New York State United Teachers v. Board of Regents of University of State of New York

OPINION OF THE COURT

Michael C. Lynch, J.

In this combined declaratory judgment action/CPLR article *99278 proceeding, plaintiffs/petitioners (hereinafter petitioners1) challenge certain regulations adopted by the Board of Regents on May 16, 2011 intended to implement the annual professional performance review of classroom teachers and principals pursuant to Education Law § 3012-c.

The parties agree that the enabling legislation was promulgated as part of the State’s initiative to obtain an award under the United States Department of Education (USDE) “Race to the Top” (RTTT) initiative challenging…