New York Court Affirms Special Masters’ Recommendations
for More Funding
In a decision released today, Justice Leland DeGrasse
of the New York Supreme Court – the trial and
remand court in New York’s school funding litigation,
CFE v. State –ordered the state to provide
$5.63 billion more in annual funding for the schools
that educate the 1.1 million schoolchildren in New York
City, beginning with $1.4 billion for the 2005-06 school
year. This order affirmed the recommendations of a panel
of special masters issued November 30.
The court also denied at this time plaintiffs' motion
for contempt and sanctions. Michael Rebell, Executive
Director and Counsel for CFE, said he hoped the state
would comply within the 90-days ordered by the court
so CFE would not have to consider renewing its motion
for contempt and sanctions. However, Governor Pataki
has indicated that he intends to appeal the order.
The special masters had recommended that the court
order the state to enact legislation within 90 days,
from the date of the court’s order, that would:
 provide
an additional $5.63 billion for annual operating aid,
phased in over a four-year period;
undertake
a new cost study every four years to determine the
cost of a sound basic education;
provide
an additional $9.2 billion for building, renovating,
and leasing facilities; and
undertake
a facilities study every five years, in accordance
with the methodology used by CFE in its facilities
analysis.
Cost Study 50 Percent Reduction Rejected
One of the key matters decided by the special masters
and confirmed by the court is rejection of a 50 percent
cost reduction filter applied by the state in a cost
study that relied on the spending in successful school
districts across the state. The cost reduction filter
excluded from analysis the higher-spending 50 percent
of the successful districts. The three school finance
experts who testified before the special masters, including
the state defendants’ own expert, all agreed that
the cost reduction filter was inappropriate and stated
that they would not use such a filter in their work.
Statewide Remedy
CFE, the governor, and legislative leaders continue
to agree that a statewide remedy is essential. Moreover,
the panel wrote that they “strongly support the
consensus among the parties and the amici” that
New York State must reform its funding formulas so that
spending is tied directly to the opportunity for a sound
basic education for all children in the state. CFE,
in consultation with advocates across the state is developing
a statewide reform bill based on Justice DeGrasse’s
order to ensure educational opportunity for students
throughout the state.
Prepared by Molly A. Hunter, February 14, 2005
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