Education Funding

Judge Orders Billions for Schools in N.Y.C.

By David J. Hoff — February 23, 2005 4 min read
  • Save to favorites
  • Print

A New York judge has given state policymakers until May to craft a plan to add $5.63 billion to the New York City school budget and produce a $9.2 billion capital plan to fix the city’s school buildings.

The order set off what plaintiffs call “one last-ditch” effort to settle a 12-year-old school finance lawsuit, Campaign for Fiscal Equity v. State of New York. The case remains unresolved almost two years after the state’s highest court ruled that the state inadequately funds the nation’s largest school district.

The Campaign for Fiscal Equity will “make sure that every effort is made to get compliance and not have any more appeals,” said Michael A. Rebell, the executive director of the New York City-based group that sued the state on behalf the city’s schoolchildren.

But while Gov. George E. Pataki plans to negotiate with the CFE and legislators over the order, he also said through a spokesman that he plans to appeal the order.

The governor “continues to believe that we need a statewide solution and that these decisions should be made by elected representatives of the people, not the courts, and therefore an appeal will be filed,” Kevin Quinn, a spokesman for the Republican governor, said in a statement.

Reaching a solution before the court-imposed deadline appears unlikely, according to one education advocate.

State leaders already have a lot on their plate, such as finding ways to finance skyrocketing Medicaid and health-insurance costs and draw up a long-term capital plan for the New York City-area transit system, said Robert N. Lowry, the deputy director of the New York State Council of School Superintendents.

“I can’t see the governor and the legislature reaching an agreement on [school funding] in 90 days,” Mr. Lowry said. “I fear that they are apt to say … this is not an issue for this year.”

Mr. Quinn said that the governor’s decision to appeal last week’s ruling should not discourage negotiations. The state and the plaintiffs could “reach a consensus on an agreement” while the appeal is being considered, he said in an interview.

Last year, Gov. Pataki and the legislature failed to respond to a 2003 order from the New York Court of Appeals—the state’s highest court—to ensure that New York City had enough money to provide its 1.1 million students a “sound, basic education.”

Missed Deadlines

That led to last week’s order from New York Supreme Court Justice Leland DeGrasse, the trial-court judge in Manhattan who is overseeing the case.

On Feb. 14, Justice DeGrasse endorsed the recommendations of three distinguished jurists he had assigned to advise him on a solution. That panel suggested that the state should make sure that the city receives a $5.63 billion increase over its current annual operating budget, which is $12.6 billion to be phased in over four years. That represents about a 44 percent increase over its operating budget of state, local, and federal funds.

The panel also endorsed the CFE’s proposal for a $9.2 billion capital program to improve school facilities throughout the city. (“N.Y.C. Schools Require Billions, Judge Told,” Dec. 8, 2004.)

Justice DeGrasse, however, did not say he would fine the state for failing to comply with the Court of Appeals deadline last year—a penalty that CFE lawyers had requested. But he did hint that he would fine the state if it failed to comply with the order, CFE lawyers said in a conference call with reporters.

“He’s bending over backward to give the legislature another opportunity,” Mr. Rebell said.

Joseph Wayland, an outside counsel for the CFE, said: “Now that he has an order in place saying ‘x, y, and z,’ if they don’t do ‘x, y, and, z,’ they’ll be held in contempt.”

Such fines may be moot, though, if the state files an appeal. Under New York law, court orders are not enforced while they’re pending an appeal.

Possible Delays

But Mr. Rebell said he plans to argue that the state shouldn’t be protected by such a rule because it has failed for almost two years to fix constitutional problems already found by the state’s highest court.

“There are good arguments why the motion to lift the stay will be successful,” said Mr. Rebell, who has strung together a long list of court victories in the case. (“Winning Ways,” Jan. 5, 2005.)

The CFE lawsuit is directed only at the New York City schools, but the group, Gov. Pataki, and most legislators are committed to finding a solution that will aid every district in the state.

“We remain completely focused on reaching a statewide solution that will benefit children in New York City and every corner of the state,” Mr. Quinn, the governor’s spokesman, said in his statement.

Mr. Rebell said his group would lobby for a plan that would provide an additional $3 billion a year for districts outside New York City. Like the New York City aid, the money would be phased in over four years.

Related Tags:

A version of this article appeared in the February 23, 2005 edition of Education Week as Judge Orders Billions for Schools in N.Y.C.

Events

School & District Management Webinar Crafting Outcomes-Based Contracts That Work for Everyone
Discover the power of outcomes-based contracts and how they can drive student achievement.
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School & District Management Webinar
Harnessing AI to Address Chronic Absenteeism in Schools
Learn how AI can help your district improve student attendance and boost academic outcomes.
Content provided by Panorama Education
School & District Management Webinar EdMarketer Quick Hit: What’s Trending among K-12 Leaders?
What issues are keeping K-12 leaders up at night? Join us for EdMarketer Quick Hit: What’s Trending among K-12 Leaders?

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Education Funding Whitepaper
They Don’t Know What They Don’t Know
A new study suggests that policymakers have limited knowledge about the impact of teacher pension expenses on school district budgets...
Content provided by Equable
Education Funding Billions of Dollars for School Buildings Are on the Ballot This November
Several large districts and the state of California hope to capitalize on interest in the presidential election to pass big bonds.
6 min read
Pink Piggy Bank with a vote sticker on the back and a blurred Capitol building in the distance.
iStock/Getty
Education Funding Gun Violence Takes a Toll. We Need More Support, Principals Tell Congress
At a congressional roundtable, school leaders made an emotional appeal for more funds to help schools recover from gun violence.
5 min read
Principals from the Principals Recovery Network address lawmakers on the long-term effects of gun violence on Sept. 23, 2024, in Washington, D.C.
Principals address Democratic members of Congress on the long-term effects of gun violence on Sept. 23, 2024, in Washington, D.C.
Courtesy of Oversight Committee Democrats Press Office
Education Funding ESSER Is Ending. Which Investments Accomplished the Most?
Districts have until Sept. 30 to commit their last round of federal COVID aid to particular expenses.
11 min read
Illustration of falling or declining money with a frustrated man in a suit standing on the edge of a cliff the shape of an arrow dollar sign.
DigitalVision Vectors