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Campaign for Fiscal Equity

Tue, Mar 25, 2008

CFE Pleased With Ruling on Monroe County F.A.I.R. Plan

Court Ruled that Monroe County Cannot Legally Take Sales Tax Away From Area School Dstricts.

New York, NY – On Friday, March 21, 2008, the Appellate Division, Fourth Judicial Department, of the Supreme Court of the State of New York ruled against the Monroe County Legislature holding that the county cannot legally take sales tax away from area school districts. The F.A.I.R. Plan would have reduced funding by $29 million for the 24 affected school districts.

The Campaign for Fiscal Equity, Inc. (CFE), the non-profit organization working to protect and promote the constitutional right to the opportunity for a sound basic education in New York, had filed an amicus brief in support of the Monroe County school districts.

Upon learning of the Appellate Court ruling CFE’s Executive Director Geri D. Palast stated: “We are pleased with the Court’s ruling. Finally last year after a 14 year struggle to ensure that our schools receive adequate funding, landmark increases in education aid were enacted by our state legislature. Reducing school funding by use of a Medicaid sales tax intercept is contrary to the text and the spirit of the school finance reform laws which are intended to remedy the inadequacies identified in the CFE litigation. We must see that our children’s schools receive the funding – all the funding – that they are due.”

Court's Full Decision (pdf).

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 >