NEW YORK CITY— City Council asked a Manhattan state court on Thursday to dismiss Mayor Zohran Mamdani's lawsuit challenging a law that would provide eligible public-school paraprofessionals with up to $10,000 in payments during the 2026-27 school year.
"For years, New York City has faced a severe shortage of paraprofessionals that has left some of our most vulnerable students without the services they are legally entitled to receive," Speaker Julie Menin said, citing more than 1,000 paraprofessional vacancies.
About 25,000 paraprofessionals provide instructional, behavioral and physical support in New York City public schools, including to students with disabilities.
The Council's filing asks the court either to dismiss the case without ruling on the law's validity or to declare the law valid and enforceable.
Local Law 129 requires the Department of Education to provide eligible paraprofessionals with up to $10,000 during the 2026-27 school year.
The payments will come in four installments and will be prorated based on the number of days an employee remains on the payroll during each payment period.
The payments will not count toward pension benefits.
The first payment must come by Jan. 1, 2027. The remaining payments must come by March 1, June 1 and Aug. 1.
The law expires once all eligible paraprofessionals receive the payments or the City reaches collective bargaining agreements providing an equivalent increase in total annual compensation, whichever comes first.
The Council passed the measure unanimously in July. It became law without a mayoral signature.
The Mamdani administration argues the Council cannot impose additional compensation outside collective bargaining, and filed a lawsuit against the Council on Aug. 19.
The administration relies on the Taylor Law, which requires public employers to negotiate with unions over wages and other terms and conditions of employment.
The union represents its members at the bargaining table, in this case, paraprofessionals. City officials negotiate on behalf of the Department of Education, which employs the paraprofessionals.
If they reach an agreement, the union and the City sign a collective bargaining agreement, or contract, setting the terms for the covered workers.
"Instead of protecting that process, the City Council has passed legislation that undermines collective bargaining and sets a dangerous precedent: allowing politicians to bypass workers and their unions and dictate the terms of employment themselves," Matt Rauschenbach, a spokesperson for the Mayor, told Patch in a statement.
The Council disputes that interpretation. Its court filing argues the Taylor Law does not prevent local governments from passing laws that improve public employees' compensation or working conditions.
The Council also argues Local Law 129 does not establish permanent wages or salaries. Instead, it provides temporary payments intended to address a staffing shortage.
The case will determine whether Local Law 129 can remain in effect while the City and the United Federation of Teachers negotiate over paraprofessional compensation.
The administration has said negotiations with the union are continuing and has called for a permanent solution to paraprofessional pay.
No court ruling has determined whether Local Law 129 violates the Taylor Law.
If the law remains in effect, eligible paraprofessionals could begin receiving payments in January 2027. If the court blocks the law, the payments would not proceed under Local Law 129.
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