New York Supreme Court Judge Leland
DeGrasse recently rendered a decision that has sent shockwaves through the political and
educational establishments of New York and the nation.
Not since the United States Supreme Court decision in Brown vs. the
Board of Education in 1954, has there been a ruling with such profound implications
mandating an equal education for all children.
Justice DeGrasse, recognizing that the current formula for funding
public education in New York discriminates against students in New York City, ordered
monumental changes to provide adequate funding for a sound basic education for students in
this city. The adjusted formula must take into account all of the elements for successful
schools . . . qualified teachers, reasonable class sizes and sufficient resources and
supplies to meet current and future needs. So the judge ordered a wholesale change in the
formula that the state uses to appropriate school funds.
The State Legislature has known for years that the funding formula is
inequitable. However, they have failed to act.
Thus, a disproportionately large number of dollars have gone to the
districts with the smallest needs, while those with the greatest needs have suffered. In
this arrangement, the larger cities like New York and Buffalo have been unable to address
the problems of over-crowding, immigration, etc.
The formula also works against the maintenance of stable communities.
When integration (brought about by fair housing lawsuits) was mandated in the 60s
and early 70s, there was a great exodus of whites from the cities to the emerging
suburbs. They were soon followed by an evolving African-American middle class. This
unintended consequence was devastating for communities and schools.
As the schools declined, more of the middle class left. More dollars
shifted to the suburbs and studies postulated that money didnt matter. Obviously it
mattered in the suburbs, but not in the cities. So New York City was shortchanged.
Although a significant portion of the middle class left, the immigrant
population grew and the percentage of poorer families increased. Yet, the funding formula
for education did not change favorably for the city.
There was a time when the New York City education system was world
class. Now some areas are still very good, but far too many are woefully bad.
Judge DeGrasse understands this and ordered the state to change its
funding formula. He argues that the state has not provided the opportunity for a sound
basic education for the students of New York City. He further stated that the current
practice constitutes an unjustified disparate impact on minority students.
In light of federal and state laws that were designed to eliminate the
practices that have been manifested in the state, the formula must be changed immediately.
Too many schools are understaffed, have disproportionate numbers of uncertified, untrained
teachers, lack basic resources and are far from being able to prepare students with
supportive technology.
It is interesting that in Governor Patakis State of the State
Speech, he decried the disproportionate formula, yet, after the judges decision, he
appealed. I hope that the speech was not mere rhetoric, and that he will design or support
a legislative measure to remedy the problem. There are too many low performing schools in
the city. The status quo needs changing.
Judge DeGrasses decision speaks to an urgent need to bring hope
to the masses of poor people who are victims of the current formula construct. Their only
hope is that the judges decision will be implemented.