NY Court: Think About The Children

[Ned Hamford]

Court Orders Hike in NYC School Funds


New York Lawyer
November 21, 2006
 Reprints & Permissions

By John Caher
New York Law Journal

ALBANY - A Court of Appeals sharply divided over the degree of deference owed Governor George E. Pataki and the Legislature yesterday ordered the state to allocate $1.93 billion more to New York City schools, the lowest of the various estimates of how much it will cost to provide the constitutionally mandated sound basic education.

With four judges appointed by Mr. Pataki forming the majority, and two appointed by his predecessor in dissent, the Court said the state Constitution requires no more than the least justifiable sum suggested by a panel appointed by the governor.

The 4-2 decision in Campaign for Fiscal Equity v. State, 136, was the first opinion written by the Court's newest judge, Eugene F. Pigott Jr., and powerfully articulates a deferential posture and keen respect for the separation of powers.

"n fashioning specific remedies for constitutional violations, we must avoid intrusion on the primary domain of another branch of government," wrote Judge Pigott.

CFE v. State, argued Oct. 10, was the first case he heard as a Court of Appeals judge. Judge Pigott said deference is "especially necessary" when the dispute centers on the state budget.

"Devising a state budget is a prerogative of the Legislature and Executive; the Judiciary should not usurp this power," he wrote. "The Legislature and Executive branches of government are in a far better position than the Judiciary to determine funding needs throughout the state and priorities for the allocation of the State's resources."

But Chief Judge Judith S. Kaye, who swore in Judge Pigott two hours before the case was argued, dissented strongly.

While agreeing "wholeheartedly" that the Court should generally defer to the political branches, especially on budgetary and policy-making matters, the chief judge suggested that deference by the judiciary in this case amounts to abdication.
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The NYS Constitution also has that seperation of powers thing... well, it used to...

[Fly320s]

Why does NYC need an additional $2 billion?  They already have schools and teachers.  That should be enough to educate students.

[The Rabbi]

A classic case of confusing dollars spent with effective education.  NYC already spends more per pupil than probably any other school district. And they deliver the lowest quality of education.  Spending more money will not help that problem.  Taking members of the American Federation of Teachers out back and shooting them would do a whole lot more.

[HankB]

I still remember that it was a teacher's union in NYC, several decades ago that came out against kids watching Sesame Street on the grounds that it gave tykes who watched it an unfair advantage in school because they knew more than their peers when they first came to class . . . in other words, the kids knew too much! More recently, the teacher's union opposed computers and the Internet, as kids who had both were being given an unfair advantage in doing research and their homework over those who didn't . . . and they weren't just referring to online term paper mills.

No wonder NY's schools stink. (where's the barf icon?)

[Ned Hamford]

I recall awhile back when then mayor Giuliani said the best thing he could do for education would be driving a tank through the central school offices.  True then, True now.   May be the primary reason I like the guy.  My mom was a teacher in upstate NY for about 30 years.  She says the worse part is the bureaucracy; absurdly incompetent folk who make six figures. 

[slzy]

every body in education,hell,everybody should read jesse stuarts "the thread that runs so true"his experiences in a one room school house in rural kentucky. the teachers who cannot do better afterwards are in the wrong business. also,i looked over harvards syllabus for 1832. it should still be in use for undergraduates.