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The union is suing the state Board of Regents and the education commissioner over the plan which places more weight on students' standardized test scores.

It is the first time in almost 40 years that the union has sued the board.

At issue is the evaluation framework, which was developed collaboratively by the union and state Education Department and passed into law in May 2010.

Last month, Governor Andrew Cuomo suggested that the Board of Regents could interpret the law to allow up to 40 percent of a teacher's evaluation be based on test scores. The union, however, says it was supposed to be just 20 percent.

The Board of Regents went with the 40-percent cap when they adopted the system.

In a statement, State Teachers Union President Richard C. Iannuzzi said, "The Regents chose politics over sound educational policy in adopting regulations that will surely lead to more ‘teaching to the test,’ the Regents and State Education Department ignored the very law they helped negotiate."

A state supreme court justice signed an order late last night saying the state must prove why the challenged regulations should not be suspended while the litigation is ongoing.

A spokesperson for the Department of Education says the group is confident its version of the evaluation system will stand up in court.