September 28, 1999
FOR IMMEDIATE RELEASE

Long-awaited Landmark Case vs. State to Reform Education Budget Distribution Comes to Trial Oct. 12th

Campaign For Fiscal Equity Plans Massive Rally For Trial Start

With opening arguments just two weeks away, the Campaign for Fiscal Equity is gearing up for their landmark lawsuit against the State of New York to radically change the way the Albany allocates education dollars.

The lawsuit, Campaign For Fiscal Equity v. State of New York, argues that state education funding to New York City and other districts with large number of students with special needs prevents students from those areas from receiving a sound basic education, or from meeting the new Regents learning standards.

The Campaign for Fiscal Equity also charges that the inequitable state funding system has a "disparate racial impact" because 73 per cent of the State’s minority schoolchildren are city students, and so violates Title VI of the Civil Rights Act of 1964. The trial – pending in the court since 1993 – is expected to begin on October 12th.

On that date, the Campaign for Fiscal Equity is gearing up for an extensive rally of top government officials, community leaders and concerned parents and teachers on the courthouse steps to give voice to the organization’s powerful groundswell of support.

"We are grateful for the support we have received from hundreds of groups and thousands of citizens who have attended the forums we have held in every part of the state to prepare for this trial," said Michael Rebell, Executive Director of the Campaign for Fiscal Equity, a non-profit coalition of parent organizations, community school boards, concerned citizens and advocacy groups.

"We are attempting to ensure that all public school students in the State receive the benefits a more equitable distribution process would provide," said Mr. Rebell. "With their support, we hope to create a school finance system that gives all students in the State the resources they need to obtain a sound basic education and to meet new, tougher state standards," he added.

The Campaign for Fiscal Equity charges that thousands of students in New York City are being denied the opportunity for a sound, basic education because they attend overcrowded schools with inadequate supplies and a lack of experienced, certified teachers. In a precedent-setting 1995 ruling, the State Court of Appeals held that every student in the state has the right to the opportunity for a "sound basic education" under the New York State Constitution.

In addition, New York’s current finance system fails to fully address students’ educational needs. In New York City, where 17 per cent of students have limited English language skills and 62 per cent live in areas of concentrated poverty, the City spends approximately $1,000 less per student than the statewide average. In 1996-1997, the latest figures available, the City spent $8,171 versus the state average of $9,321 per pupil.

This underfunding results in fewer resources for city public school students. For example, New York City has roughly 9 computers per 100 students, while the average suburban district has 17.5. Those suburban schools also have 230 library books per 100 students, but City schools have just 90.

Moreover, the lack of funding for City schools makes it difficult to recruit and retain qualified teachers. The median salary for teachers in the City is more than $2,000 below the state average and nearly $20,000 below downstate suburban districts. New York City also possess one of the state’s highest percentages of uncertified teachers and the highest teacher turnover rate.

Not surprisingly, this dramatic lack of resources leads to low student achievement. Only 22 per cent of city high school graduates earn a Regents diploma, compared to 53 per cent of high school students across the state. At the same time, New York State is beginning to raise academic standards. Starting with the 2001-2002 school year, all students will have to pass tough new Regents exams in five academic areas to receive a high school diploma.

"Students in City schools and other high-need areas are already left behind," said Mr. Rebell. "The State is now increasing degree requirements, and teenagers in New York City as well as other impoverished school districts in the State will be left even further behind unless we change the way New York State pays for its schools."

The inequitable nature of the state school funding scheme is uncontested. In fact, the State has already conceded in court documents that the City receives $455 less per enrolled pupil than the statewide average. "Since there are approximately 1.1 million city public school students, that means the city schools are short changed by at least half a billion dollars each year," said Mr. Rebell.

In August, the Black, Puerto Rican and Hispanic Legislative Caucus filed an amicus curiae brief supporting the Campaign for Fiscal Equity’s charge that the current State Aid system is in violation of Title VI of the Civil Rights Act of 1964.

Title VI prohibits entities that receive federal funds from discriminating on the basis of race, color, or national origin. Last month, the Federal Department of Justice also filed an amicus brief backing CFE’s right to press the Title VI charges in State court.

Assembly Member Keith Wright (D-Harlem), Chair of the Black, Puerto Rican and Hispanic Caucus, said, "It is our duty as elected officials to speak out on behalf of our constituents and represent their interests, whether on the floor of the Legislature or before the bench."

The overwhelming majority of the State’s minority school children attend city public schools. In 1996, 71 per cent of the State’s Hispanic students and 59 per cent of the state’s Black students attended New York City public schools. Only 9 per cent of the State’s White students were educated in a city school that year.

"At a time when two out of every three city fourth graders fail a state-wide reading and writing test, at a time when more than half of city students fail to perform at the national average level in mathematics, our schools need more resources to hire qualified teachers, build classrooms, and buy books," Mr. Wright said.