December 6, 2023


education gives you strength

N.Y. School Cuts May Be Unconstitutional

A temporary 20 percent cut to state aid to schools has forced districts in New York to scale back plans for in-person learning and expand remote instruction. But the attorney who won a court case over a lack of school funding said the cuts might be unconstitutional.

Michael Rebell was the lead attorney in the Campaign for Fiscal Equity lawsuit. It resulted in a 2006 New York Court of Appeals decision that ordered the state to pay billions more in school aide each year to help secure each child’s right under New York’s constitution to a sound basic education.

There’s been debate over whether that court order was ever fulfilled under the tenure of Governor Andrew Cuomo. But Rebell said a permanent 20% cut in state aid, which has been temporarily imposed by Cuomo citing the COVID-19 pandemic related state budget deficit, would likely violate that court order. He says he’s looking at the possibility of seeking a legal injunction against the cuts.

“That constitutional right doesn’t go on hold because there are financial constraints, because the state is having financial difficulties,” Rebell said. “This is a constitutional right.”

Rebell says he and others are still researching whether an injection can be sought, and have not yet made a decision.

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