Westchester Journal News

School aid system OK'd on appeal

By DAVID MCKAY WILSON
THE JOURNAL NEWS
(Original publication: June 26, 2002)

A state appeals panel yesterday overturned a lower court ruling that had invalidated the state's school finance system. The appeals court ruled that the current funding method provides sufficient opportunity for New York City students to obtain a "sound, basic education."

In a 4-1 ruling, the Appellate Division of state Supreme Court in Manhattan found that the minimum level of education guaranteed by the state Constitution is nothing more than what is taught in the eighth grade. The court found that the funding system could not be blamed for New York City's high dropout rate or high failure rate on statewide standardized tests.

"The proper standard is that the state must offer all children the opportunity of a sound basic education, not ensure that they actually receive it," the ruling said. "Thus, the mere fact that some students do not achieve a sound basic education does not necessarily mean that the state has defaulted on its obligation."

The decision was the latest round in a court case filed in 1993 by the Campaign for Fiscal Equity, a coalition of public school advocates. The coalition argued that inadequate funding for New York City schools caused the city's high dropout rate and poor performance on statewide tests.

The coalition said the state shortchanged the city because the city had 37 percent of the state's public school students but received just 34 percent of state education aid.

The decision yesterday reversed a January 2001 ruling by state Supreme Court Justice Leland DeGrasse, who called on the state Legislature to revamp the funding system. Advocates estimated that DeGrasse's ruling could have raised New York City's school aid by at least $1 billion.

Although the case involved New York City, it had statewide ramifications because DeGrasse asked that the entire system be revised. During the appeals process, the funding system remained intact, with state legislators this year raising state aid by $420 million and making minor reforms in the arcane state-aid formula.

Michael Rebell, executive director of the Campaign for Fiscal Equity, yesterday vowed to appeal the case to the state's highest court, the Court of Appeals.

"We are outraged on behalf of thousands of New York state students who struggle in overcrowded classrooms with underpaid teachers and empty libraries," Rebell said.

Rebell noted that a dissenting opinion by Justice David Saxe backed the CFE's argument. Saxe found that the funding system needed to be changed because it didn't take into consideration the large numbers of "at-risk" students in New York City who needed extra help, better facilities and better-trained teachers.

The decision was lauded by Gov. George Pataki, who pushed the appeal. He said that since the case was filed, the Legislature has raised state aid, and after this year's increase, made New York City's share greater than its percentage of statewide enrollments. He called on the Legislature to enact a wide range reforms that it has resisted.

Assemblyman Richard Brodsky, D-Greenburgh, said that while he was sympathetic to the CFE's case, focusing on New York City funding had created a regional conflict among officials who feared that resolution of the case could have hurt wealthy districts.

New York City Mayor Michael Bloomberg said he was pleased that the CFE would appeal the ruling. "The ruling impedes the city's efforts to obtain its fair share of resources from the state so that we can provide our children with a sound and basic education," Bloomberg said.

At issue in the case was what exactly constitutes the "sound, basic education" promised by New York state's Constitution. In an earlier ruling, the Court of Appeals found that it consists of basic literacy, mathematical and verbal skills necessary to function as "civic participants capable of voting and serving on a jury."

DeGrasse determined that such participation requires high-level thinking and analytical skills learned in high school courses.

But the appeals panel ruled that DeGrasse had gone far beyond the minimum set by the Constitution, and found that an eighth-grade education is sufficient to serve on a jury and vote. In addition, the panel found no causal relationship between student performance and funding.

The decision noted that significant amounts of money could be redirected toward at-risk students with better administration.

"It is indicative of the fact that more spending on education is not necessarily the answer, and suggests that the cure lies in eliminating the socioeconomic conditions facing the students," the court said.

Send e-mail to David McKay Wilson