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EmbargoedFor release: 2 p.m., Tuesday, March 15
New York State Association of Small City School Districts to file suit against New York State to force state aid reform and close the “opportunity gap.”
The Board of Directors of the New York State Small City Schools District (NYSASCSD) announced today that it will file a lawsuit by Friday in State Supreme Court against the state to force a comprehensive reform of state aid. The lawsuit, filed on behalf of 26 city school districts, will ask the court to declare the current funding system to be in violation of the New York State Constitution, which requires the state Legislature to maintain a system wherein all children may be educated. “All children in New York are not receiving a meaningful opportunity to succeed in school,” said Thomas McGowan, President of the Association and Superintendent of Glens Falls CSD. “While children in wealthier, non-city districts have the resources needed to succeed educationally, many children in poor urban and rural districts do not.” He noted that those districts also have a higher percentage of economically disadvantaged students, racial and ethnic minorities and children with disabilities – all subgroups identified in the federal No Child Left Behind law as needing special attention to meet federal testing targets. “Unfortunately, the Legislature has created not one but two systems, one for children in wealthier schools where opportunities are great and one for children in the poorer schools where opportunities are woefully inadequate,” he added. “This opportunity gap has persisted for decades and despite its recognition by educators and state leaders, the Legislature has been unable to correct it.” Campaign for Fiscal Equity a step in the right direction The Campaign for Fiscal Equity victory relating to funding inadequacies in the New York City schools, as significant as it is, has only produced further political stalemate and judicial delay. Meanwhile, three-quarters of the state’s urban and rural schools are inadequately funded The Court of Appeals has already found that children in New York State have substantive rights to an adequate education and that the state alone is responsible for securing those rights. As the CFE case regarding New York City schools showed, the state has failed to make adequate recognition of regional costs and the impact of poverty in providing adequate resources. However, the court did not address the system-wide nature of this failure or broaden its remedies to include other districts throughout the state. Political leaders, instead of complying with the CFE decision, have decided to continue battling the issue in the courts by appealing the decision. The “opportunity gap” An “opportunity gap” is measured by a formula that measures the proficiency of students by weighing the percentage scoring in levels 1, 2, 3 and 4 on eight state standardized tests. A score of 200 means that 80 percent of students achieved mastery of the subject – e.g. 25 percent at level 4 and 55 percent at level 3. That 80 percent creates a proficiency score of 200 and meets the state’s standards. As the percentage of students below the state standards by scoring in levels 1 and 2 increases, the proficiency score drops below 200. The difference in proficiency scores between 200 and the district’s actual score is what is called the “opportunity gap.” More racially diverse and economically disadvantaged The districts facing an “opportunity gap” in testing are also the most racially diverse and economically disadvantaged in the state. Based on data from 2002-03, 279,619 students – 10 percent of the state’s student population – are educated statewide at schools with “opportunity gaps.” These districts – both urban and rural – tax higher, work harder with less funding and face more daunting challenges in the classroom than their wealthier counterparts. At the “opportunity gap” districts (based on 2002-03 data): § 71.5 percent of students received a free or reduced lunch; § 6.7 percent of students had limited English proficiency; § 49.1 percent of students were white, 33.7 percent were black and 14.9 percent were Hispanic; § The average tax rate was 22.75 per $1,000 assessed valuation, more than $2 per $1,000 higher than wealthier districts; § The amount of savings through the state’s STAR program was $691 per taxpayer, compared with $1,379 in wealthier districts; § Pupil/teacher ratios were higher at every grade level than at wealthier schools; § Average class sizes were 22.3, larger than in wealthier districts; § Teacher turnover was 13.8 percent, higher than wealthier districts; § Fewer dollars were spent, measured on a per-student basis, to pay for teacher salaries, administration, curriculum development, libraries, guidance services, computer hardware and software than at wealthier schools; § More money was spent on special education, again measured on a per-student basis, than at wealthier schools; § Dropout (4.7 percent) and suspension (10.8 percent) rates were higher while attendance (93 percent) were lower than at wealthier schools; § Test scores across the board were lower at “opportunity gap” districts than at wealthier schools; § Nearly $4,000 more per pupil in funding, an increase of 44 percent, would be needed to erase the opportunity gap and bring proficiency scores to 200, thereby meeting the state’s standards. 26 school boards come together Joining as plaintiffs in the lawsuit and contributing toward the legal costs, are the boards of education of the Albany CSD, Beacon CSD, Binghamton CSD, Cohoes CSD, Corning CSD, Dunkirk CSD, Glens Falls CSD, Jamestown CSD, Kingston CSD, Mt. Vernon CSD, Newburgh CSD, Niagara Falls CSD, North Tonawanda CSD, Salamanca CSD and Tonawanda CSD. Joining as supporting districts in the suit are the boards of education of the Auburn CSD, Batavia CSD, Cortland CSD, Fulton CSD, Hornell CSD Hudson CSD, Lockport CSD, New Rochelle CSD, Peekskill CSD, Plattsburgh CSD and Saratoga Springs CSD. Other districts are expected to join in the next few weeks. Utica CSD has already commenced its own suit seeking similar relief.
Media
Contact: Robert Biggerstaff, executive director of NYSASCSD,
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•Albany
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