91ƬƵ

Law & Courts

As Lawmakers Stall, N.Y. School Aid Case Gets ‘Special Masters’

By David J. Hoff — August 11, 2004 2 min read
  • Save to favorites
  • Print
Email Copy URL

A New York judge has appointed three eminent lawyers to oversee the state’s stalled effort to comply with a court order to increase spending for the New York City schools.

The “special masters” will work with state officials and plaintiffs in the lawsuit, which resulted in a decision by the state’s highest court that the state was inadequately financing the nation’s largest school district. (“Court Orders New York City Funding Shift,” July 9, 2003.)

Justice Leland DeGrasse of a trial court in Manhattan appointed the special masters on Aug. 3—four days after the state failed to meet the deadline set in the 2003 court order to fix school funding—and gave them until Nov. 30 to report back to him.

The latest development leaves open the possibility of a statewide solution to the court’s mandate to give New York City enough money to provide a “sound basic education” as called for in the 2003 decision.

Gov. George E. Pataki will continue to seek a legislative solution to the court order while working with the special masters, said Kevin Quinn, a spokesman for the Republican governor.

A lawyer representing the plaintiffs said that the court proceedings might even yield a statewide school funding solution, rather than one narrowly focused on New York City.

“Whatever we present will be in the context of ... the reforms needed in the state and how it should affect New York City,” said Michael A. Rebell, the executive director of the Campaign for Fiscal Equity, a New York City-based legal advocacy group that brought the case against the state. “For all practical purposes, we’re going to treat it as a statewide issue.”

Even though the special masters will seek an approach to the school funding dilemma, their participation may push the state’s political leaders to agree on a solution, Mr. Rebell said.

High Price Tags

So far, state politicians have been unable to break the gridlock to find a remedy.

Mr. Pataki has proposed increasing state school aid across the state by $4.5 billion over the next five years. More than half the new money would go to New York City.

In late July, the Republican-led state Senate passed a five-year plan to add $5.2 billion in state aid.

The Democratic-controlled Assembly, meanwhile, approved a bill in June to raise education spending by $6.1 billion over five years and create a $2.2 billion capital-spending program.

During a late-July special session called by the governor to seek a solution, Mr. Rebell said, the Campaign for Fiscal Equity and legislative leaders made progress in hammering out details of policies that would build a new statewide accountability system.

But the legislative leaders and school advocates never made much headway on the financing questions, he said.

The three lawyers appointed by Justice DeGrasse last week will now moderate that debate. The special masters are John D. Feerick, a former dean of Fordham University’s law school, and two former state appeals court judges, E. Leo Milonas and William C. Thompson.

Related Tags:

Events

Recruitment & Retention Webinar Keep Talented Teachers and Improve Student Outcomes
Keep talented teachers and unlock student success with strategic planning based on insights from Apple 91ƬƵ and educational leaders. 
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of 91ƬƵ Week's editorial staff.
Sponsor
Families & the Community Webinar
Family Engagement: The Foundation for a Strong School Year
Learn how family engagement promotes student success with insights from National PTA, AASA and leading districts and schools.  
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of 91ƬƵ Week's editorial staff.
Sponsor
Special 91ƬƵ Webinar
How Early Adopters of Remote Therapy are Improving IEPs
Learn how schools are using remote therapy to improve IEP compliance & scalability while delivering outcomes comparable to onsite providers.
Content provided by 

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.

Read Next

Law & Courts Court Upholds Injunction on Arizona Transgender Sports Ban for Young Athletes
A federal appeals court upholds an injunction against an Arizona law, allowing two transgender girls to compete on female teams.
3 min read
Arizona State Superintendent of Public Instruction Tom Horne, left, a Republican, takes the ceremonial oath of office from Arizona Supreme Court Chief Justice Robert Brutinel, right, as wife Carmen Horne, middle, holds the bible in the public inauguration ceremony at the state Capitol in Phoenix, Thursday, Jan. 5, 2023.
Arizona schools chief Tom Horne, left, takes the ceremonial oath of office at the state Capitol in Phoenix in January 2023. The Republican is the lead defendant in a lawsuit filed by two transgender girls challenging the Save Women's Sports Act, which bars transgender women and girls from female sports.
Ross D. Franklin/AP
Law & Courts How Moms for Liberty's Legal Strategy Has Upended Title IX Rules for Schools
The grassroots group's tactic is confounding schools across the country trying to keep up with which Title IX rules apply to them.
7 min read
Moms for Liberty co-founder Tina Descovich speaks before Republican presidential nominee former President Donald Trump at the Moms for Liberty annual convention in Washington, Friday, Aug. 30, 2024.
Moms for Liberty co-founder Tina Descovich speaks before Republican presidential nominee former President Donald Trump addressed the group's annual convention in Washington on Aug. 30. One popular session was about Moms for Liberty's lawsuit challenging the Biden administration's Title IX regulation.
Mark Schiefelbein/AP
Law & Courts Supreme Court Leaves Biden's Title IX Rule Fully Blocked in 26 States
The court's action effectively leaves in place broad injunctions blocking the entire regulation in 26 states and at schools in other states.
5 min read
The Supreme Court building is seen on Thursday, June 13, 2024, in Washington.
The Supreme Court building is seen on Thursday, June 13, 2024, in Washington.
Mark Schiefelbein/AP
Law & Courts Iowa's Book Ban Is Reinstated by Appeals Court But Case Against It Will Continue
The Iowa law bars books depicting sex in school libraries and discussions of sexual orientation and gender identity in preK-6.
4 min read
An LGBTQ+ related book is seen on shelf at Fabulosa Books a store in the Castro District of San Francisco on Thursday, June 27, 2024. "Books Not Bans" is a program initiated and sponsored by the store that sends boxes of LGBTQ+ books to LGBTQ+ organizations in conservative parts of America, places where politicians are demonizing and banning books with LGBTQ+ affirming content.
An LGBTQ+ book section is seen at Fabulosa Books, a store in San Francisco, on June 27, 2024. A federal appeals court has reinstated an Iowa law that prohibits books depicting sex from public school libraries. Challengers claim the law has led school districts to remove scores of books out of fear of violating the law.
Haven Daley/AP