November 2005 Vol. XIX, No. 7 

ALBANY UPDATE

It has been relatively quiet in Albany this Fall. The Governor has been out of state on his quest for national support. Much focus has been concentrated locally on the various mayoral races around the state, particularly on the Bloomberg-Ferrer race in NYC. Almost no attention has been paid to two significant ballot propositions which the voters must decide in November: 1) the State Budget Reform proposition and 2) the Transportation Bond Act. The Budget Reform proposition is the Legislature’s attempt to reverse the massive shift in power that occurred last year when the Court of Appeals declared that the Governor could amend substantive portions of state law in his Executive Budget (in addition to appropriating funds) and that the Legislature could not amend these changes. This judicial decision reversed the traditional division of power between the Executive and the Legislature. Without this Constitutional amendment, the Governor would have almost exclusive control not only over the size of state appropriations but also over the substantive provisions of law governing how those appropriations are spent.

The State Budget Reform proposition proposes an austerity budget in the event that a new State Budget is not approved by April 1^st each year. It also proposes that education aid would be appropriated on a two year basis thereby allowing for multi-year local school budget planning. The implications of this proposition for the state and the education community are enormous. Nonetheless, the Regents have not spoken out. Even more curiously, there has been no significant attempt to educate the public.

Another major development, the resignation of Steven Sanders, Chairman of the Assembly Education Committee, has occurred without much notice. His resignation, ostensibly for health and family reasons, is a big blow to the small city school community. Assemblyman Sanders, although representing a district in lower Manhattan, understood the difficulties faced by upstate urban districts and other poor districts and was receptive to the Association’s position on important education issues. It has been reported that his replacement may not be designated for some time. Complicating that process undoubtedly is the recent conviction and resignation of Assemblyman Clarence Norman, Democrat from Brooklyn. Norman was an important part of Assembly leadership and was the leader of the Brooklyn delegation among other things. Some time will pass before the leadership void both in Brooklyn and Albany can be sorted out.

OCTOBER 28^TH BREAKFAST WELL ATTENDED

More than 100 board members, superintendents and staff showed up early on Friday morning of the 2005 NYSSBA Convention in Rochester for the Small City Schools Association’s annual breakfast. Their attendance manifested their continuing concern about the various issues affecting small city districts and their strong support for the work of the Small City Schools Association.

Bob Biggerstaff, Executive Director and Counsel for NYSASCSD, addressed the group briefly, giving an update on the CFE litigation, on the Small City School litigation and on upcoming Association events. He stated that the Attorney General’s office was expecting a decision from the Appellate Division in the CFE case by year’s end. The AG was also anticipating that the CFE case would be further appealed to the Court of Appeals which should render its decision by June 2006. This is an accelerated appellate schedule. Nonetheless, it would mean that the earliest the Legislature would be required to enact education finance reforms would be in the 2007-08 state budget.

The Association’s litigation is proceeding as previously reported. An answer to the AG’s motion to dismiss is due on November 10^th. That date may be delayed until December upon consent of the parties. Nevertheless, a decision on the motion could be forthcoming as early as February 2006. In addition to filing its answer in opposition to the motion, the Association will be amending its complaint to add, among others, parents and students from several small cities who have stepped forward and agreed to be plaintiffs in the case. We are grateful to these families and their districts for giving us this much needed support.

Upcoming Association events were also discussed including:

Regent Anthony Bottar addressed the group on a number of issues including the CFE case, the Regents’ State Aid Proposal, the testing schedule imposed by NCLB Act and SED’s high school initiative. 

Regent Bottar said he was skeptical that the CFE case will result in real reform. The case has taken 12 ½ years to litigate thus far. The Court of Appeals’ first decision in 1995 stated that CFE could sue for a sound basic education under the State Constitution. The Trial Court said in 2001 that education in NYC violated the constitutional right of a sound basic education. In 2002, the Appellate Division said NYC needed only to provide an 8^th grade education under the Constitution. The Court of Appeals then said in 2003 that a sound basic education means a meaningful high school education. In 2004, the Trial Court said a sound basic education cost $5B in additional aid in NYC. The Governor appealed that decision in 2005 to the Appellate Division stating that the Trial Court’s decision usurps legislative authority and we are all awaiting the decision on that appeal. This process may continue for years because courts are not capable of regulating the education system.

Bottar then reported that the Regents have accelerated their time table for making state aid recommendations. He also stated that the NCLB mandated testing schedule is a huge burden, that this testing takes time away from teaching. Bottar then spoke about the State Education Department’s high school initiative to target resources where needed most. He said the Department is looking to close the education gap without more money or legislation and is holding meetings at statewide BOCES to take the lead on this initiative.

DATE OF SEMINAR SET

The Association's Program Committee has scheduled what it believes will be a highly interesting and informative seminar on Scientific Learning's program for developing and strengthening cognitive skills. The program is based on extensive brain research and has been demonstrated to be effective in helping children achieve academic excellence. You will get an opportunity to operate the program and judge its effectiveness judge for yourself. Please hold the date if you can, November 15th, between 9:30 and 3:00 at the Harriman Learning Center, Orange -Ulster BOCES (tentative location). The seminar would be appropriate for Board Members, Superintendents and Assistant Superintendents, as well as Directors of Pupil Personnel Services, Reading and Special Education. If you have any questions please contact Rebecca, at 518-475-9500 or rab@biggerstaff-firm.com. Hope to see you there.

BOARD TO MEET WITH COMMISSIONER

The Association’s Board of Directors has scheduled a meeting with Commissioner Mills for November 28^th following a regular meeting of the board in Albany. The agenda for this meeting has yet to be determined and our office will keep all informed as to the outcome of this meeting. Please contact with any suggestions for issued to be raised with Commissioner Mills.

MIDDLETOWN
CSD
ANNOUNCES
OPENINGS

UPCOMING
EVENTS

November 15, 2005
Seminar – Scientific Learning
9:30 am – 3:00 pm
Harriman Learning Center, Orange-Ulster BOCES (tentative location)

November 28, 2005
Board of Directors Meeting
10:30 am
Fort Orange Club, Albany

May 21 – 22, 2006
Annual Conference
Location TBD