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Alongrunning class-action case over
adiscriminatory teachers exam is a
$3 billion fiscal time bomb, sources
and legal filings reveal.
Manhattan Federal Judge Kimba
Wood has approved more than 1,
payouts to black and Latino educa-
tors affected by the biased exam ad-
ministered from the 1990s to 2004.
Wood ruled in 2012 that the Libe-
ral Arts and Sciences Test — a re-
quirement for city teachers — was
discriminatory because it dispropor-
tionately weeded out black and Lat-
ino teachers, and wasn’t an adequate
assessment of their teaching abilities.
As of March 17, nearly 1,200 class
members have received $333 million,
the Law Department confirmed. The
largest individual award so far is
$1.85 million. About 4,500 people are
members of the class, meaning more
than two-thirds have yet to receive
awards.
The special master overseeing the
case, his consultants, experts and at-
torneys’ fees have cost more than
$25 million. Add in payouts to the
remaining class members and pen-
sion costs and the case will likely
balloon to $3 billion, a source said.
The case has the highest financial
stakes for the city of any being han-
dled by the Law Department, the
source said.
The hefty judgments are under
appeal, meaning the city has not yet
started cutting checks. The city
argues that the special master, John
Siffert, used calculations that raised
the price tag of the case to an astrono-
mical amount.
“We’re appealing the judgments
because the methodology used by the
special master is not solidly grounded
in law and results in a windfall to
some claimants. The city believes in
fairness for all its employees, but it
has been burdened with liability in
this case based on a test developed
and mandated by the state. Now we
are facing court judgments that mustbe challenged,” Law Department
spokesman Nick Paolucci said.
Specifically, the special master
assumed that many class members
would have remained teachers for
their entire careers were it not for the
discriminatory exam. The city argues
the special master should have
factored in an attrition rate for educa-
tors. The city also argues that the
special master ignored the fact that
the city did not hire everyone who
passed the exam.
The Liberal Arts and Sciences Test,
introduced in 1993, asked potential
teachers to complete 80 multiple-
choice questions and a short essay.
The exam was one of several hurdles
aspiring educators had to clear.
But the results of the test skewed
heavily in favor of white candidates —
with nearly 90% of white candidates
passing, compared with far lower
numbers of black and Latino teach-
ers. Plaintiffs in the case argued the
test had little to do with their class-
room abilities.
The exam was phased out in 2004,
and replaced with a similar exam,
which was also ruled discriminatory.
Ajudge barred the Education De-
partment from using the exam to
withhold a job offer. A third exam
finally passed legal muster.City’s fail on
teach exam
a $3B lesson
Hefty cost for biased test
BY STEPHEN REX BROWN
AND MICHAEL ELSEN-ROONEY
NEW YORK DAILY NEWSJudge ruled that test disproportionately
weeded out black and Latino teachers, and
wasn’t adequate measure of teaching ability.GETTY