Release #322-00

"Friend of the Court" Brief Urges that Students Trapped in Failing Schools Be Allowed to Attend Other Schools

Mayor Rudolph W. Giuliani today announced that the City has filed an amicus, or "friend of the court," brief in the lawsuit brought by State Education Commissioner Richard Mills against Schools Chancellor Harold O. Levy and the City Board of Education (BOE). Commissioner Mills has sued Chancellor Levy, arguing that the Board has not complied with a State law requiring that Schools Under Registration Review (SURR schools) be staffed only by certified teachers.

The brief argues that the court should order that children enrolled in SURR schools not staffed by certified teachers be allowed to attend other schools. Children should be offered the choice to attend other public schools, and given a preference for admission, or else provided with a voucher redeemable at private or parochial schools. The number of students allowed this remedy should be sufficient to ensure that the remaining students in the SURR schools are all taught by certified teachers.

"Under the current system, the children stuck in failing schools with uncertified teachers are being shortchanged, "Mayor Giuliani said. "It now is apparent that neither the Board nor the State Education Department will be able to provide sufficient staffing by certified teachers. Therefore, those children will continue to be shortchanged-unless they are provided with a way to escape failing schools. The City is suggesting a remedy that puts children first, rather than leaving them in the middle of a dispute among adults in which they have little stake."

Deputy Mayor for Planning, Education and Cultural Affairs Anthony Coles said, "The primary focus of our school system should be on how well children are educated, and not on who educates them. The City's proposed resolution to this lawsuit puts the focus where it belongs-on learning.

"The Chancellor has made a serious effort, through various incentives and initiatives, to attract certified teachers," Coles continued. "But some children are still stuck in schools that lack certified teachers. The City strongly believes that it's time to offer those children a way out, and a chance at the first-class education they deserve."

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