A New York judge has given state policymakers until May to craft a plan to add $5.63 billion to the New York City school budget and produce a $9.2 billion capital plan to fix the city鈥檚 school buildings.
The order set off what plaintiffs call 鈥渙ne last-ditch鈥� effort to settle a 12-year-old school finance lawsuit, Campaign for Fiscal Equity v. State of New York. The case remains unresolved almost two years after the state鈥檚 highest court ruled that the state inadequately funds the nation鈥檚 largest school district.
The Campaign for Fiscal Equity will 鈥渕ake sure that every effort is made to get compliance and not have any more appeals,鈥� said Michael A. Rebell, the executive director of the New York City-based group that sued the state on behalf the city鈥檚 schoolchildren.
But while Gov. George E. Pataki plans to negotiate with the CFE and legislators over the order, he also said through a spokesman that he plans to appeal the order.
The governor 鈥渃ontinues to believe that we need a statewide solution and that these decisions should be made by elected representatives of the people, not the courts, and therefore an appeal will be filed,鈥� Kevin Quinn, a spokesman for the Republican governor, said in a statement.
Reaching a solution before the court-imposed deadline appears unlikely, according to one education advocate.
State leaders already have a lot on their plate, such as finding ways to finance skyrocketing Medicaid and health-insurance costs and draw up a long-term capital plan for the New York City-area transit system, said Robert N. Lowry, the deputy director of the New York State Council of School Superintendents.
鈥淚 can鈥檛 see the governor and the legislature reaching an agreement on [school funding] in 90 days,鈥� Mr. Lowry said. 鈥淚 fear that they are apt to say 鈥� this is not an issue for this year.鈥�
Mr. Quinn said that the governor鈥檚 decision to appeal last week鈥檚 ruling should not discourage negotiations. The state and the plaintiffs could 鈥渞each a consensus on an agreement鈥� while the appeal is being considered, he said in an interview.
Last year, Gov. Pataki and the legislature failed to respond to a 2003 order from the New York Court of Appeals鈥攖he state鈥檚 highest court鈥攖o ensure that New York City had enough money to provide its 1.1 million students a 鈥渟ound, basic education.鈥�
Missed Deadlines
That led to last week鈥檚 order from New York Supreme Court Justice Leland DeGrasse, the trial-court judge in Manhattan who is overseeing the case.
On Feb. 14, Justice DeGrasse endorsed the recommendations of three distinguished jurists he had assigned to advise him on a solution. That panel suggested that the state should make sure that the city receives a $5.63 billion increase over its current annual operating budget, which is $12.6 billion to be phased in over four years. That represents about a 44 percent increase over its operating budget of state, local, and federal funds.
The panel also endorsed the CFE鈥檚 proposal for a $9.2 billion capital program to improve school facilities throughout the city. (鈥淣.Y.C. Schools Require Billions, Judge Told,鈥� Dec. 8, 2004.)
Justice DeGrasse, however, did not say he would fine the state for failing to comply with the Court of Appeals deadline last year鈥攁 penalty that CFE lawyers had requested. But he did hint that he would fine the state if it failed to comply with the order, CFE lawyers said in a conference call with reporters.
鈥淗e鈥檚 bending over backward to give the legislature another opportunity,鈥� Mr. Rebell said.
Joseph Wayland, an outside counsel for the CFE, said: 鈥淣ow that he has an order in place saying 鈥榵, y, and z,鈥� if they don鈥檛 do 鈥榵, y, and, z,鈥� they鈥檒l be held in contempt.鈥�
Such fines may be moot, though, if the state files an appeal. Under New York law, court orders are not enforced while they鈥檙e pending an appeal.
Possible Delays
But Mr. Rebell said he plans to argue that the state shouldn鈥檛 be protected by such a rule because it has failed for almost two years to fix constitutional problems already found by the state鈥檚 highest court.
鈥淭here are good arguments why the motion to lift the stay will be successful,鈥� said Mr. Rebell, who has strung together a long list of court victories in the case. (鈥淲inning Ways,鈥� Jan. 5, 2005.)
The CFE lawsuit is directed only at the New York City schools, but the group, Gov. Pataki, and most legislators are committed to finding a solution that will aid every district in the state.
鈥淲e remain completely focused on reaching a statewide solution that will benefit children in New York City and every corner of the state,鈥� Mr. Quinn, the governor鈥檚 spokesman, said in his statement.
Mr. Rebell said his group would lobby for a plan that would provide an additional $3 billion a year for districts outside New York City. Like the New York City aid, the money would be phased in over four years.
