School Choice & Charters

Legal Challenge to Charter School Funding in New York Clears Hurdle

By Arianna Prothero — May 28, 2015 1 min read

A lawsuit over the way charter schools are funded in New York has gotten a judge’s approval to move forward.

A group of parents from upstate New York, backed by a charter school advocacy group, argue that the state’s school funding formula is unconstitutional because it doesn’t provide any money for charter school buildings.

A state Supreme Court judge on Wednesday denied the state’s request to dismiss the suit.

The state is required to provide every child with a sound and basic education, which isn’t possible if charters are receiving less money than their district counterparts, the plaintiffs’ argue.

Although New York City is frequently in the news for political clashes over a law that requires the district to provide space for charter schools, districts outside the city are not obligated to provide facilities for charters. And this funding setup in New York state is not unique—finding and paying for adequate facilities is often listed as one of the biggest and most persistent hurdles facing charters.

Related stories:

Unequal Funding Between Arizona District and Charter Schools Legal, Court Rules

Union-Backed Court Challenges to School Choice Hit Snags in Florida, Louisiana


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A version of this news article first appeared in the Charters & Choice blog.