Attorneys Norman Siegel and Herbert Teitelbaum filed the second lawsuit challenging the waiver that will allow Cathie Black to become NYC schools chancellor, basically arguing that state Education Commissioner David Steiner was “arbitrary and capricious” in his Nov. 29 decision.

In a brief interview just now, Siegel said he filed on behalf of a group of public school parents that includes Assemblyman Hakeem Jeffries, an outspoken Black critic who threatened to sue in hopes of blocking her from succeeding outgoing Chancellor Joel Klein, and Democratic State Committeeman Chris Owens.

“This case is about the rule of law and the accountability of government officials,” Siegel said. “We specifically argue that Steiner, in reaching his decicion, misinterpreted the law in the granting of the waiver.”

Siegel notes the law specifically speaks to the qualifications of the chancellor applicant, but saying nothing about his or her deputies.

The tapping of an educator to serve as Black’s No. 2. was Steiner’s requirement prior to granting her a waiver and his way of addressing the fact that while she has ample management experience in the publishing world, she has no background in teaching.

The suit also echoes a claim made in an Article 78 proceeding filed by Park Slope parent Eric Snyder – the first legal challenge to Black’s appointment. Snyder noted the law does not allow the commissioner to waive the requirement that the chancellor has a masters degree.

Siegel said he and Teitelbaum (yes, the former Public Integrity Commission executive director) filed in Albany because they were required by law to do so. The attorney general must respond by Dec. 20. Siegel and Teitelbaum will then have two days to reply. There will be a hearing at 9:30 a.m. on Dec. 23.

The memorandum of law is here. The suit itself appears below.

Black – Petition

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