CFE Response To Governor George Pataki's Announcement That He Will Appeal The Decision Reached In CFE V. State Of New York

January 16,2001 - The Governor has announced that he will appeal Justice Leland DeGrasse's landmark decision reached last week in CFE v. State of New York. Although the Governor may feel it necessary to clarify some aspects of the case, an appeal should not be used as an excuse for not moving forward with developing the fair, rational system that Justice DeGrasse called for in his well-reasoned decision. The Governor and the legislature should immediately appoint an independent panel of experts to devise a single, objective needs-based funding approach. A lengthy appeal would only further delay the children of New York State from receiving a sound, basic education.

The Governor cites two cases in Kansas City and Yonkers that illustrate that judges have no business running education. In fact, those were school desegregation and not education finance cases! The fact is that courts have successfully overseen major revisions to state education finance systems in Wyoming, Kentucky and Texas with good results. Justice DeGrasse, being well aware of the actions of the courts in over 20 states, crafted a well-reasoned approach that relies on the Governor and the Legislature for implementation, steering clear of micromanaging or ordering a specific course of action.