October 12, 1999
FOR IMMEDIATE RELEASE

Landmark State Education Financing Case Opens With Shocking Statistics of Inadequacy in New York City Schools

Opening arguments begin today in Campaign for Fiscal Equity ("CFE") v. State of New York, a landmark case challenging the education funding system in New York State. "Too many hundreds of thousands of children in New York City have been denied" an adequate education, stated Joe Wayland, partner at Simpson Thacher & Bartlett, lead trial counsel for the plaintiffs. "This denial is a constitutional wrong - and it is a wrong for which the State of New York must take responsibility."

The legal foundation for CFE v. State of New York lies in Article XI of the New York State Constitution, which guarantees the opportunity for a "sound basic education" to all of New York's students. CFE claims: (1) that because of its current system for funding schools, the state is denying just such an opportunity to thousands of its children; and (2) the current financing scheme violates Title VI of the Federal Civil Rights Act of 1964.

"In sum, too many reports seem to show hundreds of thousands of children who are not getting an adequate education," Wayland stated. He reports that:

1) There are higher numbers of uncertified teachers in schools with higher poverty rates, thus the children who need the most are getting the least qualified teachers. 13% of NYC teachers lack certification. (In New York City, there are 1500 uncertified math and science teachers as compared with 26 in the rest of the entire state);

2) Not enough money is being spent on textbooks. Currently, New York spends $35 per student on textbooks in junior high. A study by the New York City Council found that New York needs to be spending $80 a year in order to have up-to-date textbooks;

3) More than one half of NYC's elementary schools are overcrowded. Eighty-six elementary schools exceed capacity by at least 25%. Overcrowding results in the elimination of school libraries, gyms and art and music rooms; and

4) Per pupil expenditure in NYC is over $1100 per student less than the State average. (New York City average - $8171, State average - $9321). The suburban average is $12,613. The rest of State spends about 14% more than New York City to educate children.

In addition to its charge that the State's funding system is inadequate, CFE also charges that the system violates Title VI of the 1964 Federal Civil Rights Act. Title VI prohibits racial discrimination in programs that receive federal funding. Wayland points out that "separate and inherently unequal education systems stand on opposite sides of the color line . . . we stand before the court today, finally, because the effect of the constitutional wrong visited on the children of New York City is no less insidious than the harm that the Supreme Court condemned in Brown v. Board of Education."

Wayland bolstered CFE's argument by citing quotes from New York: The State of Learning, an annual report by the State Education Department and the State Board of Regents. The Report, among other things, noted:

"A dismaying alignment of disadvantaged students (disproportionately children of color), schools with the poorest educational resources (fiscal and human), and substandard achievement. . ."

Further, the report stated that:

"Perhaps the sharpest contrasts exists between the public schools in New York City and those in districts (mostly suburban) with low percentages of students in poverty and high levels of income and property wealth.

Despite New York City's large number of students placed at high-risk by poverty and limited proficiency in English, the City's mean expenditure was two-thirds that in the most advantaged districts."

During the trial, CFE plans to call dozens of witnesses - from State Education Commissioner Richard Mills to school superintendents and national experts in educational policy - to testify to the system's inequities and its failure to enable all New York students to meet the State's recently adopted higher standards.

Michael Rebell, Executive Director of CFE, commented: "We are seeking to radically change the entire way that the State funds education. Right now the so-called State Aid Formula is nothing but a political manipulation. It needs to be changed to a rational system that actually provides funding in a way that meets students' educational needs."

CFE expects the trial to last 3 to 4 months.