Gulino v. Board of Education Litigation
www.gulinolitigation.com

Case Timeline & Certain Court Decisions

November 8, 1996 – The Complaint (Dkt. 1)

Plaintiffs file the complaint underlying this lawsuit in the United States District Court for the Southern District of New York.

September 4, 2003 – Adverse Impact Finding (Dkt. 212)

The Court finds that the LAST has a statistically significant adverse impact against African-American and Latino test-takers.

December 5, 2012 – Liability Ruling (Dkt. 321)

The Court finds that the DOE failed to establish that the LAST was related to the job of teaching as required by federal law. The Court also finds that as a result, the DOE had violated Title VII by requiring plaintiffs to pass the LAST in order to receive a teaching license. The plaintiffs' complaint in this case is not based on a theory of intentional discrimination. Rather, plaintiffs have alleged, and the Court found, that the DOE was liable for making employment decisions based on the state's exam under a "disparate impact" theory of discrimination.

August 29, 2013 – Relief Phase Certification Order (Dkt. 386)

The Court certifies a class of plaintiffs who can seek individualized monetary and injunctive relief as a result of the DOE’s Title VII violation.

May 20, 2014 – Order Appointing Special Master John Siffert (Dkt. 435)

The Court issues an order appointing John Siffert as Special Master overseeing the relief phase of the case.

June 18, 2014 – Amendment to the Class Definition (Dkt. 447)

The Court amends the class definition so that it includes African-American and Latino individuals employed as New York City public school teachers on or after June 29, 1995, who failed the Liberal Arts and Sciences Test ("LAST") given on or before February 13, 2004, and as a result either lost or were denied a permanent teaching appointment.

November 24, 2014, amended March 31, 2015 – Injunction Regarding Claimants Who Took the LAST on or before February 13, 2004 and have satisfied all other New York State certification requirements (Dkt. 530 & Dkt. 576)

The Court enters an injunction: (1) prohibiting the DOE from making any employment decisions based upon the LAST administered on or before February 13, 2004 and (2) providing claimants, who have satisfied certain enumerated requirements for a provisional certificate other than passing the LAST, with the opportunity to become provisionally certified for the limited purpose of seeking employment with the DOE (the “LAST-1 Injunction”). Class members interested in becoming certified pursuant to this injunction must speak with Rachel Stevens at 212-335-4552 or rachel.stevens@dlapiper.com prior to June 2, 2019. After June 2, 2019, it may be too late to become certified through the injunction.

June 5, 2015 – Liability Ruling Regarding LAST that was Administered after February 13, 2004 (“LAST-2”) (Dkt. 608)

The Court finds that the LAST exam administered after February 13, 2004 was also invalid and that the DOE violated Title VII by requiring claimants to pass LAST-2 to receive a permanent teaching license.

August 6, 2015 – Liability Ruling Regarding Academic Literacy Skills Test (“ALST”)

The Court finds that the DOE did not violate Title VII by complying with the New York State Education Department’s (“SED”) requirement that teachers pass the ALST before they are eligible for a permanent teaching license.

September 21, 2015 – Class Membership Ruling Regarding Paraprofessionals (Dkt. 674)

The Court rules that claimants who were employed only as paraprofessionals by the DOE are not members of the class. The Court also holds that the following categories of claimants, which the DOE had challenged, should not be excluded from the class at this stage: (1) claimants who were not employed by the DOE at the time they failed the LAST; (2) claimants who were employed only as per diem substitute teachers; and (3) claimants who failed the LAST only before June 29, 1995. Final decisions concerning class membership for these claimants may be finally determined at individual hearings.

Additionally, the Court denies DOE’s motion to reduce monetary damages on a class-wide basis and holds that any disputes concerning hiring decisions, attrition, and an individual’s failure to secure a permanent teaching position with the DOE will be resolved during individual hearings.

December 28, 2015 – Injunction Regarding Claimants Who Took LAST-2 and have satisfied all other New York State certification requirements (Dkt. 707)

The Court enters an injunction: (1) prohibiting the DOE from making any employment decisions based upon the LAST administered on or after February 14, 2004; and (2) providing individuals, who have satisfied certain enumerated requirements for a provisional certificate other than passing the LAST-2, with the opportunity to become provisionally certified for the limited purpose of seeking employment with the DOE (the “LAST-2 Injunction”). This injunction expires on December 28, 2020. For more information about how to be deemed certified pursuant to this injunction please contact Shauneida Navarrete at snavarrete@stroock.com.

January 22, 2016 – Motion to Amend Class Definition to Include Paraprofessionals and Claimants Who Failed LAST-2

Plaintiffs file a motion to amend the class definition to include: (1) paraprofessionals, who have failed the LAST, and (2) all African American and Latino individuals, who were employed as school teachers and paraprofessionals by the DOE, failed any administration of the LAST (including the LAST-2), and either lost or were denied a permanent DOE teaching position.

February 27, 2016 – Motion to Modify Existing Injunctions to Grant Eligible Claimants Statewide Certification

Plaintiffs file a motion to modify the Court’s existing injunctions, which currently allow eligible claimants to become provisionally “deemed certified” for the limited purpose of seeking employment with the DOE. In their motion, Plaintiffs ask the Court to require the SED to grant these eligible class members New York State Provisional Certificates, instead of one that is limited to employment with the DOE.

July 15, 2016 – Notice of Withdrawal of Interim Report and Recommendation (Dkt. 790)

The Special Master requests that the Court not rule on Plaintiffs’ motion to amend to include paraprofessionals in the class based on new-found evidence. The Special Master issues a report and recommendation, however, that the Court expand the class to include all African American and Latino individuals, who were employed as teachers by the DOE, who failed any administration of the LAST (including the LAST administered after February 13, 2004, and either lost or were denied a permanent DOE teaching position.

October 6, 2016 – Individual Hearings begin

Plaintiffs’ counsel submits the first set of damages demands for ten class members, commencing the individual hearings portion of the Gulino case. The damages demands seek backpay and LAST fees damages for each class member. Individual hearings will continue until the demands of all eligible class members have been submitted. Every two weeks Plaintiffs’ counsel submits damages demands for twenty-five class members.

October 7, 2016 – Motion to Amend Class Definition to Include Claimants Who Failed the LAST-2 (Dkt. 826)

The Court grants Plaintiffs’ motion to amend the class definition to:

All African-American and Latino individuals employed as New York City public school teachers by Defendant on or after June 29, 1995, who failed to achieve a qualifying score on any administration of the LAST, and as a result either lost or were denied a permanent teaching appointment.

December 8, 2016 – Individual Hearings continue

Plaintiffs’ counsel submits the fifth batch of damages demands, which include exhibits and affidavits for certain demands. As of December 8, Plaintiffs’ counsel has submitted fifty damages demands since individual hearings began.

December 14, 2016 – Court denies Plaintiffs’ Motion to Modify Existing Injunctions

The Court denies Plaintiffs’ motion to modify the injunctions to grant eligible claimants statewide certification and holds that the certifications obtained through this case will remain limited to employment with the DOE only.

November 30, 2018 – Court extends LAST-1 Injunction deadline

The parties agree, and the Court orders, that the LAST-1 Injunction to be extended to June 2, 2019. Class members whose transcripts have been sent to the Court-ordered evaluator for review will have until March 1, 2020 to demonstrate their satisfaction of the Court’s requirements for certification. (Dkt. 1003)

December 14 and 17, 2018 – Court enters Classwide Documents

The Court enters the parties stipulated classwide documents including: Classwide Conclusions of Law; the Stipulation of Classwide Facts and Procedures; the Stipulation Concerning the Admissibility of Exhibits; and the Pension Stipulation & Order. Teachers’ Retirement System, Board of Education Retirement System, and New York City Employees’ Retirement System also agreed to the Pension Stipulation & Order, which states these retirement systems will update their respective data to include new service and salary information for class members once ordered by the Court. (Dkt. 1009, 1010, 1012, 1013, 1014)

January 24, 2019 – Individual Hearings continue

Plaintiffs’ counsel submits the fifty-third batch of damages demands, which include exhibits and affidavits for certain demands. As of January 24, Plaintiffs’ counsel has submitted over 650 damages demands since individual hearings began.

February 28, 2019 – Special Master enters Report and Recommendations for first set of Class Members

The Special Master submits thirty-three reports and recommendations for individual class members, recommending the Court order the class members receive backpay, LAST fees, and other monetary damages. The reports and recommendations also recommends that the Court order certain injunctive relief for individual class members including pension credits and salary step adjustment. The Special Master continues to submit reports and recommendations for batches of class members on a bi-weekly basis.

March 13, 2019 – Court enters first set of Final Judgments

The Court orders, for the first time, that individual class members are entitled backpay, LAST fees, and other monetary damages from the BOE. The Court also orders that certain individual class members are entitled to injunctive relief, including pension credits and salary step adjustment. The Court continues to enter approximately fifteen new final judgments each week going forward.

April 11, 2019 – BOE appeals first set of judgments

The BOE appeals the first set of Court-order monetary judgments. Within 30 days after the entry of judgments, the BOE will continue to appeal the judgment entered by the Court.

June 2, 2019 – LAST-1 Injunction Deadline for Certain Class Members

The LAST-1 Injunction closed to class members who first failed the LAST prior to February 14, 2004 and have not had their transcripts evaluated by the Court-ordered evaluator. Class members whose transcripts have been sent to the Court-ordered evaluator for review before June 2, 2019 will have until March 1, 2020 to demonstrate their satisfaction of the remaining requirements for certification. (Dkt. 1003)

October 17, 2019 – Individual Hearings continue

Plaintiffs’ counsel submits the seventy-first batch of damages demands, which include exhibits and affidavits for certain demands. As of October 17, Plaintiffs’ counsel has submitted over 1,000 damages demands since individual hearings began.

November 8, 2019 BOE Files Appellate Brief

The BOE files its brief to the United States Second Circuit Court of Appeals appealing the judgments for the first 347 individual class members. Plaintiffs’ opposition to the BOE’s brief is due to the Second Circuit Court on April 10, 2020. (In re: New York City Board of Education Appeals)

January 15, 2020 – Court enters 1,000th Final Judgment

The Court orders the 1,000th judgment for backpay, LAST fees, and/or other monetary damages from the BOE. The Court will continue to enter final judgments each week going forward.



Update as of February 19, 2020