New York City cannot close 24 underperforming schools and reopen 24 "new" schools in the same locations in order to get rid of unwanted teachers, a unanimous state appeals panel ruled on May 16. The ruling upheld an August 2012 decision by Manhattan Supreme Court Justice Joan Lobis (See Profile), who had confirmed an arbitrator’s award against the city’s Board of Education and in favor of the teachers’ unions.

The dispute began when the city asked for approval and funding from the state Education Department for its school closing and reopening plan. The agency granted preliminary approval. The unions challenged the plan, claiming it was designed to circumvent procedures established by their collective bargaining agreements for removing unsatisfactory teachers.