November 2004 Vol. XVIII, No. 9

EDUCATION
FUNDING
REFORM
LAWSUIT
UPDATE

On November 2, 2004 the Litigation Steering Committee held a conference call to discuss the next steps in the litigation process.  Bob Biggerstaff encouraged members of the committee to contact those small city school districts which have the greatest state funding deficits, as shown by the report Funding for Achievement, but have not indicated yet whether they will support the lawsuit.  The possibility of reaching out to under funded suburban districts on Long Island was also discussed.  Due to dissimilarities with the small city plaintiffs and the administrative problems at some of these schools, it was decided that contact with the districts should delayed.  It was felt that a few more weeks should be allowed for soliciting additional plaintiff-districts before papers are filed for the suit.   

The litigation survey was also reviewed.  Members of the committee said that it would take some time to complete the survey, although most of the requested information was available from previously prepared documents, such as 655 reports.  Some specific suggestions for changes to the survey were made and these are reflected in the current version.

Bob met with SED on October 27^th to discuss the litigation.  SED Counsel Kathy Ahern said she did not know if the Attorney General would consent to drop SED as named defendant in the Utica CSD lawsuit.  If dropped, SED would be freer to provide financial and statistical information in the case.  A later communication from Utica CSD attorney Don Gerace indicated that the AG would consent to dropping SED. 

Charlie Winters has begun to assemble the necessary information and data for forensic analysis.  He will aid in developing the factual basis for the plaintiffs’ claim.

 The pretrial conference in the Utica lawsuit, originally slated for November 5^th, was rescheduled for December 17^th.  The judge and the parties have agreed to allow Bob Biggerstaff, as a representative of the Association, to attend the meeting.  Later updates will report on the decisions made at that conference.

 As previously announced, the Association’s Steering Committee will hold a meeting on December 6^th from 2 pm to 4 pm at the Fort Orange Club, 110 Washington Avenue, Albany.  All those from districts which have pledged support or decided to become plaintiffs are encouraged to attend.  Please RSVP to Beth at beb@biggerstaff-firm.com or 518-475-9500.

Note: As of the date of this newsletter eighteen small city districts, not including Utica CSD, have passed resolutions supporting the Association litigation. Of those, fourteen* have agreed to be named plaintiffs and four** have agreed to be supporters.

 *Albany, Auburn, Beacon, Binghamton, Cohoes, Corning. Dunkirk, Glens Falls, Jamestown, Newburgh, Niagara Falls, North Tonawanda, Tonawanda and Salamanca 

** Cortland, Hornell, Hudson and Lockport

SCSD HOSTS
BREAKFAST
AT NYSSBA
CONFERENCE

The Association hosted a breakfast for its members on October 22^nd during the annual NYSSBA conference in Buffalo. In attendance, along with Association members, were Tim Kremer and Jay Worna (NYSSBA), Steve VanHousen (ASBO), Jay Siegel, Kathy Alvarez, Bob Lowry, (NYSCOSS), Mike Rebell (CFE), Don Gerace (Utica CSD), and Ben Ferrara (Syracuse CSD and several small cities) to discuss the Association’s Education Finance Reform Litigation.

Bob Biggerstaff, Association counsel, spoke to the gathering and pointed out that the Association has an opportunity to build on the work done by CFE and by doing so could insure that the principles of CFE are applied to small city districts and to all others throughout the state. The Association’s law suit could contribute to the destruction of the dual system of education, one for the rich and one for the poor that has existed in NYS for decades.

He said that a recent Education Trust report found that New York and Illinois have the greatest spending disparity in the nation ($2,000 per child) between rich and poor districts. (NB: the Association’s report, Funding for Achievement, found 35 small city school districts are under funded by at least $1000 per child, of those, 20 by at least $2000 per child and of those, 12 by at least $3,000 per child.)The education community in New York is working hard to make schools succeed. Small city school districts, over the last seven years, have received less than average state aid increases and the gap between need and resources is growing. The patchwork of legislative grants and member items approved each year are not the solution. The political dynamics in New York work against finding a solution to this problem.

While small city school district are collectively only 1/4^th the size of NYC they have all the problems of NYC to varying degrees and some are as grossly under funded.  The CFE Special Masters feel constrained to a recommended NYC remedy only. The Governor, Senate, Assembly, CFE and SED all want statewide reform but are unable to effect it. Small cities spend less per pupil but tax much more than average. For these districts, the system is hopelessly broken and we must address this. He commended the Utica CSD board and the Association board for moving forward with their education funding reform litigation.

STATE
ELECTIONS
NOVEMBER 2 -
CONTESTED
RACES-
LITTLE
CHANGE

To no one’s surprise, most small city school districts will keep their current Senators and Assembly Representatives. Twenty-six Assembly seats representing small cities were contested and of those, twenty incumbents were re-elected. Only in District 126 representing Binghamton CSD did voters choose a new representative, replacing Robert J. Warner (R) with Donna A. Lupardo (D).

Ron Tocci (D) District 91, a long-time advocate of small city budget voting, will be retiring at the end of his term. Democrat George S. Latimer was elected to replace him. District 91 includes New Rochelle CSD and Rye CSD.

In District 146, which includes Lackawanna CSD, representation switched from Democrat to Republican with the election of Jack Quinn.

In the Senate, seventeen seats with districts including the small cities were contested. Of those contested seats, fourteen incumbents were re-elected, ten Republicans and four Democrats. Two other seats did not have their incumbents running and one district is still in the process of counting votes.

In District 49, where Nancy Larraine Hoffman (R) currently serves, the Board of Elections has been busy counting absentee, military and affidavit “paper” ballots in a very close race. One November 11, 2004, Ms. Hoffman finally conceded the race to Democrat David Valesky.

In district 34, the seat vacated by Guy J. Velella (R), voters elected Jeffrey D. Klein (D). Mount Vernon CSD and New Rochelle CSD are part of this district.

Randy Kuhl (R) the State Senator representing District 53, covering four small cities, Corning, Elmira, Hornell and Ithaca was elected to Congress. He was replaced by former Assemblyman George Winner (R).

Official election results will be posted on the New York State Board of Elections website December 6^th when the results are certified (http://www.elections.state.ny.us).

ASSOCIATION
OFFICES
HAVE MOVED

Please note that as of September 1^st, the NYSASCSD offices have been relocated to:

Main Square
318 Delaware Avenue
Delmar, New York 12054
c/o The Biggerstaff Law Firm, LLP

reb@biggerstaff-firm.com

Telephone: 518-475-9500

Facsimile: 518-475-7677 

 Please note: the Association’s website address remains the same at http://scsd.neric.org.

PUBLISHER
RICHARD A.
KORITZ
WRITES ABOUT Juneteenth: A Celebration of Freedom

Juneteenth*: A Celebration of Freedom expresses the jubilation that occurred on June 19, 1865 when African American people in Texas were the last to be freed from the horrors of slavery, over two months after the end of the Civil War.  Dr. Taylor's 32-page book, full of colorful illustrations, archival photographs, and historical documents, makes the information about Juneteenth accessible for readers aged ten and up.

 Juneteenth is the oldest African American celebration in the United States and is quickly becoming one of the most popular holidays observed by Black Americans.  New York and a dozen other states and the District of Columbia have made Juneteenth a holiday--with more to come.

 As Reverend Ronald V. Myers, Sr., M.D., Founder and Chairman of the National Juneteenth Observance Foundation, has stated, “Juneteenth has been an inspiring and invaluable resource in our campaign to establish Juneteenth as a National Holiday. Dr. Taylor's book deserves a place in every school and library in the country."

 For more information, please see www.openhand.com. This book is also available for purchase upon request.

 * June 19^th has been designated as a statewide day of commemoration to be known as “Juneteenth Freedom Day” (Chapter 113 of 2004).

DATES
TO
REMEMBER

December 1, 2004
11:00am – 1:00pm Fort Orange Club Albany
Board of Directors Meeting

 December 1, 2004
1:00pm-2:00pm Education Building Albany
Meeting with Commissioner Mills

 December 6, 2004
2:00pm-4:00pm Fort Orange Club Albany
Litigation Steering Committee and Plaintiff/Supporting Small City School Districts

 March 15, 2005
8:00am-10:30am Fort Orange Club Albany
Legislative Breakfast