New York State will receive a $3 billion windfall from the $9 billion that the French bank BNP Paribas must pay for violating sanctions on transferring money to Sudan, Cuba, and Iran. The state senate has begun brainstorming how the money should be spent including accelerating tax cuts and phasing out utility taxes.
Claiming that a statute that allows the state to deduct over $ 1 billion from amounts that the state funding formula calculates to be due to school districts is “unconstitutional on its face,” the plaintiffs in NYSER v. State of New York filed a motion for a preliminary injunction late last month that asks the court to restore the $1 billion immediately, even before the case goes to trial. The complaint in the case, filed in February, seeks to compel the state to fully comply with the orders of the New York Court of Appeals in CFE v. State of New York and with Article XI § 1 of the State Constitution that guarantees all students the right to the opportunity for a sound basic education. The full relief that plaintiffs seek could amount to over $5 billion.
In the Preliminary Injunction Motion, the plaintiffs challenge a “gap elimination adjustment” (GEA), a budgetary device the state uses cover the “gap” between what is due to the schools and the state’s available revenues. Plaintiffs are also claiming that a cap on the amount that the education budget can be increased each year and a supermajority voting requirements that essentially “caps” any property tax increases over 2% or the last year’s inflation increase, whichever is lower, also are facially unconstitutional. The argument is based on the Court of Appeals’ holding that the state is obligated to provide schools the “actual cost” of a sound basic education.
The defendants have made an immediate motion to change the court in which the motion will be heard from New York City to Albany. Plaintiffs are resisting that change. The Court has set will hear arguments on the change of venue motion on July 29, 2014.
The NYSER plaintiffs include nine New York City parents, eight parents from other urban, suburban and rural districts throughout the state, and New Yorkers for Students Educational Rights (“NYSER”), an unincorporated association whose members include 11 of New York City’s 32 community education councils, the New York State School Boards Association, the 2 New York State Council of School Superintendents, the New York State PTA, the New York State Association of School Business Officials, the Statewide School Finance Consortium, the Rural Schools Association and a variety of parent and educational advocacy groups.
The defendants are the State of New York and Governor Andrew Cuomo, the State Board of Regents, and John B. King, Commissioner of Education.
For the next school year, New York City’s schools will receive their largest increase in state aid for basic school operations in five years — approximately $350 million — but the operating budget for almost all of the schools will be the same as last year. The increase in state aid has been earmarked for the following categories in the mayor’s budget that was approved in principle with slight modifications by the City Council last week:
Expansion of After-School Programs $145 million
Charter Schools $93 million
Expanded Arts Instruction $23 million
English Language Learners $13 million
Teacher Evaluation $18 million
School Technology $20 million
Funding for New Schools $10 million
Facilities Improvements $10 million
Miscellaneous $12 million
Certainly, increasing funding for the expansion of after-school programs, additional funding for English language learners, and other programs slated to receive these increases are important initiatives that deserve at least this level of support. The $300 million in new state funding for a major expansion of full day pre-kindergarten programs — which is being provided outside the regular state aid for education budget — is also a welcome and long-overdue augmentation of educational opportunities for the city’s children.
But the fact remains that, at the building level, principals and teachers who for years have been struggling with inadequate resources to provide their students the opportunity for a sound basic education that is every child’s right under the state constitution will feel little relief in the months to come. Throughout the city, class sizes will remain far above reasonable levels, students needing extra assistance will not get the academic intervention services called for in the commissioner’s regulations, required course offerings, not to mention electives and extracurricular activities will be limited, and guidance counselors, social workers, and other vital support staff will be in short supply. (For a detailed description of the lack of basic educational services in high needs schools in New York City and throughout the state, see Deficient Resources (Campaign for Educational Equity, 2012), available at http://www.equitycampaign.org/index.asp?Id=PUBLICATIONS&Info=Essential+and+Deficient+Resources+Reports. For user-friendly briefs on students’ educational rights, see CEE’s Know Your Educational Rights series, available at http://www.equitycampaign.org/index.asp?Id=PUBLICATIONS&Info=Know+Your+Educational+Rights+Handouts).
The root of this problem is the state’s failure to comply with the constitution and with the orders of the Court of Appeals in the CFE v. State of New York litigation. In 2007, following the court’s finding that students in New York City were being denied their constitutional right to the opportunity for a sound basic education, the governor and the legislature adopted a new funding system that promised to provide students in the City over $5 billion in increased state aid, to be phased in over the next four years. The state meet that obligation for the first two years, but then, starting in 2009 after the recession hit, the state first froze further increases and then began to slash aid appropriations dramatically. The “increases” that the legislature has approved for the past few years are really not increases at all, but reductions in the continuing pattern of budget cuts. As of next year, the state aid for New York City’s school children will still be about $2.2 billion below the level of annual funding called for under the foundation formula.
Plaintiffs in New Yorkers for Students’ Educational Rights (NYSER) v. State of New York, a recently filed lawsuit, are trying to remedy this situation (Michael Rebell, executive director of CEE, is pro-bono co-counsel for the plaintiffs). They are asking the State Supreme Court to enforce compliance with the CFE decisions. This week, they filed a preliminary injunction motion (see http://www.nyser.org/preliminary-injunction-motion.html) that asks the judge to prohibit the state from continuing to implement their “gap elimination adjustment” (GEA), a method the state has used since the recession to subtract money from state education aid to fill a “gap” in state revenues. This year, when the state has no “gap” and is implementing $2 billion in new tax cuts, continued use of the GEA is particularly unconscionable. If plaintiffs prevail on this motion, the city’s schools would get an immediate $250 funding increase. Mayor de Blasio and Chancellor Fariña need to join the NYSER plaintiffs in demanding that the state cease its unconstitutional and unfair tactics and provide sufficient funding to allow all of the city’s schools to provide their students the full range of educational opportunities to which they are entitled.
Under New York State law, all English language learners (ELLs) have a right to the resources, services, and supports they need to be able to achieve the same educational goals and meet the same standards as the general student population.
To help parents, educators, students, and advocates understand exactly what this means, CEE is pleased to announce the release of Know Your Rights: English Language Learner Resource Requirements/Conozcan Sus Derechos: Estudiantes Que Aprenden Inglés – Recursos Requeridos. This user-friendly brief describes the rights of ELLs and the specific services and supports that all New York schools must be able to provide for these students. The handout also details our findings of ELL-related resource deficiencies in a study of 33 high-need schools throughout the state.Recently, at the NYC Department of Education’s 11th Annual English Language Learner Parent Conference, hundreds of parents got a preview of these handouts. (View the photos on our Facebook page here!)
Our goal with this and the other handouts in our Know Your Educational Rights series is to empower parents, students, educators, and other stakeholders to make sure that students actually receive the services and supports to which they are entitled. But this will happen only if people know about them.
Education underfunding is still a major problem for New York State’s students, according to a recent feature article in Remapping Debate. The article describes how the budget for 2014-15 that the legislature passed last month continues to underfund basic K-12 school operations and fails to comply with the CFE court decisions. The article provides an in-depth explanation of why the new litigation, New Yorkers for Students’ Educational Rights (NYSER) v. the State of New York is a necessary response to the current state of New York education.
The article states that “Gov. Andrew Cuomo and key members of the Legislature have celebrated the new budget as a sign of New York state’s renewed fiscal health: the state, they say, has enough money not only to fund a significant expansion in public education but also to substantially reduce the revenues it brings in every year.
“But this budget, according to a recently filed lawsuit, is ignoring a huge obligation: some $3 billion in unmet funding that the state promised to school districts in 2007 in order to comply with an order from the state’s highest court which ruled that school funding failed to pass constitutional muster.” The lawsuit also says that the state would need to formulate a new cost analysis to update the figure to account for inflation. “There’s a constitutional obligation here,” said Michael A. Rebell, co-counsel for the plaintiffs in the NYSER litigation. “The governor is ignoring that unmet obligation.”
Rebell also commented about the continued inadequacy of current funding levels now that the state is no longer in a recession. In 2009 to 2010, according to Rebell, the governor and the legislature said, “We’ve taken funding from what we admit you need, because we don’t have the money.” Rebell continued: “And yet [now] they’re giving tax breaks for a billion and a half dollars” per year.
Billy Easton, executive director of the Alliance for Quality Education, also referring to the state’s decision not to comply with its 2007 promise in CFE to fund schools adequately, noted, “We took issue with that argument when we were in the fiscal crisis, because the constitutional obligation was not subject to the fiscal position of the state. …The fiscal crisis is over, that argument is now moot.” Furthermore, “[The] commitment was to increase the funding in order to increase student opportunity, not on a temporary basis, but on a permanent basis, because there was a permanent constitutional violation.”
The Campaign for Educational Equity’s Michael A. Rebell and Jessica R. Wolff are part of a Teachers College, Columbia University, research team that was awarded a Wallace Foundation grant to study the “collective impact” approach to tackling social and educational challenges. In recent years, local organizations and institutions in a growing number of U.S. cities are collaborating across government, business, education, and nonprofit sectors to seek solutions to educational inequity problems that exceed the ability of most single entities to resolve alone. The grant will enable the team to embark on a multiyear study of this approach in three mid-sized cities.
The research team is led by Jeffrey Henig, professor of political science and education; and Carolyn Riehl, associate professor of sociology and education policy. Both are in Teachers College’s Department of Education Policy and Social Analysis. The TC team was selected in part because of CEE’s ongoing work on “comprehensive educational opportunity.” The new Wallace-funded project will allow CEE to delve even more deeply in to this important area of policy and research.
We look forward to updating you about the project. Please find an article about the grant on the Teachers College website here.
Today’s school libraries do much more than circulate books. Essential functions of modern school-library programs include not only fostering a love of reading and research, but also working with classroom teachers to help students find, understand, evaluate, and apply information in order to solve both academic and real-world problems. Effective school librarians (also known as “school library media specialists”) are integral partners in helping students develop essential skills that prepare them for college, careers, and civic participation.
The New York State constitutional requirement to provide all students the “opportunity for a sound basic education” demands that all schools include a sufficient and up-to-date library media center providing a sufficient number of books and up-to-date instructional technology and software.
Our team prepared a brief, user-friendly summary of students’ school-level, library-related rights because we believe that ALL parents, students, community members, and other key stakeholders should be empowered with this knowledge and fully engaged in efforts to protect and expand our children’s educational opportunities. This handout is part of our growing Know Your Educational Rights series.
Please help us share this important information by forwarding this email to your network, sharing the related links from our Facebook and Twitter accounts, and printing copies for your upcoming meetings.
Thank you in advance!