31 July 2004
Bernadette Medige
Contempt of court charges contemplated against Pataki in CFE case
Midnight, July 30th marks the deadline that Judge Leland DeGrasse imposed on the state to come up with a plan to fund education fully and equitably across the state in the Campaign for Fiscal Equity (CFE) lawsuit. The state was found to be negligent in carrying out its constitutional obligation to provide a sound education to children across the state, after months of battling out in the courts what that means. You may remember Pataki insisting the state was only obligated to provide up to an eighth grade education.
The Alliance for Quality Education (AQE) marked the occasion Thursday with a press conference to apply pressure on the governor and legislature as the deadline approaches, urge parents to join them in future actions to demand full and equitable funding (call AQE at 855-1522) and to announce their intention to charge the governor with contempt of court should this deadline be missed. Speaking on behalf of the students of Buffalo Public Schools were Denise Hanlon, Vice President Buffalo Board of Education; Phil Rumore, President Buffalo Teachers Federation; Sherry Byrnes, AQE committee member, parent and former Buffalo school board member; Anthony Palano, President Administrators union, School 39 Principal; Jim Anderson, AQE committee member, Statewide Steering committee; and AQE members and parents Desiree Radford, Bryon McIntyre and myself.
Assuming that the governor and the legislature will fail to act in time, the judge will issue an order to appoint one or three special masters on August 3rd. It will be their task to review the proposals submitted by Pataki, the State Senate and the Assembly and determine actual costs needed within 90 days, according to the plaintiffs. There is a little wiggle room if they act by that court date. In the meantime, CFE may request an injunctive order from DeGrasse to ensure enough funding for the beginning of the coming school year.
Three separate studies found that virtually every district in the state is under funded and proposing varying recommendations for increases. These are:
1. Campaign for Fiscal Equity conducted a costing out study, which was described in Buffalo Report, with a list of district-by-district current expenditures vs. recommended increases.
2. The so-called Zarb Report, named for the chairman of Pataki’s Commission on Education Reform, chaired by Frank E. Zarb formerly the chief executive of NASDAQ.
3. Standard and Poor’s Resource Adequacy Study for the New York Commission on Education Reform
It is entirely possible, however, that since the lawsuit is specific to New York City, the special masters and the court will only address New York City for the time being. Though the case has statewide implications that will be addressed, it is possible that Buffalo will not see any increases due from this lawsuit for another year or more.
Copyright 2004 by Buffalo Report, Inc.