Responding to plaintiffs’ requests to schedule oral arguments on an expedited basis so that a decision might be issued before the start of the next school year, New York’s highest court, the Court of Appeals, has now established a rapid timetable for the submission of briefs and has scheduled oral argument for the week of May 30 in the New Yorkers for Students Educational Rights( NYSER) v. State of New York case.
The NYSER plaintiffs, who include parents from nine school districts from throughout the state as well as the state school boards association, the state council of schools superintendents, the state-wide PTAs, many of New York City’s community education councils, and numerous other New York City and statewide organizations, are challenging the state’s failure to fully implement the Court of Appeals’ orders in CFE v. State of New York.
The state had requested permission to appeal from the order of the Appellate Division, First Department, that denied their motion to dismiss the case. In a highly unusual move, the plaintiffs joined in the request that the high Court consider this appeal because they believed that clarification from the Court of Appeals on the contemporary meaning of the court’s decisions and orders in CFE would expedite and possibly obviate the need for a trial or further proceedings in this case. Gov. Cuomo’s recent proposal not only to underfund, but also to now eliminate the Foundation Aid Formula that the legislature adopted in the wake of CFE ten years ago has heightened the significance of these issues. See, educationalequityblog.org.