In Wake Of Panel's Report, CFE Vows to Continue Push for Statewide Reforms

In a much-anticipated report released on Tuesday, the court-appointed panel of special masters concluded that New York City's public schools need an additional $5.63 billion each year in operating aid to provide their 1.1 million students the basic resources to which they are entitled under the state constitution. Their recommendation almost precisely matches the figure set forth in plaintiffs' AIR/MAP study of the cost of providing the city's public schoolchildren their opportunity for a sound basic education. Recognizing the glaring inadequacies of the city's facilities, the panel also accepted CFE's recommendation of an additional $9.2 billion over a five-year period for the construction of new classrooms, laboratories, gymnasiums, auditoriums, and libraries.

Panel's Key Recommendations
The referees called the court's need to mandate sweeping reforms to the education funding system the "most quintessential of judicial functions -- protecting the constitutional rights of the citizenry" and explained that the right to the opportunity for a sound basic education is already established in the New York State Constitution, was mandated by the state's highest court, and now must be enacted by the policymakers.

As part of their recommendations, the panel proposed that the $5.63 billion be phased-in over a four-year period, so that the city's schools would receive an additional $1.4 billion in the first year (2005-2006), $2.8 billion in the second year (2006-2007), $4.2 billion in the third year (2007-2008), and $5.63 billion in the fourth year (2008-2009). The referees highlighted the State's complete failure "to offer any plan to bring the city's school facilities into compliance," and recommended that it adopt CFE's proposed BRICKS plan for meeting the facilities needs of its students. The panel gave the State no more than 90 days to begin enacting a plan that will finally bring the funding system into constitutional compliance.

Furthermore, the panel recommended that by July 1, 2008, and then every four years, the State undertake a new costing-out analysis to determine the cost of providing all New York City students their opportunity for a sound basic education. Similarly, by July 1, 2009, and every five years, the State should also undertake a facilities study, to be completed substantially in accordance with the methodology used in the BRICKS Plan. The panel rejected the State's calls for an independent office of accountability and recommended enhancements to the current accountability system that include a comprehensive planning process.

The distinguished panel, comprised of John D. Feerick, the Honorable E. Leo Milonas, and the Honorable William C. Thompson, was appointed by Justice Leland DeGrasse on August 3, just days after Governor George Pataki and the legislature failed to meet the Court of Appeals' July 30 deadline for reforming New York's school funding system. The panel was charged with making recommendations to the court about how best to bring the state's invalidated education funding system into constitutional compliance. To this end, the panel held an intensive, two-month long hearing process that brought witness from CFE, the State, and the City of New York to present expert testimony on key issues of costing-out, accountability, and formula reform. The November 30 report is the culmination of this rigorous process.

CFE intends to make a formal motion next week asking Justice DeGrasse to formally adopt the recommendations as an order of the court. CFE will also request that the court impose rigorous sanctions on the State if the recommendations are not enacted into law within 90 days of the date of the court order.

A Statewide Solution
CFE has been long committed to statewide reform, and although the court's jurisdiction is technically limited to New York City, the referees echoed this sentiment. We "strongly support the consensus among the parties and the amici that New York State must re-evaluate and reform its funding formulas so that spending on education in this State is, at a minimum, tied directly to assuring that the opportunity for a sound basic education is provided to all children," the panel wrote.

CFE is determined to ensure that any solution be applied to school districts across the state. In light of the panel's endorsement of the AIR/MAP figure for New York City, CFE proposes that all 517 school districts that the expert research team determined were lacking resources to provide students the education the constitution guarantees them, should finally receive the funding they deserve. The remaining districts, CFE maintains, should be held harmless.

Although the court does not have the legal authority to suggest such reforms for any district but New York City, CFE intends to transform the panel's recommendations and the court order into a statewide reform bill. With broad public support CFE aims to push the legislature to cure the constitutional violation on a statewide basis and provide educational opportunity for all students.

December 1, 2004