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Campaign for Fiscal Equity

State Submits Plan to Special Referees

On Friday, the Attorney General for the State of New York submitted the State's education reform plan for complying with the Court of Appeals ruling in CFE v. State. The so-called "state plan", prepared by the Governor's office without input from the Senate and Assembly, is in essence the Zarb Commission report and the Governor's legislative proposal. The state is asking the referees to approve the state plan and force the legislature to adopt it.

The state proposal for its five-year sound basic education plan includes $1.2 billion from a Dedicated State Fund for Sound Basic Education, $1 billion in projected annual increases in state aid, but also counts on $1 billion in increased federal aid and $1.5 billion increase from City of New York. In addition, the state's proposal includes plans for a new accountability system which would require districts to create a "resource allocation plan" detailing how resources would be spent, and schools to develop individual school improvement plans that would be consistent with school districts resource allocation plan. It calls for the creation of a new Office of Educational Accountability whose director would be appointed by the Board of Regents with the governor's approval.

Both the state and CFE will present each of their proposals to the Special Referees Monday, August 16th from 3 - 5 p.m. The meeting will take place at the law office offices of Pillsbury Winthrop, located at 1540 Broadway, and is open to the public.


Attorney General's Letter to the Referees (PDF format)
Governor's State Education Reform Plan (PDF format)
State Defendents' Memorandum of Law to the Referees Regarding Burden of Proof, Herings and New York City Participation (PDF format)


Brief regarding burden of proof, public hearings, and status of the city of New York (PDF format)
Executive Summary of CFE's Proposed Compliance Plan (PDF format)
Educational Adequacy, Democracy, and the Courts, an overview of education adequacy litigation by Michael A. Rebell (PDF format)


The next briefing with the special masters will take place on August 16 from 3:00 p.m. to 5:00 p.m. All of the briefings will be open to the public and will be held at the offices of Pillsbury Winthrop at 1540 Broadway New York, New York.

The schedule set by referees follows:

On August 16 from 3:00 p.m to 5:00 p.m., the parties will be granted an hour each to summarize their respective proposals. The briefing will be held at the offices of Pillsbury Winthrop (1540 Broadway New York, New York).

On August 31, the parties will submit briefs that set forth objections to the other side's plan, identify issues in dispute that need resolution, and propose procedures for resolving outstanding disputes.

On September 8 at 10:00 a.m., the panel will hear oral argument on all issues in dispute and on proposed procedures for resolving them.

August 16, 2004

Parents from across the state march on the Capitol in Albany to show support for CFE.
CFE Litigation CFE v. State of New York
In 2006, after 13 years in the Courts, the New York State Court of Appeals affirmed the right of every public school student in New York to the opportunity for a sound basic education and the state’s responsibility to adequately fund this right, but deferred to the Governor and the Legislature to determine the appropriate amount. more >