student Voice Data on Achievement
Research shows that when students feel heard, their outcomes improve. Join us to learn how to capture student voice data & create positive change in your district.
Content provided by Panorama Education
School & District Management Live Online Discussion A Seat at the Table: How Can We ‘Disagree Better’? A Roadmap for Educators
Experts in conflict resolution, psychology, and leadership skills offer K-12 leaders skills to avoid conflict in challenging circumstances.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts How Moms for Liberty's Legal Strategy Has Upended Title IX Rules for Schools
The grassroots group's tactic is confounding schools across the country trying to keep up with which Title IX rules apply to them.
7 min read
Moms for Liberty co-founder Tina Descovich speaks before Republican presidential nominee former President Donald Trump at the Moms for Liberty annual convention in Washington, Friday, Aug. 30, 2024.
Moms for Liberty co-founder Tina Descovich speaks before Republican presidential nominee former President Donald Trump addressed the group's annual convention in Washington on Aug. 30. One popular session was about Moms for Liberty's lawsuit challenging the Biden administration's Title IX regulation.
Mark Schiefelbein/AP
Law & Courts Supreme Court Leaves Biden's Title IX Rule Fully Blocked in 26 States
The court's action effectively leaves in place broad injunctions blocking the entire regulation in 26 states and at schools in other states.
5 min read
The Supreme Court building is seen on Thursday, June 13, 2024, in Washington.
The Supreme Court building is seen on Thursday, June 13, 2024, in Washington.
Mark Schiefelbein/AP
Law & Courts Iowa's Book Ban Is Reinstated by Appeals Court But Case Against It Will Continue
The Iowa law bars books depicting sex in school libraries and discussions of sexual orientation and gender identity in preK-6.
4 min read
An LGBTQ+ related book is seen on shelf at Fabulosa Books a store in the Castro District of San Francisco on Thursday, June 27, 2024. "Books Not Bans" is a program initiated and sponsored by the store that sends boxes of LGBTQ+ books to LGBTQ+ organizations in conservative parts of America, places where politicians are demonizing and banning books with LGBTQ+ affirming content.
An LGBTQ+ book section is seen at Fabulosa Books, a store in San Francisco, on June 27, 2024. A federal appeals court has reinstated an Iowa law that prohibits books depicting sex from public school libraries. Challengers claim the law has led school districts to remove scores of books out of fear of violating the law.
Haven Daley/AP
Law & Courts Louisiana Uses History, Pop Culture to Defend School Ten Commandments Mandate
Suggested options pair the Ten Commandments with Charlton Heston, Martin Luther King Jr., and Regina George of "Mean Girls."
6 min read
Louisiana Attorney General Liz Murrill, right, speaks alongside Louisiana Gov. Jeff Landry during a press conference regarding the Ten Commandments in schools Monday, Aug. 5, 2024, in Baton Rouge, La. Murrill announced on Monday that she is filing a brief in federal court asking a judge to dismiss a lawsuit seeking to overturn the state’s new law requiring that the Ten Commandments be displayed in every public school classroom.
Louisiana Attorney General Liz Murrill, right, speaks alongside Louisiana Gov. Jeff Landry during an Aug. 5, 2024, press conference in Baton Rouge, La., on the display of the Ten Commandments in public schools. Murrill is seeking to dismiss a lawsuit aiming to overturn the state’s law requiring that they be posted in every classroom.
Hilary Scheinuk/The Advocate via AP