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Verified Petition

Verified Petition

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Published by GothamSchools.org

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Published by: GothamSchools.org on Oct 21, 2010
Copyright:Attribution Non-commercial


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MICHAEL MIJLGREW, as President of the UNITEDFEDERATION OF TEACHERS, Local 2, AmericanFederation of Teachers, AFL-CIO, on behalf of allrepresented employees in the City School District of the
City of New York,
Index No._________
BOARD OF EDUCATION OF THE CITY SCHOOLDISTRICT OF THE CITY OF NEW YORK and JOELI. KLEIN, as Chancellor of the City School District ofthe City of New York,
For a Judgment Pursuant to Article 78 of the CPLR and
for Declaratory Relief Pursuant to CPLR 3001
Petitioner United Federation of Teachers (the "UFT"), by its President MichaelMuigrew, on behalf of all represented employees in the City School District of the City of NewYork ("Petitioner"), by its attorneys Stroock & Stroock & Lavan LLP, Carol L. Gersti, Esq. and
Adam S. Ross, Esq., hereby alleges, as and for its Verified Petition, as follows:
This is a special proceeding brought against Respondents pursuant toArticle 78 of the New York Civil Practice Law and Rules ("CPLR") to prevent Respondentsfrom improperly violating the personal privacy of, and likely irreparably damaging theprofessional reputations of, thousands of public school teachers.
Specifically, this Proceeding arises out of Respondents' apparent decisionto release certain internal and confidential teacher assessment materials, known as Teacher Data
Reports ("TDRs"), in response to Freedom of Information Law ("FOIL") requests (the "FOILRequests") from certain members of the press. These documents are not subject to release underFOIL because they fall within the exception for non-final, subjective, deliberative, consultativeintra-agency materials under Public Officers Law § 87(2)(g) and contain information that, ifreleased in an unredacted form, would constitute an unwarranted invasion of privacy pursuant toPublic Officers Law § 87(2)(b).As alleged herein, TDRs, as they presently exist, are unreliable, oftenincorrect, subjective analyses dressed up as scientific facts and presented in an inherentlymisleading fashion that will invariably cause the public to form unsupported conclusions as toteacher quality and irreparably harm the professional reputations of educators.
ndeed, as asserted herein, the DOE has acknowledged the subjective andunreliable nature of the TDRs in its various explanatory and training materials which are repletewith cautionary language and special instructions that limit their use and guide professional staffon how to properly interpret and apply TDRs. This acknowledgment, together with the purposeof the reports - as one of many intra-agency assessment tools for giving teachers information -and the recognized confidential nature of the information, provides a strong basis for finding thatthis material need not be disclosed because it falls into the statutory exceptions for non-finalintra-agency material that, if released in an unredacted form, would also constitute anunwarranted invasion of privacy. Accordingly, as explained herein, at the inception of the TDRprogram, then-Deputy Chancellor Christopher Cerf stated that TDRs were confidential internaldocuments and that the DOE would work with the UFT in connection with advancing the best
legal arguments placing TDRs within an exception to disclosure. Similarly, the current websiteof the DOE proclaims that confidentiality will be preserved.
Tellingly, the DOE's past responses to FOIL requests seeking the universeof TDR materials struck the proper balance under the law by disclosing the information withteacher names redacted, thereby reflecting DOE's own interpretation of what the law and privacyrights mandated. The instant FOIL requests are entitled to no special treatment simply becausethey explicitly seek teacher names rather than generally requesting all TDR documents.
Therefore, this Petition seeks a temporary restraining order andpreliminary injunction (i) prohibiting Respondents from releasing TDRs that are unredacted as toteacher names to any member of the public; and (ii) granting such other and further relief as theCourt may deem appropriate.
Petitioner Michael Muigrew is a resident of the State and City of NewYork, and is the President of the LIFT, Local No. 2 American Federation of Teachers, AFL-CIO.The UFT is an unincorporated association with its principal place of business in the City andCounty of New York and is the recognized bargaining agent for all nonsupervisory pedagogicalpersonnel and classroom paraprofessionals employed by the Board of Education of the CitySchool District of the City of New York. The UFT brings this Petition on behalf of allrepresented employees in the City School District of the City of New York.
Respondent Board of Education of the City School District of the City ofNew York (the "Board") is located at
Chambers Street, New York, New York, and is a school

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