September 2004 Vol. XVIII, No. 7

ASSOCIATION
LITIGATION
STEERING
COMMITTEE
REPORT

 

The Association’s Litigation Steering Committee met on September 17^th via conference call to develop litigation strategies and to agree on a time table for commencement of CFE-type litigation against the State.  The committee agreed on a two tiered system for participation in the lawsuit by small city districts. The first level would be for those districts wishing to be named parties in the litigation and the second would be for those districts willing to support the Association’s effort financially but not as named plaintiffs. The level of initial support was set at $3,000 for level one and $1,000 for level two. The committee wants to keep the cost of the litigation as low as possible in order to encourage as many districts as possible to participate. Also, districts were encouraged to seek financial support from their communities as well. (We already received an unsolicited donation of $10 from a resident of New Rochelle.) 

On broader strategy issues it was decided that it is critical to have as many of the small city districts with the greatest poverty and least property wealth join the suit. These are the districts which have been short changed the most and whose case is the strongest under the CFE decision. As a guideline, the committee is using the Association’s report Funding For Achievement to identify those small city districts with the greatest need.  FFA has been and will continue to be an invaluable tool for the Association. It provides a clear picture of the gross inequities in funding among all districts and among the various categories of districts statewide.

This past week a call went out to all small city districts asking for support for the lawsuit. In the summer about 17 districts had indicated some interest in pursuing litigation. We hope that at least that number respond now. Beacon CSD board of directors are the first to pass a resolution supporting the lawsuit and asking to be a named plaintiff. The committee’s thanks to them for leading the way.

The target date set for initiation of the suit is the end of October. The suit will be commenced either independently of the Utica CSD suit followed by a motion of joinder with Utica or through a motion to intervene in the Utica suit. The decision on which course to take has not yet been made. In either event plaintiff small city districts need to be identified by mid October at the latest. The committee has asked districts which believe they will participate to notify the Association of that fact even before passage of their board resolutions. Upon notification they will be asked to complete a rather involved questionnaire which will be the basis of the factual case to be presented in court.

In conjunction with his work on the Steering Committee, Association President Tom McGowan represented the Association at a meeting in NYC on the 21^st of attorneys and organizations supporting the CFE litigation. Tom received an extensive update on the progress of the Special Masters as they move closer to the proposed November 30^th report date. While the Special Masters are limited jurisdictionally to NYC’s school system, any solution there may be precedent for statewide reform. Therefore, it is important that the Association keep apprised of developments in that case and share with CFE, NYSSBA, NYSCOSS and others the work being done by the Association in its litigation.

To that end, the Association applied for and received permission to submit testimony to the Special Masters in the capacity as Amicus Curiae. That testimony was submitted as of September 20^th and is based on the proposals contained in Funding For Achievement which recommends reforms for districts statewide as well as for NYC schools. The Association sought Amicus status precisely because it was believed that any NYC solution would, as a practical if not as a legal matter, strongly influence any future actions by the Legislature relating to small city school districts.

The committee will present an oral report on its activities at the Small City School breakfast on  Friday, October 22^nd  at 7:30 am held in conjunction with the annual NYSSBA convention in Buffalo. Normally, the Association invites a notable guest speaker to address the districts in attendance. This year, instead, we will be devoting this event to the committee report and to questions and answers that will inevitably arise. We look forward to seeing many of you there. 

Litigation Steering Committee membership:
Joan Purtell-Binghamton CSD
Norma Barton-Canandaigua CSD
Charles Dedrick-Cohoes CSD
Sue Skidmore-Elmira CSD
Thomas McGowan-Glens Falls CSD
Raymond Fashano-Jamestown CSD
Thomas Fitzgerald-Newburgh CSD
Fred Wachtmeister-Plattsburgh
Daniel Lowengard-Utica CSD 

MEDIA INTEREST
IN  SCSD
LAWSUIT
CONTINUES

Media coverage during the summer of the Association’s decision to pursue litigation to bring about education funding reform for the small city schools has continued this month. The Association’s executive director has been giving a number of interviews to the press and radio and interest in developments remains high. In addition he was asked mid-month to appear before the board of education and members of the community in Tonawanda CSD to present the Association’s rationale for the suit. That presentation was well received and the board is considering adding its support despite dire fiscal constraints in the district. The press release sent in conjunction with that appearance follows.                                                         

PRESS RELEASE

 URGENT

FOR IMMEDIATE RELEASE        September 14, 2004 

CONTACT:                            Robert E. Biggerstaff, Esq.
                                                  Executive Director and Counsel
                                                  NYS Association of Small City School Districts          
                                                  518-475-9500   
                                                  reb@biggerstaff-firm.com

The Board of Education of Tonawanda CSD and Superintendent George Batterson met today with Robert Biggerstaff, Executive Director of the NYS Association of Small City School Districts to discuss the district joining a lawsuit against the state seeking reform of state aid to education. The Association Executive Director declared, “It is clear now that the state Legislature and Governor are unable to enact fundamental education reform for the entire state without judicial involvement.”

Last year, the Court of Appeals in CFE v. NYS ordered the Legislature to reform education funding in NYC by July 30^th. Their failure to reach agreement by that date has demonstrated the political paralysis which prevents many students from urban and other poor districts from receiving a quality education.

There are 57 small city school districts throughout the state, from Long Island to Niagara Falls. They are “small” cities but large school districts and serve a quarter of a million children or two thirds of the urban children outside NYC. The Association will be seeking to form a coalition of city; rural and poor suburban districts similarly situated.

According to a study done this year by the Association called Funding for Achievement (FFA), despite being taxed more than 25% above state average, Tonawanda is not able to spend enough per pupil. FFA proposes that Tonawanda CSD receive almost $1,400 more per pupil in state education aid than it currently receives.

Biggerstaff, concluded, “Small city districts tax 20% harder than the state average but spend 20% less per pupil than average. For our children and for the children in poorer schools throughout the state the system is totally broken. We must fix it now or we will short change another generation of kids.”

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."

This book is available for purchase upon request.

DATES
TO
REMEMBER

October 22, 2004 7:30am—9:30am
Small City School Breakfast
85^th Annual Convention -- NYSSBA
Buffalo

November 30, 2004
Board of Directors Meeting

March 15, 2005
Legislative Breakfast