The Court of Appeals has declared New York State is failing in its duty to provide all children the educational opportunities the constitution guarantees. NYSSBA supported the plaintiffs, the Campaign for Fiscal Equity, in this lawsuit and believes the governor and Legislature must fashion a statewide remedy. Below is NYSSBA's statement in reaction to the decision.
Campaign for Fiscal Equity Lawsuit Decision
Statement of Timothy G. Kremer, Executive Director
New York State School Boards Association
New York State's highest court has declared what should be a prompt end to this state's long and sorry history of making children's educational opportunity a function of the wealth of their community.
The Court of Appeals decision is a victory for every school district in the state that struggles to find resources to support its public schools. The high court makes clear that resources are indeed a critical element in educational achievement and that the state is ultimately responsible for ensuring those resources are adequate.
No other state in the nation has a greater gap between low-poverty and high-poverty districts in the amount of state and local revenue available per student, according to a 2002 study by the Education Trust. Education Week's consistently low marks for New York for the equity of distribution of financial resources to school districts are well-deserved.
The New York State Legislature and the governor can no longer ignore this inequity or content themselves with Band-Aid fixes. Our children and their future demand- now- an education finance system that provides adequate resources; distributes them equitably, predictably, and in a manner that is understandable to the general public; and that provides local districts flexibility in their use.
The New York State School Boards Association has partnered with the Campaign for Fiscal Equity in sponsoring a study, now underway, of what it should cost each district in the state to provide an adequate educational opportunity to every child and consistent with the constitutional standard. NYSSBA has also joined with CFE to sponsor community forums throughout the state and submitted friend-of-the-court briefs in support of their court case.
Despite the governor's statewide commercial on last night's news, the state legislature has begun to override the governor's veto of the state budget. There are 119 vetoes and each must be overridden individually. As of this writing, the Assembly has already overridden all of the education items contained in the vetoed bill. The Senate reiterated its pledge yesterday to override and they making good on it this afternoon and evening. 100 votes out of 150 are necessary to override in the Assembly. All votes were in the 113-37 range. The Assembly Republicans stuck with the governor with the exception of Assembly Members Alfano, Barra, Casale, Kirwan, Manning, McDonough, Miller, O'Connell and Prentiss. Votes in the Senate have thus far been unanimous in favor of an override. Senator Paterson, the Democrat leader of the Senate has pledged the support of all of his members. Senate Majority Leader Bruno is quoted as saying "The legislature will have the last word and the last word is "override". As such, districts may be fairly certain of the availability of funds restored by the legislature.
In yesterday's press conference, the governor stated his belief that the legislature's restorations for education were "unconstitutional". He did not say that he would sue, but indicated that someone may choose to do so. Such a lawsuit should not encumber any of the restored money. In the past, such lawsuits have taken years and have never involved any withholding of state funds. Lawsuits debating the constitutionality of state budget practices are still in the courts from the last time the governor vetoed items out of the state budget. Funds provided in that budget were not encumbered while the suit was pending and should not be this year, should someone eventually sue over these restorations.
NYSSBA will continue to provide updates as warranted.
David Little
Director of Governmental Relations
New York State School Boards Association
24 Century Hill Drive, Suite 200
Latham, New York 12110-2125
(518) 783-0200 ext 3723
fax (518) 783-3542
(800) 342-3360
david.little@nyssba.org
Governor Pataki is reputedly ready to veto between 120-140 specific lines of the budget passed by the state legislature. He has purchased 2 minutes of television time across the state during tonight's evening news to explain his position. The message is paid from the governor's campaign funds and will air between 6 p.m. and 6:30 p.m. The legislature will begin the process of overriding the vetoes perhaps as early as late tonight or tomorrow. Both houses continue to provide assurances that override attempts will be successful. In fact, a number of Assembly Republicans who did not vote for the original budget are now poised to vote for the veto override. (The governor himself has indicated that he "may well lose this fight"). The governor also indicated that he will sign legislation reducing the employer contribution rate to the Employees Retirement System from 11% to 4.5% for this year, allowing districts to factor in the reduction into spending plans.
Though the veto override process may be protracted over a number of days, legislative leaders remain publicly committed to the restorations spelled out in the state aid runs previously provided to districts.
Today is the deadline for providing the Property Tax Report Card to the State Education Department. Though this report must be filed today, SED has previously indicated that districts may revise their spending plan up to the day of the district's budget public hearing (between 14 and 7 days prior to the vote on June 3rd) providing they have not previously sent out absentee ballots and providing that in doing so, it does not cause voter confusion.
NYSSBA will continue to provide updates as events unfold.
May 3, 2003 - Statewide March for Public Education in Albany.