NYS Supreme Court Judge Rules on DOE School Aides

Rules union likely to succeed on its claims that the layoffs and subsequent replacement violate NYS Constitution, Education Law and Chancellor's Regulations

(New York, N.Y.) - On Tuesday, October 27, New York State Supreme Court Judge Carol Edmead ruled that Local 372 of District Council 37, AFSCME and the 530 School Aides represented by the union and targeted for layoffs by the city's Department of Education have established a likelihood of success in the lawsuit to stop the layoffs.

The Judge indicated that the union was likely to succeed on its claims that the layoffs and the subsequent replacement of the school aides with non-Civil Service employees would violate the merit and fitness clause of the New York State Constitution, New York State Education Law and the Chancellor's Regulations.

Judge Edmead's decision follows on the heels of a Temporary Restraining Order she granted on October 15 stopping the city's layoff attempt in response to a petition by Vernoica Montgomery-Costa, as President of NYC Board of Education Employees Local 372, District Council 37, AFSCME.

In today's ruling Judge Edmead states that "the record indicates that the planned layoffs disproportionately impact poorer districts, and undermine the equal educational opportunity for students in the affected schools. For example, DOE intends to lay off 47 of 263 School Aides in District 6 in Washington Heights. Within District 6, at I.S. 52 8 out of 12 school aides are scheduled to be laid off. I.S. 52 is particularly overcrowded; there are at least 8 oversized classes at I.S. 52.

"DOE also intends to lay off 27 School Aides in District 4, East Harlem, resulting in a 22% loss. DOE intends to lay off all five of the School Aides at P.S. 375, which serves pre-K through fifth grade within District 4. A DOE charge which depicts the demographics of P.S. 375 states that in 2008-2009, 87% of the P.S. 375 students come from families at or below the poverty rate, which appear to indicate that P.S. 375 will not have PA funded Teacher Aides to replace the School Aides, even though the oral testimony indicates that in many instances, School Aides are being replaced, in part, by senior School Aides.

"On the other hand, Districts 1,2, and 3 in Manhattan are only losing 1% of their school aides. District 15, which covers Park Slope, will only lose 6% of its School Aides."

The Judge also notes that, "School Aides who supervise school children in lunchrooms, lavatories, and school yards, and assist them in getting on and off buses, are trained to provide this necessary supervision. Although they do not work inside the classrooms, classrooms are not the only places where students spend time in school, and in these other frequented areas of the school, School Aides have become the personnel responsible for maintaining order in these areas."

In her temporary restraining order, issued on October 15, 2009, Judge Edmead stated, "This Court considered it important that before some of the most vulnerable employees in the New York City school system lose their jobs, in the midst of the worst economy we have seen in decades, the Court ensure that bad faith played no part in the DOE's determination to lay off approximately 500 school aides, and that such layoffs did not violate, inter alia, the New York State Constitution and Education Law."

She also noted the unions' argument that the fact that the layoffs were concentrated in schools in poorer areas, where parents could not hire supplemental aides as they have done in wealthier areas "does not promote fiscal and educational equity for students in New York City."

The Department of Education demanded that "since the Union is the main petitioner seeking to protect its members," that the Court direct that the Union post a bond $64,923.97 per day during the 12-day period, in the total amount of $779,087.64 for the period during which the Court's preliminary injunction remains in effect." The law apparently requires in most instances that a party seeking a preliminary injunction post a bond. While the exceptions are often in public interest litigation, the Judge ruled differently.

This represents the period from October 16, 2009 — the day the layoffs were scheduled to occur— until November 4, the date Judge Edmead anticipates ruling on the city and DOE's motion to dismiss the lawsuit.

District Council 37 Executive Director Lillian Roberts said, "I'm happy that the case is being reviewed by a Judge who understands the importance of the issues."

District Council 37 is New York City's largest public employee union, with 125,000 members and 50,000 retirees.
NYC Board of Education Employees Local 372 of DC 37 represents 25,000 NYC school workers.