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Appellate Court Strikes Down CFE Decision

Decision called a temporary setback for New York's public school children

Advocates confident that landmark DeGrasse ruling will ultimately be upheld

New York, NY - June 25, 2002

A state appeals court, in a stunning decision (PDF) issued today, held that students in New York State are entitled to an eighth-grade level education and preparation for low-level jobs. Utilizing that standard, the court struck down the landmark ruling that ruled the New York State's education funding system unconstitutionally denies over a million school children fair educational opportunities. Attorneys for the plaintiffs describe this, however, as a legally flawed decision that will have little bearing on the ultimate decision from the State's highest court.

Today, in a 4-1 vote, the Appellate Division, First Department of the State Supreme Court issued its decision in the State's appeal of Campaign for Fiscal Equity, Inc. v. State of New York, rejecting the trial court's ruling that the current school funding formula is "inequitable and unconstitutional."

The decision was authored by Justice Alfred D. Lerner and was supported by Justices John T. Buckley and Joseph P. Sullivan. A concurring opinion for the majority was written by Justice Peter Tom. The dissenting opinion was filed by Justice David B. Saxe, who chastised the court majority for a decision that logically means the State "has no meaningful obligation to provide any high school education at all."

"We are outraged on behalf of hundreds of thousands of New York State students who struggle in overcrowded classrooms with underpaid teachers and empty libraries," said Michael A. Rebell, CFE's Executive Director and Counsel.

The appeals court ruling today is inconsistent with prior holdings of both the trial court and the Court of Appeals, the state's highest court. In 1995, the Court of Appeals ruled in CFE's favor, declaring that the state Constitution guarantees every child in New York the right to the opportunity for a "sound basic education." And, in the landmark trial court ruling on January 10, 2001, Justice Leland DeGrasse ruled that the current state system of funding schools has consistently failed to meet this constitutional obligation.

Rebell lauded the dissenting opinion by Justice David B. Saxe, who held that "the trial court's fundamental conclusions with regard to the education being provided to "at-risk students" that the trial court can only be reversed by ignoring either much of the evidence or the actual circumstances of the City's school population." Rebell predicted that Judge Saxe's decision will be the one upheld by the Court of Appeals, the State's highest court.

"This decision is a temporary setback for New York's public school children," Rebell said. "We are confident, however, that based on the strong affirmance by the Court of Appeals of students' right to the opportunity for a sound basic education in its prior rulings in this case, as well as on the depth and clarity of Justice DeGrasse's common sense guidelines for reform, and the powerful insights of Justice Saxe's present dissent, the Court of Appeals will ultimately require the State to implement a fair funding system for our children."

CFE also renewed its call on Governor Pataki and the state legislature to begin the process of reforming the existing education funding formula that the Governor himself called "a dinosaur." According to Rebell, "The responsibility for ensuring every student in New York the opportunity for a sound basic education continues to rest firmly on the shoulders of the Governor and the legislature. With or without a court mandate, the State can and should take immediate steps to reform the flawed education finance system."

Although this suit was originally filed on behalf of New York City public school students, the ultimate decision of the Court of Appeals will impact the educational opportunities for every child attending public schools in New York State.