Law & Courts

As Lawmakers Stall, N.Y. School Aid Case Gets ‘Special Masters’

By David J. Hoff — August 11, 2004 2 min read
  • Save to favorites
  • Print

A New York judge has appointed three eminent lawyers to oversee the state’s stalled effort to comply with a court order to increase spending for the New York City schools.

The “special masters” will work with state officials and plaintiffs in the lawsuit, which resulted in a decision by the state’s highest court that the state was inadequately financing the nation’s largest school district. (“Court Orders New York City Funding Shift,” July 9, 2003.)

Justice Leland DeGrasse of a trial court in Manhattan appointed the special masters on Aug. 3—four days after the state failed to meet the deadline set in the 2003 court order to fix school funding—and gave them until Nov. 30 to report back to him.

The latest development leaves open the possibility of a statewide solution to the court’s mandate to give New York City enough money to provide a “sound basic education” as called for in the 2003 decision.

Gov. George E. Pataki will continue to seek a legislative solution to the court order while working with the special masters, said Kevin Quinn, a spokesman for the Republican governor.

A lawyer representing the plaintiffs said that the court proceedings might even yield a statewide school funding solution, rather than one narrowly focused on New York City.

“Whatever we present will be in the context of ... the reforms needed in the state and how it should affect New York City,” said Michael A. Rebell, the executive director of the Campaign for Fiscal Equity, a New York City-based legal advocacy group that brought the case against the state. “For all practical purposes, we’re going to treat it as a statewide issue.”

Even though the special masters will seek an approach to the school funding dilemma, their participation may push the state’s political leaders to agree on a solution, Mr. Rebell said.

High Price Tags

So far, state politicians have been unable to break the gridlock to find a remedy.

Mr. Pataki has proposed increasing state school aid across the state by $4.5 billion over the next five years. More than half the new money would go to New York City.

In late July, the Republican-led state Senate passed a five-year plan to add $5.2 billion in state aid.

The Democratic-controlled Assembly, meanwhile, approved a bill in June to raise education spending by $6.1 billion over five years and create a $2.2 billion capital-spending program.

During a late-July special session called by the governor to seek a solution, Mr. Rebell said, the Campaign for Fiscal Equity and legislative leaders made progress in hammering out details of policies that would build a new statewide accountability system.

But the legislative leaders and school advocates never made much headway on the financing questions, he said.

The three lawyers appointed by Justice DeGrasse last week will now moderate that debate. The special masters are John D. Feerick, a former dean of Fordham University’s law school, and two former state appeals court judges, E. Leo Milonas and William C. Thompson.

Related Tags:

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Special Education Webinar
Bridging the Math Gap: What’s New in Dyscalculia Identification, Instruction & State Action
Discover the latest dyscalculia research insights, state-level policy trends, and classroom strategies to make math more accessible for all.
Content provided by TouchMath
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School Climate & Safety Webinar
Belonging as a Leadership Strategy for Today’s Schools
Belonging isn’t a slogan—it’s a leadership strategy. Learn what research shows actually works to improve attendance, culture, and learning.
Content provided by Harmony Academy
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School & District Management Webinar
Too Many Initiatives, Not Enough Alignment: A Change Management Playbook for Leaders
Learn how leadership teams can increase alignment and evaluate every program, practice, and purchase against a clear strategic plan.
Content provided by Otus

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Supreme Court Strikes Trump Tariffs in Case Brought by Educational Toy Companies
Two educational toy companies were among the leading challengers to the president's tariff policies
3 min read
Members of the Supreme Court sit for a new group portrait following the addition of Associate Justice Ketanji Brown Jackson, at the Supreme Court building in Washington, Oct. 7, 2022. Bottom row, from left, Associate Justice Sonia Sotomayor, Associate Justice Clarence Thomas, Chief Justice of the United States John Roberts, Associate Justice Samuel Alito, and Associate Justice Elena Kagan. Top row, from left, Associate Justice Amy Coney Barrett, Associate Justice Neil Gorsuch, Associate Justice Brett Kavanaugh, and Associate Justice Ketanji Brown Jackson.
Members of the U.S. Supreme Court sit for a new group portrait following the addition of Justice Ketanji Brown Jackson, at the court building in Washington, Oct. 7, 2022. On Feb. 20, 2026, the court ruled 6-3 to strike down President Donald Trump's broad tariff policies, ruling that they were not authorized by the federal statute that he cited for them.
J. Scott Applewhite/AP
Law & Courts Mark Zuckerberg Quizzed on Kids' Instagram Use in Landmark Social Media Trial
The Meta chief testified in a court case examining whether the company's platforms are addictive and harmful.
5 min read
Meta CEO Mark Zuckerberg arrives for a landmark trial over whether social media platforms deliberately addict and harm children, Wednesday, Feb. 18, 2026, in Los Angeles.
Meta CEO Mark Zuckerberg arrives at a federal courthouse in Los Angeles on Feb. 18, 2026. Zuckerberg was questioned about the features of his company's platform, Instagram, and about his previous congressional testimony.
Ryan Sun/AP
Law & Courts California Sues Ed. Dept. in Clash Over Gender Disclosures to Parents
California challenges U.S. Department of Education findings on state policies over gender disclosure.
4 min read
California Attorney General Rob Bonta speaks to reporters as Arizona Attorney General Kris Mayes, left, and Oregon Attorney General Dan Rayfield, right, listen outside the Supreme Court on Wednesday, Nov. 5, 2025, in Washington. (AP Photo/Mark Schiefelbein)
California Attorney General Rob Bonta speaks to reporters outside the U.S. Supreme Court in Washington on Nov. 5, 2025, with Arizona Attorney General Kris Mayes and Oregon Attorney General Dan Rayfield behind him. Bonta this week sued the U.S. Department of Education, asking a court to block the agency's finding that the state is violating FERPA by <ins data-user-label="Matt Stone" data-time="02/13/2026 4:22:45 PM" data-user-id="00000185-c5a3-d6ff-a38d-d7a32f6d0001" data-target-id="">not requiring schools to disclose</ins> students’ gender transitions <ins data-user-label="Matt Stone" data-time="02/13/2026 4:22:45 PM" data-user-id="00000185-c5a3-d6ff-a38d-d7a32f6d0001" data-target-id="">to</ins> parents.
Mark Schiefelbein/AP
Law & Courts Oklahoma Board Rejects Jewish Charter as Supreme Court Fight Looms
Oklahoma's charter school board rejected the Jewish school as members said their hands were tied.
4 min read
Ben Gamla Charter Schools founder and former U.S. Rep. Peter Deutsch, right, speaks with Brett Farley, executive director of the Catholic Conference of Oklahoma, left, before a Jan. 12 meeting of the Statewide Charter School Board in Oklahoma City. Both are founding board members of an Oklahoma Jewish Charter School.
Ben Gamla Charter Schools founder and former U.S. Rep. Peter Deutsch, right, speaks with Brett Farley, executive director of the Catholic Conference of Oklahoma, before a Jan. 12, 2026, meeting of the Statewide Charter School Board in Oklahoma City. The board rejected the proposed Jewish charter school on Feb. 9, 2026.
Nuria Martinez-Keel/Oklahoma Voice