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The plaintiff class in this case is comprised of African American and Latino educators in the New York City public school system (“plaintiffs”) who have either lost their teaching licenses or have been prevented from obtaining a full teaching license because of the requirement that they achieve a satisfactory score on one of the challenged tests, the National Teacher Core Battery Exam (the “Core Battery”) or the Liberal Arts and Sciences Test of the New York State Teacher Certification Examination (“LAST”), the successor to the Core Battery. The tests were developed and administered by defendant New York State Education Department (“SED”).

Plaintiffs alleged that the use of the tests as a requirement for obtaining permanent teaching certificates has an impermissible disparate impact on African-American and Latino teachers in New York City public schools, in violation of Title VII of the Civil Rights Act of 1964, §701 et seq., as amended, 42 U.S.C. §2000e et seq. Plaintiffs also alleged that white test-takers passed both tests at a rate that is statistically significantly higher than the rates for African Americans and Latinos. Plaintiffs further alleged that the tests in question were misused and do not measure whether the test-takers are qualified to be teachers. Many of the plaintiffs have remained employed as teachers with defendant New York City Board of Education (“BOE” or “the Board”), some in the same classrooms teaching the same subjects. They have asserted, however, that they have suffered harm in that they have had their salaries reduced and have been denied employment opportunities, rights and benefits.

 
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