NEW YORK CITY— The Mamdani administration sued the City Council Wednesday to block a new law that would give eligible public-school paraprofessionals up to $10,000 in workforce stabilization payments during the 2026-27 school year.
The lawsuit, filed in Manhattan state Supreme Court, argues that the City Council exceeded its authority by setting additional compensation for about 25,000 school paraprofessionals outside the collective bargaining process required by New York's Taylor Law.
The Council passed the measure, known as the RESPECT Check Act, unanimously on July 16.
The law took effect Wednesday without Mayor Zohran Mamdani's signature. Under City law, the mayor has 30 days to sign or veto legislation.
The Mayor, DOE and chancellor are asking the court to:
The administration argues that the payments amount to additional compensation and therefore must be negotiated between the City and the workers' union.
The lawsuit points to the Taylor Law, enacted in 1967, which governs labor relations between public employers and employees across New York.
The law requires public employers and unions to negotiate wages and other employment terms in good faith.
School paraprofessionals are represented by the United Federation of Teachers, Local 2, and their current contract with the DOE expires Nov. 28, 2027, according to the complaint.
The administration states the DOE and City sought to negotiate additional compensation with the UFT, but that the pending legislation made those negotiations impracticable.
"Collective bargaining is how working people make their voices heard and win the wages, benefits and protections they deserve," said Matt Rauschenbach, a spokesperson for the Mayor.
The administration argues that allowing the Council to mandate payments would create a way for public employees and unions to seek compensation through legislation rather than through negotiations and the Taylor Law's dispute-resolution process.
Additionally, the City argues that the Council interfered with powers assigned to the DOE, its chancellor and the Panel for Educational Policy under the Education Law.
The Council's July 10 fiscal impact statement estimated $324.9 million in City expenditures.
The estimate includes $243.7 million in fiscal 2027 for the first three installments and $81.2 million in fiscal 2028 for the fourth installment.
The actual cost could be higher because of administrative and operational expenses, according to Mamdani's administration.
The payments would be prorated based on the number of days an employee remains on the payroll during each payment period.
The law calls for four installments. The first must be paid by Jan. 1, 2027, and the final installment by Aug. 1, 2027.
The law excludes employees whose collective bargaining agreements already provide an increase in total annual compensation equal to or greater than the stabilization payment.
The legislation would remain in effect until the City executes one or more collective bargaining agreements providing an equivalent increase in compensation for all eligible paraprofessionals.
The Council's committee report said the legislation's definition of "school paraprofessional" could create ambiguity about whether other DOE employees, including family workers and school aides, qualify. District Council 37, which represents other City workers, has already taken the position that DOE family workers are entitled to the payments, according to the complaint.
Council Speaker Julie Menin and Council Member Carmen De La Rosa said the Council passed the legislation unanimously because paraprofessionals who work with some of the City's highest-need students deserve higher pay.
"Every member of the Council, in a unanimous and bipartisan vote, supported the RESPECT Check Act," according to their joint statement.
Paraprofessionals earn as little as $32,000 a year and argued that higher compensation could help address staffing shortages, according to Council testimony.
The Council also connected the measure to the City's costs in Carter cases, which involve court-ordered services for students with disabilities.
According to Menin and De La Rosa, staffing shortages contribute to the City's $1.5 billion in Carter case costs.
The Council said it will defend the law in court.
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