STATE SUPREME COURT APPELLATE DIVISION HEARS APPEAL IN
CFE v. STATE OF NEW YORK

--Campaign for Fiscal Equity Asks Court to Uphold Historic School Funding Decision--

CFE Urges Affirmance of Justice DeGrasse's Remedies for Education Finance Reform

The Appellate Division of the New York State Supreme Court heard oral arguments today in the appeal of Campaign for Fiscal Equity, Inc. (CFE) v. State of New York, the landmark school funding lawsuit. On August 13, the State appealed Justice Leland DeGrasse's January 2001 decision in the case, which ruled that the state education finance system denies millions of New York City public school students their constitutional right to an opportunity for a sound basic education.

CFE today asked the court to uphold Justice DeGrasse's historic decision and to order the State to immediately develop a fair, constitutional funding system. According to Mr. Rebell, CFE's Executive Director and Counsel, the State's appeal of the case is unnecessarily continuing to deprive New York City's 1.1 million school children of an adequate education. Mr. Rebell said today:

"We are asking the Appellate Division to reject the State's appeal of Justice DeGrasse's historic order in CFE v. State. We anticipate a favorable outcome in the court, and we call upon the Governor and the legislative leadership to begin immediately the process of devising a new funding system, and to ensure that each and every school child in the state of New York is afforded the opportunity for a sound basic education to which they are entitled by the State Constitution."

"Now more than ever, in the face of the September 11 disaster, children's lives should not be put on hold while the State draws out the litigation process," Rebell said. "This is the time to uphold our democratic ideals and provide equal opportunity in education for all our children."

Joseph Wayland, lead attorney for the legal team from Simpson, Thacher, and Bartlett, which is providing pro bono co-counsel in the CFE case, also argued before the court today. Mr. Wayland said, "Justice DeGrasse's decision set forth a clear constitutional standard and demonstrated that although New York City's public school students are capable of high achievement, the gross lack of resources has prevented them from obtaining a sound basic education. There is no doubt about the failings of the New York city schools, and we have asked the Court to affirm Justice DeGrasse's order instructing the Legislature to provide an appropriate remedy.

Before the oral arguments, about 300 hundred parents, educators, and community leaders attended a rally to support CFE's case across from the courthouse in Madison Square Park. A number of public officials addressed the crowd, including State Comptroller Carl McCall, mayoral candidate Mark Green, and United Federation of Teachers President Randi Weingarten. Ms. Weingarten said, "Recent events have made it more important than ever for our schools to get the support they need. Instead, the state has given city schools less, not more. Not only must we continue to raise standards, we must also teach tolerance, respect, and democratic values. This court must intervene and stop the state from shortchanging our children."

A decision in the appeal is expected to be rendered in early 2002.