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Gulino v. Board of Education

September 17, 2009

GULINO, ET AL., PLAINTIFFS,
v.
BOARD OF EDUCATION, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Wood, U.S.D.J.

OPINION AND ORDER

Plaintiffs, who represent a class of African-American and Latino teachers in the New York City public school system, allege that Defendant the New York City Board of Education (the "Board") and former Defendant the New York State Education Department (the "Department") discriminated against Plaintiffs in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"), as amended, 42 U.S.C. § 2000e et seq. Plaintiffs' claims against the Department have been dismissed. Three entities ("Movants") seek to intervene in this action under either Federal Rule of Civil Procedure ("Rule") 24(a)(2) or Rule 24(b).

For the reasons set forth below, the Court DENIES Movants' motion to intervene, but GRANTS Movants amicus status.

I. Background

A. Parties

1. Plaintiffs

Plaintiffs represent a class of African-American and Latino New York public school teachers, who either lost their teaching licenses or were prevented from obtaining full teaching licenses because they did not pass the Liberal Arts and Sciences Test of the New York State Teacher Certification Examination (the "LAST") or its predecessor, the National Teacher Core Battery Exam (the "NTE") (Compl. ¶¶ 64-65.)

2. Defendant

The Board manages the New York City ("City") public school system, and is the employer of City public school teachers. (Compl. ¶ 62.) To comply with various state regulations, the Board hires teachers for permanent positions only if they have met certain state-mandated certification requirements, including passing the LAST or NTE. (Trial Court Findings of Fact, dated Sept. 4, 2003, ¶¶ 12-44 [hereinafter "Ct. Findings"].)

3. Movants

The Regents have authority under the New York State ("State") Constitution to establish State education policy. (Mot. at 6.) In 1981, the Regents instituted a liberal arts and sciences testing requirement for candidates seeking State teaching licenses, which led to the development and use of the LAST and NTE for teacher certification. (Ct. Findings ¶¶ 12-44.)

The Department is a State agency charged with the general management and supervision of the State's public schools. (Mot. at 7.) The Department developed the NTE and LAST, and oversees the licensing of State public school teachers. (Compl. ¶ 63.)

The Commissioner is chief executive officer of the Department. (Ct. Findings ¶ 16.) The Commissioner promulgated the regulations that made the NTE and LAST part of the State's licensing requirements. (Ct. Findings ¶ 17; Mot. at 7.)

B. Procedural History

1. Initial District Court ...


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