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Frequently Asked Questions (FAQs)
The
CFE Decision: What did the Court Decide and What Does it Mean
for You and Your Community?
Q:
What
did the court decide in the CFE litigation?
A: The
CFE litigation was going on for more than ten years (1993-2003)
and has involved a number of rulings.
In June 1995, the New York State Court of Appeals, the state's
highest court, gave CFE the green light to pursue a constitutional
challenge to the state's education finance system on the grounds
that it denies thousands of students, both in New York City
and across the state, the opportunity to a "sound basic
education."
On
January 10, 2001, the trial court ruled in favor of CFE, declaring
that: "New York State has over the course of many years
consistently violated the State Constitution by failing to provide
the opportunity for a sound basic education to New York City
public school students."
The State of New York appealed, and on June 25, 2002, an Appellate
Court reversed the trial court's findings. Students in New York
State, it argued, are only entitled to an eighth grade level
of education and preparation for low-level jobs.
CFE
appealed to the state's highest court, and on June 26, 2003,
the Court of Appeals, sided with CFE, ordering the state to
reform the funding system to ensure that schools have the resources
to provide the opportunity for a sound basic education, which
the court defined as a "meaningful high school education."
To remedy the constitutional violation, the Court of Appeals
ordered the state to ascertain the actual cost of providing
a sound basic education, ensure that every school has the
resources necessary for providing that opportunity to every
child, and put into place a system of accountability to ensure
the reforms actually provide the opportunity for a sound basic
education.
The court gave the state until July 30, 2004 to
implement necessary reforms. However, the state did not reform its school funding system by its deadline. As a result, a special panel appointed by the Court of Appeals made recommendations for resolving funding inequities created by the current school funding formula. On Feb. 14, 2005, the Court agreed with the panel's recommendations and ruled that New York City schools need nearly $15 billion to provide their students with a sound basic education. The State still has not complied with the court's decision.
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Q:
How
will the CFE decision affect my child's school?
Will my special needs, English language learner,
and/or at-risk child be affected?
A:
The
state's highest court has held that in a reformed
system, funding must follow need. Since students
from poverty backgrounds, students with disabilities,
and English language learners have the greatest
needs, CFE expects that the reforms which flow from
the case will especially benefit these students.
CFE
encourages all those who are concerned about these
issues to stay in touch by frequently visiting our
website, participating in events that CFE holds
across the state, and joining with other groups
who are also working for positive change for our
state's public schools.
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Q: Will
all districts receive an increase in state funding
because of the CFE decision?
A:
In
CFE v. State, the New York Court of Appeals
ruled only on the case before it, which technically
only applied to New York City. However, any reforms
to the state education funding system that benefit
the large number of students in New York City will
necessarily impact students in all districts. For
this reason, CFE -- like the governor and the legislative
leaders -- are committed to carrying out the CFE
reforms on a statewide basis.
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Q:
Will
money
be
taken
away
from
some
districts
and
given
to
New
York
City
or
other
needy
districts
as
a
result
of
the
CFE
decision?
A:
CFE
opposes
a
"Robin
Hood"
approach.
We
do
not
believe
money
should
be
taken
away
from
students
who
are
currently
receiving
a
sound
basic
education
and
given
to
New
York
City
or
other
needy
districts.
In
its
decision,
the
Court
of
Appeals
did
not
require
money
to
be
taken
from
some
districts
and
given
to
others,
and
CFE
does
not
propose
to
do
so.
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Q: Will
there be a limit on what school districts will be allowed
to spend as a result of the CFE decision?
A:
CFE
does not seek to limit any district's total spending for their
schools. Every district should have the right to provide their
students with the strongest education possible. CFE does believe,
however, that there must be an adequate foundation for every
school to guarantee that each child has an opportunity to
a sound basic education. The Court of Appeals was clear that
this is a constitutional right for every student in New York
State.
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Q: What
is a sound basic education?
A:
In
the CFE case, the Court of Appeals, New York State's highest
court, defined a "sound basic education" as one that
includes a meaningful high school education with the skills
and knowledge to "function productively as civic participants"
in 21st-century society, including being capable and knowledgeable
voters and jurors able to sustain employment.
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