NEW YORK STATE ASSEMBLY
For Immediate Release:
August 3, 2004

Assembly Majority Submits
Education Funding Reform Plan to Court

Sanders: "Ours Is The Only Plan That Responds To Goals Set In CFE Case"

Noting that the Assembly's education reform proposal is the only plan presented by any branch of state government that truly responds to the criteria established by the court last summer in the Campaign for Fiscal Equity (CFE) case, Education Committee Chair Steve Sanders today announced that the house has submitted the proposal to the State Supreme Court in Manhattan for its consideration.

In addition to the Assembly plan, a letter was also sent by Assembly counsel to the court strongly disputing assertions made on behalf of the defendant in the case (the State of New York) in a July 30 letter to Judge Leland DeGrasse by State Deputy Attorney General Richard Rifkin.

"The State's letter reads like a cut and paste synopsis of press releases issued by the governor and is devoid of a full understanding of the state constitution and of what has transpired over the history of this case - particularly over the last year," said Sanders. "The Rifkin letter is an affront to our judicial system, the plaintiffs in this case and those of us who have legitimately accepted the court's challenge and tried to do the right thing for the children of this state."

In addition to the legal and historical misrepresentations contained in the letter, Sanders expressed his frustration with Governor George Pataki, that even at this late hour, he continues to employ "tactics of delay and denial."

In contrast, the Assembly education funding reform plan, advanced by Speaker Sheldon Silver and Sanders and approved by the Assembly in June, ensures that every school district in the state receives the resources needed to provide a quality education by establishing a new operating aid formula based on a district's actual need and without employing a 'Robin Hood' approach.

"Targeting additional state aid to high-need school districts is a key requirement laid out by the court under the CFE decision. We address this mandate by providing significantly more resources for the state's high-need school districts than either the governor's or Senate's proposals," said Sanders. "Our plan fulfills the requirements of CFE and responds to the unique opportunity to overhaul, in a statewide manner, the way our state distributes education resources."

Sanders noted that the Assembly Majority proposal would phase in an additional $6.1 billion more in operating aid for schools over the next five years - with New York City schools receiving 63.9 percent of that funding and more than 86 percent going to high-need districts across the state.

According to Sanders, the Assembly, in response to direction of the court, also establishes the cost of a sound, basic education, reforms the funding formula, ensures that every school has sufficient resources and enhances accountability.

The complete details of the Assembly's plan -

Click here to view the Report of the Ways And Means Committee on the New York State Assembly School Aid Reform Proposal

Letter sent to Judge DeGrasse on August 3, 2004:


THE ASSEMBLY
STATE OF NEW YORK
ALBANY
William F. Collins
Counsel to the Majority ROOM 448m, CAPITOL
ALBANY, NEW YORK 12248
(518) 455-4191
FAX: (518) 455-4103

August 3, 2004

Hon. Leland DeGrasse
Supreme Court of the State of New York New York County Courthouse
60 Centre Street
New York, New York 10007

Re: CFE v. State of New York Index No. 111070/93

Dear Justice DeGrasse:

Article XI, Section 1 of the NYS Constitution imposes upon "the legislature" the obligation to provide "for the maintenance and support of free common schools" in which, according to the State's highest court, all the children in the state shall be afforded the opportunity for a sound, basic education". Curiously, the exercise of legislative prerogatives has been pointedly and inexplicably ignored in a July 30, 2004 letter to the Court from Deputy Attorney General Richard Rifkin on behalf of the State in relation to the above-referenced matter. Rather, such letter appears to be largely a "cut-and-paste" copy of certain gubernatorial press releases.

The Assembly respectfully directs the Court's attention to the following public documents and requests that the Court take judicial notice of these actual legislative efforts to exercise actual legislative prerogatives concerning the maintenance and support of New York's public education system:

ATTACHMENT A:
Copies of Assembly roll calls which certify the passage of Assembly Bill No. 11692 and Assembly Resolution No. 2541.

ATTACHMENT B: Assembly Bill No. 11692 of 2004. This legislation is the embodiment of the Assembly's comprehensive plan for the support and maintenance of the state's public school system.

ATTACHMENT C: Assembly Resolution No. 2541 of 2004. This resolution is a statement by the Assembly of its intention for the adequate and equitable allocation state funding of public education.

ATTACHMENT D: A publicly-disseminated description and explanation of the contents and import of the foregoing documents.

ATTACHMENT E: The formal documentary evidence of the defeat of Governor Pataki' s proposed "plan" (Assembly Bill No. 40002, introduced at the request of the Governor and printed as Extraordinary Session Assembly Bill No.2) by a vote of its duly constituted Education Committee.

The Assembly, by votes duly taken and recorded by a majority of its Members, has clearly proffered a rational, feasible and comprehensive "legislative compliance plan". Therefore, we respectfully ask this Court to take judicial notice of this plan-and accord it such weight as the Court may deem appropriate in fashioning an appropriate remedy in the instant litigation.

Respectfully submitted,

William F. Collins
Counsel to the Majority

Attachments

Copies (by fax):
Richard Rifkin, Esq.
Joseph F. Wayland, Esq.
Michael A. Rebell, Esq.

Assembly Reform Proposal: 2004-05

LINK (for actual numbers to each school district). NOTE: MANHATTAN 0; Bronx 0; Brooklyn 0; Queens 0; Richmond 0.

In the Assembly plan, a foundation formula approach is utilized, which will provide transparent, predictable school aid and allow school districts to plan their budgets accordingly. This reform initiative provides for a functioning Operating Aid formula that reflects regional cost, student need, and school district fiscal capacity.

The Assembly proposal will increase School Aid by a total of $1.223 billion in School Year 2004-05 over School Year 2003-04. The State Fiscal Year 2004-05 impact is $875 million.

The Assembly proposal will increase Operating Aid by $784 million. There are several consolidations of existing formulas into the new proposed Operating Aid. These include:

Comprehensive Operating Aid
Extraordinary Needs Aid
Reorganization Operating Aid
Growth Aid
Tax Limitation Aid
Educationally Related Support Services Aid
Summer School Aid
In addition, there are other traditional aid categories within General Support for Public Schools where we restore the Governor's cuts and which are either continued or increased in the 2004-05 school aid run. These include:
Universal Pre-Kindergarten Aid
Class Size Reduction Aid
Minor Maintenance Aid
Full-Day Kindergarten
Public Excess Cost Aid - - restores the Governor's cut of $74.93 million
Private Excess Cost Aid - - restores the Governor's cut of $29.64 million
Transportation Aid (including Summer) - - restores the Governor's cut of $63.16 million
BOCES Aid - - restores the Governor's cut of $45.23 million
Limited English Proficiency Aid - - provides a $94.25 million increase that is tied to the new foundation
formula
Building Aid - - restores the Governor's cut of $51.81 million
Building Reorganization Aid
Special Services Aid
Hardware Aid
Software Aid
Textbook Aid
Library Materials Aid
Teacher Support Aid - - restores the Governor's cut of $44.99 million