Another legal battle is brewing over the appointment of Schools Chancellor Cathie Black.
A coalition of parents and child advocates plan to appeal a lower court's decision that upheld the state's waiver.
The waiver from the state's Department of Education was critical to Black's appointment since she does not have any educational experience.
Parents and advocates say she is in over her head and that someone who cares about educating children should replace her.
"Cathie Black was not qualified to be the Schools Chancellor in November. She was not qualified to be the Schools Chancellor in December. And, she's not qualified to Schools Chancellor right now. And if anything -- her poor performance during her first few weeks in office, have confirmed our initial suspicions about her," said State Assemblyman Hakeem Jeffries.
"Our schools are not failing, and our kids are not failing. The mayor is failing. The DOE is failing. So, what we really want is an educator, not a business person," said Parent Noah Gotbaum.
Three lawsuits challenging the waiver were thrown out in December.
If the appeal is successful it could pave the way for the waiver to be revoked.
If that happens, Black would then have to step down immediately.
A spokesperson for the City Law Department says it has received the paperwork regarding the appeals and is in the process of reviewing them.
However, its spokesperson says the city stands by Chancellor Black and the process by which she was appointed.