Natalie Gomez Velez‘s article was published in the CUNY Law Review. Matter of DeVera v. Elia, a recent decision by New York State’s highest court, dealt a blow to New York City and State efforts to require a powerful charter entity to abide by the UPK law’s quality standards when providing pre-kindergarten services by contract. This article argues that the outcome in Matter of DeVera calls for clarifying the court’s statutory interpretation canons and recommitting to what former Chief Judge Judith Kaye called “common-sense and substantial justice” to achieve the legislature’s purpose consistent with important public values. It also calls for a renewed commitment to public law norms, including accountability for quality standards in public education applied equally to public and private providers, where relevant statutes require harmonization to achieve complex legislative and public policy goals.
November 19, 2020 | News>Faculty News|Faculty Work|Faculty Media>Natalie Gomez-Velez