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
Artificial Intelligence Webinar
Managing AI in Schools: Practical Strategies for Districts
How should districts govern AI in schools? Learn practical strategies for policies, safety, transparency, and responsible adoption.
Content provided by Lightspeed Systems
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 Absenteeism Webinar
Turning Attendance Data Into Family Action
This California district cut chronic absenteeism in half. Learn how they used insight and early action to reach families and change outcomes.
Content provided by SchoolStatus
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
College & Workforce Readiness Webinar
Climb: A New Framework for Career Readiness in the Age of AI
Discover practical strategies to redefine career readiness in K–12 and move beyond credentials to develop true capability and character.
Content provided by Pearson

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 California Sues Ed. Dept. in Clash Over Gender Disclosures to Parents
California challenges U.S. Department of Education findings on state policies over gender disclosure.
4 min read
California Attorney General Rob Bonta speaks to reporters as Arizona Attorney General Kris Mayes, left, and Oregon Attorney General Dan Rayfield, right, listen outside the Supreme Court on Wednesday, Nov. 5, 2025, in Washington. (AP Photo/Mark Schiefelbein)
California Attorney General Rob Bonta speaks to reporters outside the U.S. Supreme Court in Washington on Nov. 5, 2025, with Arizona Attorney General Kris Mayes and Oregon Attorney General Dan Rayfield behind him. Bonta this week sued the U.S. Department of Education, asking a court to block the agency's finding that the state is violating FERPA by <ins data-user-label="Matt Stone" data-time="02/13/2026 4:22:45 PM" data-user-id="00000185-c5a3-d6ff-a38d-d7a32f6d0001" data-target-id="">not requiring schools to disclose</ins> students’ gender transitions <ins data-user-label="Matt Stone" data-time="02/13/2026 4:22:45 PM" data-user-id="00000185-c5a3-d6ff-a38d-d7a32f6d0001" data-target-id="">to</ins> parents.
Mark Schiefelbein/AP
Law & Courts Oklahoma Board Rejects Jewish Charter as Supreme Court Fight Looms
Oklahoma's charter school board rejected the Jewish school as members said their hands were tied.
4 min read
Ben Gamla Charter Schools founder and former U.S. Rep. Peter Deutsch, right, speaks with Brett Farley, executive director of the Catholic Conference of Oklahoma, left, before a Jan. 12 meeting of the Statewide Charter School Board in Oklahoma City. Both are founding board members of an Oklahoma Jewish Charter School.
Ben Gamla Charter Schools founder and former U.S. Rep. Peter Deutsch, right, speaks with Brett Farley, executive director of the Catholic Conference of Oklahoma, before a Jan. 12, 2026, meeting of the Statewide Charter School Board in Oklahoma City. The board rejected the proposed Jewish charter school on Feb. 9, 2026.
Nuria Martinez-Keel/Oklahoma Voice
Law & Courts Religious Charter Schools Push New Cases Toward Supreme Court
Advocates seeking to establish publicly funded religious schools in three states.
9 min read
The U.S. Supreme Court is seen, Wednesday, Jan. 14, 2026, in Washington.
The U.S. Supreme Court is seen on Wednesday, Jan. 14, 2026, in Washington. Religious charter advocates are betting a full Supreme Court will side with their efforts to establish religious charter schools.
Rahmat Gul/AP
Law & Courts Educators Sue Over ICE Activity on School Grounds and Nearby
The challenge targets the Trump administration's revocation of a policy that limited immigration enforcement at schools.
5 min read
A sign reading "Protect Neighbors" is posted near a bus stop as a school bus passes on Friday, Jan. 30, 2026, in Minneapolis.
A sign reading "Protect Neighbors" is posted near a bus stop in Minneapolis on Jan. 30, 2026. A lawsuit from two Minnesota school districts and the state's teachers' union says immigration agents have detained people and staged enforcement actions at or near schools, school bus stops, and daycare centers.
Kerem Yücel /Minnesota Public Radio via AP