Posts Tagged ‘Public Education’

EDCI 506: Legal Issue in Education

Saturday, March 2nd, 2013




In the past few years we have heard a lot about the No Child Left Behind act. This year, states are trying to put even more pressure on teachers by having their evaluations contribute to the overall accountability of the students, the student’s test scores and the school system as a whole. However, New York has submitted into a court a motion stating that the “State cannot withhold aid to city schools over teach evaluation impasse”.

New York state officials had demanded that city schools in New York come up with a plan for evaluation public school teachers. Gov. Cuomo had told New York public education that he would withhold $260 million if they could not develop a plan for evaluating the public school teachers. The New York teacher’s union was unable to develop a plan by the January 17th deadline and therefore the Governor was reluctant to give the hefty federal grant to the school systems.

It was stated by the judge that “’innocent children, particularly the neediest among them, could be hurt by financial cuts’” (Baker, 2013). This can be tied back to the 1975 cause of Goss vs. Lopez in which the Supreme Court rules that students had a legal right to education, and that “students had a property interest in their education that could not be taken away”(Ornstein 2011). This is most likely why the Judge in New York ruled against the withholding of the grant. Students would inherently be impacted, whether they were unable to pay for student’s lunches, or supplies for the classroom. It would end up doing more bad than good.

A lawyer who filed the class action suit stated that the judge’s decision” is a substantial victory for all of New York City’s students”. Now the students will not need to worry about being able to eat lunch or not having a textbook for their class. A chairwoman of the State Assembly’s education committee also commented saying that “no one should ever use formula-drive aid to punish kids”, you can tell that the main concern was for the well-being of the children who attend New York public schools. (Baker, 2013)



Baker, A. (2013, February 21). Judge says state cannot withhold aid to city school’s over teacher evaluation impasse. The New York Times. Retrieved from

(n.d.). Retrieved from

Ornstein, A., Levine, D., & Gutek, G. (2011). Foundations of Education. (11ed.). Belmont, CA: Wadsworth