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DECEMBER 2003

"Implementing" the CFE Decision
by Assemblyman Steven Sanders

When the State's highest court, the Court of Appeals, issued its landmark ruling in the Campaign for Fiscal Equity (CFE) case last June, the Legislature and Governor were directed-to ensure New York City has adequate resources to provide children with a sound, basic education-to "implement" a new State school aid formula by July 2004.

We in the Assembly majority believe that "implement" must mean that a first down payment is made, that substantial new additional resources are appropriated to impact the New York City public schools by September 2004. "Implement" does not mean merely that a plan has been agreed to by the Legislature and the Governor to go into effect two, three or five years later, with no substantial new resources provided in the next budget in time for next fall's school year. A new statewide school aid formula, we believe, along with appropriations at an ample level in the next budget, is not negotiable. Rather, it is required, so that what the Court mandated is in fact in place, or operational, by the Court's firm deadline of July 30, 2004.

While it is true that the CFE decision specifically relates to school financing and State aid only to the New York City public schools, the Assembly believes that in the interests of fairness, equity, and doing what is correct for students in similarly under-funded districts across the State, that the Legislature and Governor must come to terms with a new and realistic funding formula for each of the over 700 school districts statewide-rather than addressing the constitutionally inadequate level of funding to New York City schools alone.

To that end, as Chairman of the Assembly Education Committee I have been conducting hearings around the state since October to get public input about how much money is needed and where it should be best invested. By mid-December, we will have concluded seven public hearings-in New York City, Albany, Buffalo, Rochester, Syracuse, Watertown and Suffolk.

Additionally, a number of costing-out studies-professional analyses across the state, district by district, to determine what level of funding each district needs to provide what the Court delineated as components of a modern sound, basic education-will be completed within a month.

The Assembly is determined that when we adopt the budget for the next fiscal year it will include a down payment, or first substantial increase in State aid for New York City schools and other districts, to satisfy the findings of the Court and be in place with the school year beginning next September.

We are, I caution, suspicious about Governor Pataki's sincerity in meeting the July deadline. The Governor, who wasted two precious and irreplaceable years of children's educational lives in an ill-advised appeal of the lower court CFE ruling, has appointed a commission on school funding that is charged with reporting back to him in March, by which time it will be too late under State law for the Governor even to amend his own education budget proposal. Consequently, we in the Assembly majority will be looking closely in January at precisely how much money the Governor includes in his executive budget for New York City public schools.

The courts have had the last word and our children have waited way too long. Governor, it is time to take action. We are ready to work with you.#

Assemblyman Steven Sanders is Chairman of the Education Committee. You can contact him by mail at 201 East 16th Street, New York, NY 10003, by e-mail at sanders@assembly.state.ny.us or by phone at (212) 979-9696.

 

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