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[0:00] ..." Joining us on WBZ is attorney Tyler fox of Cambridge who is announcing the filing of a class action lawsuit. Here to tell us who it's against and why it's being filed."...
[0:31] ..." This well this class action lawsuit is against the Commonwealth of Massachusetts. The Boston public school system. And a company called or used to be called national evaluation system is now owned by the Pearson publishing. And they're based in Amherst Massachusetts. The lawsuit asks for damages and injunctive relief and damages or on behalf of hundreds of teachers who. Have in the past either taught successfully in the Boston Public Schools or completed there. Undergraduate education and and who has failed the Massachusetts. Teacher educator -- insurer exam one or more time."...
[1:25] ..." statistics. That had been released even by the account but the Massachusetts Department of Education for one testing year 2005 to 2006. Not that the -- African Americans. Teacher elections are candidates and people who may have master's degrees positive recommendation to have even taught the Boston Public Schools before. Failed at a rate 35% higher. Then -- test takers and the the failure rate for non native English speakers was even higher than net. So my point is for all this"...
[3:16] ..." that similar can't they haven't put 110 against the other effect. Department of education and and in net. Pierce and does not release the actual test like can't even W right now I can't put 110"...
[4:51] ..." significant disparate impact which I can easily prove. It's up to the Commonwealth of Massachusetts in the Boston Public Schools. And and net. The piercing group to prove -- test is --"...
[8:17] ..." Attorney Tyler fox of Cambridge thank you for your time we appreciate your perfect or."...
[0:00]" Joining us on WBZ is attorney Tyler fox of Cambridge who is announcing the filing of a class action lawsuit. Here to tell us who it's against and why it's being filed. Attorney Tyler fox thanks for being on WBZ."
[0:14]" You're welcome -- effective."
[0:15]" Having -- first off houses already been filed."
[0:19]" Yes it was filed yesterday. 2 o'clock in the afternoon that federal court bought and."
[0:25]" Okay great. Tell us what this class action lawsuit is and what does it allege and who was it against."
[0:31]" This well this class action lawsuit is against the Commonwealth of Massachusetts. The Boston public school system. And a company called or used to be called national evaluation system is now owned by the Pearson publishing. And they're based in Amherst Massachusetts. The lawsuit asks for damages and injunctive relief and damages or on behalf of hundreds of teachers who. Have in the past either taught successfully in the Boston Public Schools or completed there. Undergraduate education and and who has failed the Massachusetts. Teacher educator -- insurer exam one or more time."
[1:18]" OK so why should we be supporting folks teachers who failed an exam."
[1:24]" Well if you look at the statistics. That had been released even by the account but the Massachusetts Department of Education for one testing year 2005 to 2006. Not that the -- African Americans. Teacher elections are candidates and people who may have master's degrees positive recommendation to have even taught the Boston Public Schools before. Failed at a rate 35% higher. Then -- test takers and the the failure rate for non native English speakers was even higher than net. So my point is for all this is wrong legally it's discrimination under title seven of the 1964 Civil Rights Act which really bans discrimination needed that's not intentional that has to disparate impact upon a group. And also it it's wrong ethically it's wrong morally. We don't have that nearly a big -- a pool of teachers and classrooms teach students who were dropping now we don't have a we don't have. In some cases good role models for teachers. -- for students. And we don't have the teachers themselves to. Or passionate about teaching and qualified to teach who were not be allowed to teach. And it's something that's been going on for at least ten years in Massachusetts since teacher testing started here and the company that Massachusetts chose is the companies that. Has developed had -- and thrown out in other states including Alabama. And parts of -- it change lowered."
[3:04]" While it's it's thrown out an Alabama."
[3:06]" It would turn out Alabama any similar lawsuit brought under title seven. Some years ago. Not -- exactly test but it. That -- that similar can't they haven't put 110 against the other effect. Department of education and and in net. Pierce and does not release the actual test like can't even W right now I can't put 110 by another but the actual test is. I'm sorry that's was thrown out in Alabama. The judge said that not only was it has not valid but I want to quote it exactly but I can't but words the effect of that the test to -- development with quote unquote unprofessional."
[3:52]" Continued us an example of a what you mean and how was it not valid."
[3:56]" Well it's not valid because the test is not to use. Words -- common these days -- not vetted properly that the test questions are not. Developed by the appropriate experts they're not studied for Bahia. Properly. There. That there. The things like that cut off school words. Which is similar to occur. -- that arbitrarily."
[4:28]" You had a couple of other thoughts I can keep from the EU wanted to EUN quiet there you have a couple of other ideas you want to. And."
[4:36]" Well that it about the lack of validity if it is clear and and and to be honest review I don't even have to prove lack of validity. If I prove I do this under the title seven's that doctrine. That there is to disparate significant disparate impact which I can easily prove. It's up to the Commonwealth of Massachusetts in the Boston Public Schools. And and net. The piercing group to prove -- test is --"
[5:07]" artists would be on them."
[5:09]" The oldest is sort of legally the burden. Once I prove that this disparate impact. Which again if I can easily prove. The burden is on. The defendant to show that there cast his ballot."
[5:22]" And the disparate impact is evident in the fact that there isn't a disparity a huge difference between the scores. Are among the scores of whites and minorities."
[5:32]" And and also between nine native English speakers and native English speaker."
[5:39]" OK and title of title seven. Is from what the 1964 Civil Rights Act."
[5:45]" Right it's the same it's the same. As he -- came. Law that. Recently has been involved in the case in the Supreme Court involving firefighters. There's a case that Governor Patrick has unfortunately decided to. Appeal from what I read in the newspapers. Involving firefighters and police in Massachusetts. It was a case the Bradley case in -- and a couple of years ago where the court that he the same federal district court in Boston determined that the test for firefighters was not a valid test. So. You know we're talking about that campaign. That came. Law that used to be used for steel workers and firefighters and police and now -- attempting to use -- on behalf of teachers who were otherwise qualified to teach and really ended the most important thing is you were talking about Boston here one of my clients. Went in my local been named plaintiffs in class action suit. Was one of the original. Or Barbara -- she was which was terribly Trout was money the original name plaintiffs' request purpose additives in the Boston desegregation case. Years ago judge Garrity case. And frankly. -- big things haven't change since there but these issues of had been swept under the rug had been ignored does a lot of attention rightly so paid to the -- then the what went that there are right or wrong in -- administered properly. Governor Patrick to some extent inherited. This problem from previous administrations that really ignored it but this is a problem that has to be looked that. Have to be looked now the biggest problem of one of the biggest problems is that our children particularly in the inner city schools. Are not getting a proper education their dropping out of school. And here we are saying. That. We're going to exclude. This into -- your pool a teacher's. And frankly the only reason that there be excluded. Is because they failed the test and the evidence showed clearly that is a strong connection between giving the test and being either African American current nine. Native eight but English speaker. So it's only logical. It's only logical. And it's only right to trying to change that."
[8:17]" Attorney Tyler fox of Cambridge thank you for your time we appreciate your perfect or."
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