Robert Jackson Marches CFE Case to Court of Appeals

Oral Arguments Heard in Albany by State's Highest Court

May 8 - The historic 8-day, 150-mile march from New York City to Albany by CFE Founder Robert Jackson, Rochester parent and Alliance for Quality Education leader Maria Behncke, and New York City schools advocate Marion Bott ended today with the rousing cheers of supporters at the steps of the Court of Appeals.

During the final 5-mile stretch of the walk, which began in Glenmont, over 20 supporters and staff joined the three stalwart walkers in delivering the message to the judges of the State's highest court: "Eighth grade is not enough! Fair funding now!" Marchers today included Assemblyman Roger Green of Brooklyn, who walked several days of the march and Richard McCoy, staffer for Queens Assemblywoman Michele Titus, who walked for five of the eight days. Bronx Borough President Adolfo Carrion joined marchers for the final mile and Assembly Education Committee Chair Steven Sanders and other advocates and public officials were present to show their support at the culminating rally in Academy Park.

"We walked the walk and now CFE's lawyers are going to go into the courthouse and talk the talk," Jackson said to the cheering crowd of supporters.

And, by any measure, CFE's attorneys did talk the talk: CFE Executive Director and Counsel Michael A. Rebell, joined by co-counsel Joseph Wayland of Simpson Thacher & Bartlett, made compelling arguments before the six judges that last year's Appellate Division ruling that New York's students are only entitled to an 8th-grade education must be overturned and that the Court must issue a strong declaration that all students are entitled to the opportunity for at least a high school education.

The Court took this case quite seriously. They set aside two hours for the oral argument--double the normal maximum time--and then continued questioning CFE's lawyers even beyond that allotted time. Several of the judges indicated skepticism about the eighth-grade standard, and much of the questioning focused on CFE's proposal that the Court specifically include the opportunity for an adequate high-school education in the constitutional standard and other alternative formulations.

When asked, counsel for the State, Deputy Solicitor General Daniel Smirlock seemed to back off defending the eighth-grade standard. He said that "a particular grade in school is an empty vessel" and that "[t]he standard should be defined as basic competence . . .
[t]he skills to occupy a job and not be a burden on the public . . ."

Most of the judges' questions focused on crafting a workable remedy in the CFE case. Mr. Rebell was peppered with questions about what remedies have worked in other staes and how a remedy should be crafted to properly reflect the separation of powers between the Courts, the Legislature, and the Executive Branch.

Although a final decision in the case could come later, CFE anticipates a final decision from the Court by late June of this year.