Second Circuit nixes teacher-competence test

In a case entitled Gulino v. New York State Education Department, the federal appeals court earlier this month “reinstated a race discrimination suit against the New York State Education Department based on the theory that a test of ‘basic college-level content’ that asks applicants to get just two-thirds of the questions right is racially discriminatory […]

In a case entitled Gulino v. New York State Education Department, the federal appeals court earlier this month “reinstated a race discrimination suit against the New York State Education Department based on the theory that a test of ‘basic college-level content’ that asks applicants to get just two-thirds of the questions right is racially discriminatory because it has a ‘disparate impact’ on African-American and Latino teachers.” Dan McLaughlin at Baseball Crank acknowledges that the court relied on existing Supreme Court precedent, but is still rubbed the wrong way by its assumptions (Aug. 31).

4 Comments

  • It’s all about PC and feeling good about past wrongs.

    Bias is good, disparate impact is good under the correct setting. We want quality teachers. If weeding out the bad ones results in more black and hispanic teachers getting nixed, then so be it. The alternate disparate impact, students of sub-par teachers suffering the life long consequences of a poorer education cannot be tollerated. Keeping poor teachers in the schools diparately in minority schools will only perpetuate blacks and hispanics being on the lower end of the education and economic spectrum.

    Being discriminant (high standards) is not (unfairly) discriminatory.

  • I eagerly await the application of the legal doctrines in this decision to the Bar examination.

  • I can’t wait til people realize that racial bias is SUPPOSED to go both ways.

    Its what’s on the inside that counts…not the color of someone’s skin.

    We teach our society that, so we can learn to look beyond the surface.

    But just as the color of someone’s skin has no bearing on someone’s competence…it should also have no bearing on someone’s INcompetence.

  • As a Latino, it’s nice to see that Do-Gooders assume I’m a moron–for my own benefit, obviously…