The Status of CFE v. State of New York

In Major Victory for Children of New York State, Court Strikes Down State's System for Funding Education Declares that State Must Ensure Adequate Level of Funding in All School Districts

In a major victory for children across New York State, the State Supreme Court today issued a landmark decision, striking down the state's system for funding public education as unconstitutional. Finding the current state school funding system denies students in New York City the opportunity for a "sound basic education", Justice Leland DeGrasse of the State Supreme Court in Manhattan today ruled that the system violates the state constitution. He also ruled that the funding system was discriminatory against minority students and in violation of the provisions of Title VI of the 1964 Federal Civil Rights Act.

Justice DeGrasse ruled that the state must now come up with a reformed and equitable school funding system by September 15, 2001, and that the court would retain jurisdiction over the matter until all of the issues are addressed. Specifically, the state must ascertain the actual costs of providing a sound basic education across the state and then implement reforms that ensure stable funding for these costs in each district. The parties involved in the case will appear before the court on June 15, 2001 to describe the progress of the mandated reforms.

"This is a huge victory for the children of New York State," said Michael A. Rebell, Executive Director and Counsel for the Campaign for Fiscal Equity (CFE), Inc., a Manhattan-based coalition of parent and advocacy organizations that served as the plaintiff in the case. "The judge's decision is consistent with Gov. Pataki's statement that the current system is a dinosaur. Dinosaurs are extinct, and this system should be as well. The court's decision is clear, so we hope that the legislature will work with us in getting to work immediately on a new funding system."

In his decision today, Justice DeGrasse found that a "sound basic education" consists of "the foundational skills that students need to become productive citizens capable of civic engagement and sustaining competitive employment." Justice DeGrasse also outlined seven areas of resources that must be provided in order for districts to ensure a sound basic education:

  • Sufficient numbers of qualified teachers, administrators and other personnel;

  • Appropriate class sizes;

  • Adequate and accessible school buildings with sufficient space for classes and curriculum;

  • Sufficient and up-to-date books, supplies, libraries and technologies;

  • Suitable curricula, including an expanded platform of programs to help at-risk students by giving them more time "on task";

  • Adequate resources for students with extraordinary needs;

  • A safe and orderly school environment.

    "This is a decision that calls upon our state elected and appointed officials to do their constitutional duty and provide an adequate education for all of the state's children," said Joseph Wayland of Simpson Thacher and Bartlett, who argued the case before the court. "The decision makes crystal clear that New York City children have not been provided the resources necessary to get such an adequate education for decades."

    Throughout the decision, Justice DeGrasse emphasizes that the poorest at-risk students in the city are capable of getting a sound basic education if they are provided with adequate resources to do so. He cites that only 12 percent of city students have received a Regents diploma, which demonstrates a sound basic education, in recent years.

    Although he left a detailed remedy for the constitutional violations in the hands of the legislature, Justice DeGrasse ruled that the New York City public schools needed hundreds of millions of dollars in increased funding to bring them in compliance with the state constitution. He specified more qualified teachers and administrators, better school buildings, and improved educational materials as potential costs and targets of this funding.

    This decision comes after seven years of litigation between Campaign for Fiscal Equity and the State of New York. In a 1995 preliminary ruling in the case CFE v. State of New York, the Court of Appeals, the state's highest court, declared that Article XI of the State Constitution entitles all children to the opportunity for a "sound basic education." Remanding the case for a trial, the Court of Appeals issued a "template" definition of a "sound basic education" and said it would re-evaluate its tentative definition based on the evidence adduced at trial.

    In the final pages of his ruling, Justice DeGrasse commended the efforts of Simpson Thacher and Bartlett for its pro bono assistance to CFE in trying the case. "The firm's expanded enormous resources and its lawyers brought to bear great talent and perseverance in support of the plaintiff's cause," wrote DeGrasse, adding that the firm's commitment was exemplary of the state Bar's "highest traditions."

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