麻豆原创

Like most people who care about education in New York City, Michael Rebell is delighted that the New York State legislature has at long last made a commitment to restore a major court-ordered increase in funding to New York City鈥檚 public schools. [Read about the legislature鈥檚 decision.]

But looking beyond this year, when the state will deliver a first installment of roughly $1.4 billion, Rebell, Professor of Law & Educational Practice and Executive Director of Teachers College鈥檚 , simply says, 鈥淚鈥檒l believe it when I see it. Because there鈥檚 nothing in this legislation that prevents them from saying, next year or at any point in the future, 鈥楽orry, there isn鈥檛 enough money, we鈥檙e only paying 80 percent,鈥� or 鈥楽orry, we鈥檙e not going to pay anything at all.鈥欌��

You can鈥檛 really blame him.

After all, it took Rebell, then serving as lead attorney for the plaintiffs in , 13 years to win a ruling that 鈥� as vouchsafed in the state鈥檚 constitution 鈥� all children are entitled to a sound, basic education. That decision prompted the legislature to begin a massive payout that called for $4.7 billion to $5.63 billion in operating aid and $9.2 billion in capital funding.

Two years later, the 2008 recession hit. 鈥淭he payments stopped and the cuts began,鈥� Rebell says.

Add another seven years since Rebell, in a case called vs. the State of New York, sued New York Governor Andrew Cuomo to restore those funds, using the state鈥檚 primary education formula, Foundation Aid. (NYSER is a coalition that includes the New York State School Boards Association, the New York State Council of Superintendents, the New York State Parents and Teachers Association, the New York State Association of School Business Officials, the Statewide School Finance Consortium, and 11 New York City community education councils. Rebell鈥檚 work for NYSER is pro bono, and is not done in affiliation with Teachers College.]

鈥淣YSER stands for New Yorkers for Students鈥� Educational Rights, but what it really means is that we鈥檙e nicer to New York City鈥檚 kids than Cuomo is,鈥� Rebell says, grinning.

So what, really, does the new legislation portend?

Ideally, NYSER would drop its case and everyone would go home happy. But it鈥檚 equally likely, at least right now, that Rebell and the 15 other pro bono attorneys from the firms of Morgan Lewis and White & Case would continue to press their case in order to get a judge鈥檚 ruling on all they seek 鈥� which includes more than just money.

What we鈥檙e asking for, under any scenario, is that in addition to paying out foundation aid, the state needs to set up a reasonable system to determine funding in the future so that we don鈥檛 have these recurring lawsuits.

鈥擬ichael Rebell, pro bono attorney in NYSER vs. the State of New York

鈥淲e鈥檝e produced nine expert reports on every aspect of the system, including special education [written by 麻豆原创 Professor of Education Celia Oyler], English language learners and the special problems of students in poverty,鈥� Rebell says. 鈥淎nd what we鈥檙e asking for, under any scenario, is that in addition to paying out foundation aid, the state needs to set up a reasonable system to determine funding in the future so that we don鈥檛 have these recurring lawsuits.

鈥淲hat鈥檚 needed is what the Court of Appeals in the CFE case originally ordered in 2003, which is to  determine the actual number of dollars required to provide all kids with an opportunity for a sound, basic education. And that means that, instead of creating a school budget by wheeling and dealing in a back room over political pork 鈥� which is essentially what Cuomo did when he decided to ignore the foundation formula 鈥� you have a rational basis for determining what鈥檚 needed, and then you come up with an equitable formula for distributing it to all schools.

鈥淭hat鈥檚 what the Court of Appeals said in 2003, and in my view, it鈥檚 still the law, and it鈥檚 what we need to do again now鈥�

It鈥檚 a whole new world, and we need a foundation formula for 2021, not 2006.

鈥擬ichael Rebell, pro bono attorney in NYSER vs. the State of New York

The new funds awarded by the legislature  for the next three years are based on a cost study the State Education Department did in 2006 鈥� but 鈥渨hatever calculations they did in 2006 are hopelessly out of date,鈥� Rebell says. 鈥淭he demographics are different, the cost of living is higher, and there are new education policies and mandates that schools are required to fulfill 鈥� plus the impact of COVID. It鈥檚 a whole new world, and we need a foundation formula for 2021, not 2006.鈥�

And, as he points out, for the future as well 鈥� because the legislature鈥檚 decision makes no provision for further increasing spending in subsequent years as costs continue to go up.

鈥淭here鈥檚 got to be a process of analysis for looking at changing needs,鈥� Rebell says. 鈥淏ecause I don鈥檛 want to have to go back to the court again five years from now.鈥�

— Joe Levine