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Campaign for Fiscal Equity

Tue, Apr 18, 2006

CFE Files Appeal That Asks Highest Court To Require the State To Comply Fully With the CFE Order

CFE's Takes New Step to Bring Final Resolution to CFE Case

The Campaign for Fiscal Equity filed an appeal and an application to the state’s highest court this afternoon that seeks to bring a final legal resolution to the CFE case. CFE asked the Court of Appeals to hold oral arguments within 30 days and to issue a ruling by June. A prompt and specific order would allow the State to enact the multi-year $4.7 billion operating aid increase that was ordered by the lower court as a minimum by the end of the current legislative session.

“We are urging the Court of Appeals to take the immediate steps needed to wrap up the CFE case in this legislative session,” said CFE Executive Geri D. Palast. “In similar cases in other states, courts have issued rulings with very fixed and quick deadlines that have compelled lawmakers to act, and we are asking the Court of Appeals to do the same here.”

Last month, in a 3 to 2 decision, the Appellate Court, 1st Department ordered the State to budget at least $4.7 billion in additional operating aid and $9.2 billion in capital funding for New York City’s schools by the April 1 budget deadline. Although the governor and the legislature enacted the full amount of capital increases, the executive budget that passed last week added only about $400 million in operating aid for the city, falling far short of the required remedy.

As CFE explains in its appeal, “all of the nine lower court judges and referees [of the Supreme Court and the Appellate Division] who participated in the decisions agreed that New York City’s public schools continue to be denied billions of dollars in funds necessary to provide for a sound basic education….The time for deference to the State has long passed and the Court should not permit any further delay.”

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Parents from across the state march on the Capitol in Albany to show support for CFE.
CFE Litigation 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’s responsibility to adequately fund this right, but deferred to the Governor and the Legislature to determine the appropriate amount. more >