Wed, Dec 16, 2009
Education Groups Sue Paterson
David King, Gotham Gazette
Education groups announced today that they have made good on their threat to sue Gov. David Paterson for withholding education aid.
The lawsuit was filed in state Supreme Court in Albany County by New York State United Teachers, New York State School Boards Association, New York State Council of School Superintendents; and the School Administrators Association of New York State. Other education groups that support the suit include the Campaign for Fiscal Equity, the New York State Association of School Business Officials and the state PTA.
Paterson made the unilateral move of withholding 10 percent of school and municipality aid payments that were scheduled to be made yesterday.
Paterson said the state simply does not have the cash on hand to make good on the full payments. Paterson tried to bolster his legal standing by making the cuts across the board instead of targeting well-off districts.
The coalition says Paterson is in violation of the separation of powers clause of the constitution because he and the legislature have oversight over the budget. They say Paterson failed to get the legislature to support the cuts and has resorted to illegal means to cut spending.
Some legislators indicated they might get involved in the legal battle if 0
Arguments are expected to be heard early next year.
Here is a statement from New York State United Teachers:
A broad coalition of education advocates and citizen taxpayers, seeking to protect school programs from elimination, stop employee layoffs and prevent dramatic property tax increases, today filed suit against Gov. David Paterson, saying he acted illegally and unconstitutionally by withholding state funds allocated by the state Legislature for school districts.
The lawsuit was filed in state Supreme Court in Albany County by New York State United Teachers; New York State School Boards Association; New York State Council of School Superintendents; and the School Administrators Association of New York State. Other education partners, including the Campaign for Fiscal Equity, the New York State Association of School Business Officials and the state PTA, signaled their strong support.
The suit states the governor is violating the separation of powers doctrine of the state Constitution ‚Äď and the constitutional guarantee of ‚Äúa sound, basic education‚ÄĚ for students ‚Äď by ordering the withholding of millions of dollars in state aid payments to school districts when the Legislature not only approved those payments, but specifically rejected proposed education cuts by not enacting a bill submitted by Paterson on Nov. 25 as part of his deficit reduction plan.
‚ÄúThe governor may not agree with the Legislature‚Äôs spending priorities and may indeed have profound concerns about the results, but once he signed the state budget in April and approved the deficit reduction plan, he is constitutionally and legally bound to follow the law,‚ÄĚ said NYSUT President Richard C. Iannuzzi. ‚ÄúThe governor is overstepping his bounds. He clearly lacks any legislative, statutory or constitutional basis to withhold funds from school districts, and by doing so, he is harming children and their schools.‚ÄĚ
‚ÄúSchool districts cannot provide educational programs to students in an unpredictable and chaotic funding environment,‚ÄĚ said NYSSBA Executive Director Timothy G. Kremer. ‚ÄúThe governor‚Äôs unilateral midyear cut to schools has already created havoc and uncertainty in many districts, as they study their options ‚Äď all of which have adverse consequences for taxpayers. We are deeply concerned about the governor‚Äôs action to withhold or delay payments to schools in the future.‚ÄĚ
Kremer added, ‚ÄúSchool boards are bracing themselves for the tough fiscal challenges that lie ahead, when federal stimulus funds expire and costs continue to skyrocket. What we expect of our leaders is long-term financial planning and greater fiscal certainty, not chaos and doubt.‚ÄĚ
‚ÄúThe law is the law,‚ÄĚ said Dr. L. Oliver Robinson, president of the New York State Council of School Superintendents. ‚ÄúIn seeking to delay school aid and STAR payments, Governor Paterson is choosing to ignore laws which require the state to pay certain amounts of aid to schools by certain dates. We are taking legal action today in part to prevent any governor from ever ignoring those same laws to permanently withhold aid.‚ÄĚ
Robinson added, ‚ÄúAs it is, Governor Paterson threatens that he may seek to turn these delays into permanent cuts. This puts school leaders in an impossible position. We cannot tell students, ‚ÄėPotentially, we will keep your teacher on the job,‚Äô or ‚ÄėPotentially, we will continue the extra help you receive.‚Äô We cannot tell employees or suppliers, ‚ÄėPotentially, we will pay you what we owe.‚Äô‚ÄĚ
Kevin Casey, executive director of the School Administrators Association of New York State, added, ‚ÄúThe governor‚Äôs action will deprive children of educational programming that many will not have the opportunity to make up. It also eviscerates the school district budget approval process, rendering meaningless the district budgets approved by district taxpayers.‚ÄĚ
‚ÄúThe opportunity for a sound, basic education is a state constitutional right that ensures that our children are given the tools to thrive and drive the economy. Despite a court order and a legislative agreement to honor this commitment, the governor continues make proposals that turn back the clock on providing adequate school funding to achieve this goal. This delay will necessitate layoffs, as well as program and resource cuts,‚ÄĚ said Geri D. Palast, executive director of the Campaign for Fiscal Equity, the education advocacy organization that led the successful constitutional challenge to New York state‚Äôs school finance system. ‚ÄúThe governor‚Äôs decision to withhold education aid ignores a clear constitutional mandate, and it will have a profoundly negative impact on this state‚Äôs most valuable asset, its children.‚ÄĚ
‚ÄúIf the governor‚Äôs actions are allowed to stand, and this aid payment guessing game is allowed to continue, school districts will have no choice but to make management decisions that are counterproductive to sound financial practices,‚ÄĚ said Deedrick Bertholf, NYSASBO‚Äôs executive director.
New York State Congress of Parents and Teachers President Susan Lipman added that the governor‚Äôs decision ‚Äúpresents serious fiscal implications on the ability of local school districts to continue to provide necessary educational services to children. Lipman said the state PTA ‚Äúsupports the efforts of NYSSBA, NYSUT and other education advocates in seeking injunctive relief to stop the governor from taking these steps.‚ÄĚ
NYSUT Executive Vice President Alan B. Lubin agreed that the withholding of school aid would likely mean larger classes and the inability of districts to fund programs ‚Äď such as speech therapy and extracurricular activities for children ‚Äď and pay teachers and staff.
‚ÄúSchools rely on state education funding and local property taxes to provide New York‚Äôs children with the sound, basic education they are guaranteed under our Constitution,‚ÄĚ Lubin said. ‚ÄúThe governor‚Äôs decision to withhold school aid has already led to layoff notices and worries that school districts will not be able to fund important programs, make payments to vendors and, in some cases, even meet payroll.‚ÄĚ
The lawsuit seeks to stop the governor from usurping the constitutional policy-making authority of the Legislature, and asks the court to order the governor to release the appropriated funds immediately. The suit notes that, if the court does not stop the governor‚Äôs actions, ‚ÄúHe will only be emboldened to take other ‚Ä¶ unilateral action, further unbalancing the three coordinate branches of government (and) silencing the voice of the people.‚ÄĚ
‚ÄúThe governor is well-aware that his actions violate the Constitution but he seems intent on carrying through with them regardless of his constitutional obligations,‚ÄĚ the suit states.
Other individual plaintiffs include Doug Becker, a math teacher in Churchville-Chili; Brian Boyd, a fourth-grade teacher from Yonkers; George Heidcamp, president of the board of education in Saugerties; Paul Hetland, a social studies teacher from Rochester; Florence D. Johnson, a member of the board of education in Buffalo and president-elect of NYSSBA; Kimberly Petramale, a math teacher in Saugerties; and Harry B. Reeder, a member of the board of education in Herkimer.
In addition to Paterson, the suit names as defendants the state Division of Budget and Budget Director Robert L. Megna, as well as state Comptroller Thomas DiNapoli.
Parents from across the state march on the Capitol in Albany to show support for CFE.
CFE v. State of New York
In 2006, after 13 years in the Courts, the New York State Court of Appeals affirmed the right of every public school student in New York to the opportunity for a sound basic education and the state‚Äôs responsibility to adequately fund this right, but deferred to the Governor and the Legislature to determine the appropriate amount. more >