September 12, 2016

Good afternoon:

I am happy to report that there has been a key development in the New Yorkers for Students' Education Rights (NYSER) lawsuit against the State of New York. As you remember, in 2014 the Statewide School Finance Consortium joined other education advocates to enforce a 2006 ruling to increase state Foundation Aid to public school districts and create a sustainable funding accountability system.

Last Thursday, the Appellate Court denied the State's motion to dismiss and upheld NYSER's claims, allowing the case to go to trial. This is a major step in ensuring that the State fulfills its constitutional obligation to each student!

APPELLATE COURT AFFIRMS 'VALIDITY' OF SCHOOL FUNDING CASE

POLITICO New York's Keshia Clukey: A lawsuit that seeks to compel more equitable school funding could proceed to trial, following a state appellate court ruling on Thursday . The case, which seeks to enforce a 2006 decision on state Foundation Aid, could require the state to contribute more than $4 billion for public schools statewide and create a sustainable funding accountability system. It also could mean the release of $290 million in aid that was withheld from New York City schools, after the state failed to implement a new teacher evaluation system by the state's January 2013 deadline.

The suit , New Yorkers for Students' Education Rights v. New York, was filed in 2014 by a coalition of statewide organizations, parents and education advocates. It alleges the state is still underfunding schools - and thereby infringing on students' constitutional rights - by not complying with an earlier court order to increase funding to districts. The state, represented by the Office of State Attorney General Eric Schneiderman, filed a motion with the Appellate Division to dismiss the case, and oral arguments were heard in February. The state contends that it has already complied with a previous court order and has since significantly increased funding for all school districts statewide. ... 

The Supreme Court Appellate Division First Department in a unanimous decision Thursday denied the motion to dismiss and upheld NYSER's claims, allowing the case to go to trial. 'When you get an Appeals Court to affirm even more strongly the validity of your basic claims, that's reinforcing,' said Michael Rebell, the lead attorney for the plaintiffs. 

The state   can try to appeal the decision. 'We are considering our legal options moving forward,' Doug Cohen, a spokesman for the Attorney General's office, said in an email. In the interim, the plaintiffs are deciding whether to ready for trial or reconsider summary judgment." [PRO]   http://politico.pro/2caG1K0 , read the decision here: http://politi.co/2csNDcA .