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Campaign for Fiscal Equity

A Disparate Racial Effect

The Court of Appeals’ decision also allowed CFE to go forward with its claim that the state funding shortfall is racially discriminatory. Seventy four percent of the state’s minority students attend New York City public schools, and minorities comprise over 80% of the City’s overall student body. The Court ruled unanimously that these figures may demonstrate a disparate racial effect and establish a cause of action under the implementing regulations of Title VI of the 1964 federal Civil Rights Act, which prohibits racial or ethnic discrimination in programs that receive federal funds. CFE v. State, the first fiscal equity case in the nation to successfully plead a Title VI racial impact claim, is also the first fiscal equity case to win one.

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 >