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JULY 2003

Victory in CFE Case Should Bring Vast New Resources for City Schools
by Assemblyman Steven Sanders

The landmark ruling by the New York State Court of Appeals in the Campaign for Fiscal Equity case—in which the Court held that New York State’s school aid formula unconstitutionally denies New York City students a sound, basic education and directed the Legislature to revamp the formula to redress the injustice by July 2004—is a huge victory for New York City students and a ringing defeat for Governor George Pataki.

The Court of Appeals ruling means that the Legislature and the Governor must get to work without delay on revamping the State’s complicated—and now we know unconstitutional—aid formula for New York City and, in my opinion, all high-needs school districts.

When all is said and done, New York City schools will realize hundreds of millions of dollars in additional State aid.

Governor Pataki wasted two precious years appealing the case, years that cost City schools dearly, but worse still, cost countless children at failing schools a quality education that can never be replaced. Those two years are gone forever.

I am proud that since I became chair of the Education Committee we compelled the Governor ultimately to go along and increase the level of State aid to City schools to a dollar level that is finally in proportion with the percentage of students statewide attending New York City public schools. But as the Court of Appeals held last week—unequivocally—this in no way substantiates that New York schools are funded adequately, especially considering our higher costs, greater poverty levels, the high numbers of children in special education and our disproportionate number of students whose first or only language is one other than English.

In her opinion, Justice Kaye rebuked the state for having argued on appeal that all that is required by the State Constitution’s education article is that the state ensure that students achieve an eighth grade education. Instead, said the Court, state aid must be high enough to give our students a real opportunity to acquire the knowledge necessary to meet the state’s own higher learning standards and pass high-stakes Regents examinations required for graduation.

With the fruits of this victory, when the Court’s ordered remedies are in place, New York City’s students—and, I am certain, those in similarly under-funded districts across the state—will benefit from resources that will help pay to attract and retain quality teachers; to reduce more class sizes, in more grades; to provide adequate early intervention services; to have and use modern textbooks and learning materials; and to deliver overall resources ample enough to give each and every one of our students a realistic opportunity to acquire the skills necessary to master the State learning standards, earn a diploma, and move on to productive lives.

As Chairman of the Assembly Education Committee, I am ready to get to work to fulfill the Court’s mandate. Mr. Pataki, are you finally ready?#

You can e-mail Assemblyman Sanders at sanders@assembly.state.ny.us or phone him at (212) 979-9696.

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