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Legal Challenge to Tenure Clears Hurdle, Union Vows to Fight Back

The decision was hailed by the plaintiffs and by television journalist-turned education activist Campbell Brown, who has supported the legal challenge. “This ruling is a major victory for New Yorkers, especially for parents and students,” Brown said in a statement.

The suit, Davids v. New York, asserts that New York’s teacher tenure review process is too short and should be lengthened from three years to five years; that the system of organizing teacher layoffs but the principle of “last in, first out” should be abandoned; and that the dismissal process for weak teachers should be streamlined. The workplace protections given to teachers, the plaintiffs contend, shield incompetent teachers from being fired and degrade the quality of education to many of the state’s students.