June 2003 Vol. XVII, No. 6     

2003 LEGISLATIVE SESSION ENDS WITH A WIMPER

* As of the writing of this newsletter, the Commissioner, under considerable pressure, has decided to cancel the results of the Math A Exam. Our thanks go to all districts that participated in our “instant survey” on pass/fail rates. This survey assisted us greatly.

The 2003 regular Legislative session ended late on Friday afternoon, June 20^th, with much hectic activity, including efforts to cancel the Math A Exam results*, but relatively  little accomplished beyond passage of a state budget via overrides of a Governor’s veto. Ostensibly, the effort expended and the ruffled feathers caused by the override votes left the Legislature with less willingness to tackle and solve many of the remaining post-budget issues such as Rockefeller Drug Law reform, power plant citing and Rent Control reform. As a result, the Senate and Assembly left Albany with an unusually full agenda for a possible Fall special session.

Of special note to small city school districts are the following bills which passed both Houses of the Legislature and await delivery to the Governor: S.2295/A.3871 by Sen. Kuhl and Assemblyman Canestrari, which authorizes a statewide referendum in November to repeal the 5% debt ceiling on small city school districts (does not need to go to Governor’s desk); S.1687-B/A.3806-A by the same sponsors, which would impose a 10% debt ceiling if the referendum is approved; and S.2023/A.7016 which excludes fuel cost increases from the contingency budget cap. With respect to the debt ceiling referendum, the Association has formed an ad hoc committee to discuss the challenges that will be presented in its attempt to secure statewide approval. Any who wish to participate in this committee should contact the Association at rbiggerstaff@degraff-foy.com. The Committee includes Association President Vito DiCesare, Superintendent of Beacon CSD, Scott Wexler, Albany CSD board member and Norma Barton, Canandaigua CSD board member.

  Other bills of interest, which passed, include S.4452/A.8410 (district superintendent salary cap); S.5059-A/A.8843 (extension of criminal background checks law for conditional employees); and several individual district bills, S.597/A.1133 (Ithaca CSD), S.4095/A.7979 (Amsterdam CSD), S.4945/A.8465 (Gloversville CSD), S.5311/A.8393-A (Rome CSD) and S.3926-B/A.7922-B (Niagara Falls CSD). These bills represent only the highlights of the many monitored by the Association. If there is need for more information on these or other bills, contact the Association at rbiggerstaff@degraff-foy.com or look to the website at http://scsd.neric.org.

NO CHILD LEFT BEHIND ACT FOCUS GROUP MET

MAY 7, 2003 IN ALBANY

Tom McGowan, Superintendent of Glens Falls CSD and Norma Barton, board member from Canandaigua CSD, attended a NCLB focus group held in Albany on May 7^th.  At this meeting, along with our representatives from the Association, were representatives from the District Superintendent’s office, the NYC Administration, NYSUT and the NYS Association of Psychologists.

The purpose of the focus groups was to identify criteria for persistently dangerous schools. The identifying of persistently dangerous schools is part of the State’s requirements under the NCLB Act and is linked to SAVE legislation.

SED reviewed the process for developing criteria and set state timelines for completion and submission to USED/NCLB.  The group reviewed the Summary of Violent and Disruptive Incident reporting sheet and a number of ‘questions to consider’. These questions included which incidents (any or all) currently required under the new Uniform Violent Incident Reporting System (UNIVR) should be included in making the determination that a school is “persistently dangerous” and why.

• Homicide
• Weapons (Possession Only)
• Weapons Use
• Personal Injury or Intimidation (Assault, Criminal harassment, Intimidation or bullying, Menacing, Reckless endangerment, Kidnapping)
• Sexual Offenses
• Use, Possession, or Sale of Drugs, or Alcohol
• Bomb Threat, False Alarm, Arson, or Riot
• Theft
• Burglary
• Criminal mischief

 Both the Summary of Violent and Disruptive Incidents worksheet and the Defining Persistently Dangerous Schools focus Group worksheet, along with other meeting materials, are available for review by contacting Beth at ebiggerstaff@degraff-foy.com or 518-462-5300.

SUMMER CONFERENCE UPDATE

August 10-11, 2003

Below is the two-day schedule for this year’s Summer Conference as of May 29^th.  Please feel free to contact Nancy DePaulo (nedpaulo@degraff-foy.com or 518-462-5300) if you see a place where you would like to participate.

SUNDAY, AUGUST 10^TH

CONFERENCE THEME: BREAKING THE EQUITY BARRIER THROUGH TECHNOLOGY

·        12:00 pm – 2:00 pm     Registration Table-Hotel Lobby

·        12:00 pm – 5:00 pm     Golf/Other

·        3:00 pm                       Check in – The Thayer Hotel

·        4:15 pm – 5:00 pm       Board of Directors Meeting 

·        5:30 pm – 6:15 pm       Reception

·        6:15 pm – 8:15 pm       Dinner

·        7:00 pm – 7:30 pm       Speaker:  Eric Cooper,

      National Urban Alliance

MONDAY, AUGUST 11^TH

·        8:00 am – 9:00 am         Registration Table- Lobby

·        8:00 am – 9:15 am         Breakfast & Annual Meeting

·        9:30 am – 11:00 am       Seminar:  Tech Connect        

·        11:15 am – 12:15 pm     Seminar:  International Reading
                                                                   Assoc.

·        12:30 pm – 2:00 pm      Lunch

Topic:  “Experts among us” Reflecting on Equity Barrier and Technology Best Practices relating to Technology and Student Achievement

We are looking forward to another productive and informative conference.

LEGAL CORNER

CFE:

ORAL ARGUMENTS HEARD IN THE COURT OF APPEALS

On May 8, 2003, the New York State Court of Appeals heard oral argument on the ten-year challenge by the Campaign for Fiscal Equity (CFE) against New York State’s inequitable education funding system.  The argument began with Joseph Wayland of Simpson Thacher & Bartlett, who was serving as co-counsel to Michael A. Rebell, CFE Executive Director and Counsel.

The Court expressed several areas of concern in its questioning of the attorneys for both parties.  For example, the Court noted that while New Jersey’s education funding system was ruled unconstitutional years ago, the parties continue to battle in court over the ways in which the system must be changed.  Mr. Wayland assured the Court that the changes proposed by CFE are specifically designed to address the root of the funding problem and, therefore, a decision in CFE’s favor will not result in a perpetual need for judicial intervention.  Michael Rebell’s argument, further distinguished the CFE matter from the New Jersey litigation by noting that, unlike Judge DeGrasse’s trial court decision in the CFE case, no guidelines or remedies were provided in the reviewing court in the New Jersey litigation and the parties to that action were left with little direction in their efforts to address the problem.

Mr. Rebell also noted that CFE proposes a requirement that challenges to the revised funding system could only be brought if they are “systemic and sustainable,” meaning only those problems that are universally prevalent and persist for a period of time could be raised for judicial review.  Consequently, the courts would not be flooded with complaints concerning isolated matters.

Another major concern of the Court was the issue of which governmental entity ought to determine the definition of a “sound basic education.”  The Court said that CFE’s goal of defining a “sound basic education” as equivalent to a student’s earning of a high school diploma coupled with the fact that a Regents degree will soon be required in order to graduate with a high school diploma will effectively give the Board of Regents the responsibility to determine a “sound basic education.”  The Court expressed an adamant refusal to allow the Board of Regents to establish the standard for a “sound basic education” because the same kind of public accountability does not exist for members of the Board of Regents as it does for members of the judiciary and legislature.

Another concern expressed by the Court during both the argument on behalf of CFE and that of the State, represented by Deputy Solicitor General Daniel Smirlock, was the issue of whether the Legislature or the judiciary is responsible for designing an adequate funding scheme.  The Court was particularly sensitive to the issues involving the separation of powers, triggered by the assignment to either the Legislature or the judiciary of the task to define a “sound basic education.” 

Mr. Smirlock’s argument appeared to create somewhat of a distance between the express language of the Appellate Division and the position taken by the State.  In particular, when asked about the Appellate Division’s determination that an 8th or 9th grade education was constitutionally sufficient, Mr. Smirlock stated that the Appellate Division’s decision in CFE II did not say, or did not mean to say, that an 8th or 9th grade education was adequate.  Rather than defining a “sound basic education” in terms of grade level, Smirlock suggested that the standard would more appropriately be determined in terms of accomplishment in basic reading and calculating.  When asked about the level of employment an individual with a “sound basic education” should be able to obtain, Mr. Smirlock answered that the State is responsible to ensure only that students are well-enough educated so as not to be a burden on the public fisc. 

Significantly, when Mr. Smirlock was confronted with a number of difficult questions regarding the condition of New York City schools and the performance levels of the students educated in them, he was left with no alternative but to confirm the unfit conditions.  For example, when asked whether it is true that 16,000 New York City students have no access to earth science labs, Smirlock was left with no response other than a confirmation of that figure.  Smirlock acknowledged that New York City students do not perform as well as students in other areas of the State but, nonetheless, argued that they are still performing adequately. 

Mr. Smirlock concluded his argument on behalf of the State by insisting that adequate expenditures are currently being made to education funding.  Additionally, he noted that the State is currently implementing sweeping reforms.  Therefore, he concluded that, to the extent that the system is currently “broken,” it is already being fixed.

Finally, counsel for CFE affirmatively stated that the need for education funding reform is not limited to New York City.  Rather, such reform must be implemented throughout the State.  According to the attorneys for CFE, 38% of New York State students are located in New York City.  If the State is going to implement changes for 38% of New York students, it ought to do so Statewide.  Moreover, counsel for CFE relied on the fact that school districts throughout the state have expressed their uniform agreement that education funding reform is absolutely necessary in order for New York students to have the opportunity to receive a “sound basic education.”

MEMBER NEWS

ALBANY CSD

HAS NEW SUPERINTENDENT AS OF JULY 1^ST

Albany CSD has named Michael Johnson as superintendent following Lonnie Palmer’s retirement this year. Mr. Johnson comes to Albany from Queens where he was superintendent of Community School District 29. Johnson has held positions as a microbiology technician, energy management consultant, teacher, principal and superintendent. He holds a master’s degree from Bank Street College in NYC and is nearing the completion of a doctorate at Columbia University’s Teachers College. His thesis is focusing on African-American students and academic achievement. The Times Union reported Johnson is, “eager to become part of city” and to “challenge district’s students”.

DATES TO REMEMBER

JUNE 5, 2003 (PLEASE NOTE THIS DATE HAS BEEN CHANGED)
ASSOCIATION BOARD MEETING
12:00pm
DeGraff, Foy – Albany

AUGUST 10-11, 2003
SUMMER CONFERENCE, ANNUAL MEETING AND BOARD MEETING
Thayer Hotel, West Point