Miriam Aristy-Farer v. State of New York , New Yorkers for Students' Educational Rights v. State of New York

81 N.E.3d 360, 29 N.Y.3d 501
CourtNew York Court of Appeals
DecidedJune 27, 2017
Docket75
StatusPublished
Cited by28 cases

This text of 81 N.E.3d 360 (Miriam Aristy-Farer v. State of New York , New Yorkers for Students' Educational Rights v. State of New York) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Miriam Aristy-Farer v. State of New York , New Yorkers for Students' Educational Rights v. State of New York, 81 N.E.3d 360, 29 N.Y.3d 501 (N.Y. 2017).

Opinions

[505]*505OPINION OF THE COURT

Wilson, J.

Since 1894, the New York State Constitution has mandated that “[t]he legislature shall provide for the maintenance and support of a system of free common schools, wherein all the children of this state may be educated” (art XI, § 1). This Court gave contours to that right in a trilogy known as the “Campaign for Fiscal Equity” or “CFE” litigation. In Campaign for Fiscal Equity v State of New York, we held that our State Constitution1 “requires the State to offer all children the opportunity of a sound basic education. Such an education should consist of the basic literacy, calculating, and verbal skills necessary to enable children to eventually function productively as civic participants capable of voting and serving on a jury” (86 NY2d 307, 316 [1995] [CFE I] [citation omitted]). The sound basic education guaranteed by the Constitution requires the State to afford students with the “opportunity for a meaningful high school education, one which prepares them to function productively as civic participants” and “compete for jobs that enable them to support themselves” (Campaign for Fiscal Equity v State of New York, 100 NY2d 893, 908, 906 [2003] [CFE II]).

Our CFE decisions establish that there is “a constitutional floor with respect to educational adequacy . . . [and the courts] [506]*506are responsible for adjudicating the nature of [the] duty [to provide a sound basic education]” (CFE I, 86 NY2d at 315). The Education Article does not guarantee “that all educational facilities and services would be equal throughout the State” (Board of Educ., Levittown Union Free School Dist. v Nyquist, 57 NY2d 27, 47-48 [1982]). Instead, it requires “a State-wide system assuring minimal acceptable facilities and services” (id. at 47). “[U]nevenness of educational opportunity d[oes] not render the school financing system constitutionally infirm, unless it c[an] be shown that the system’s funding inequities resulted in the deprivation of a sound basic education” (CFE I, 86 NY2d at 315). The Education Article does not guarantee any particular level or amount of state funding, but rather it guarantees students the opportunity to achieve a basic level of education.

The two actions presently before us require us to determine whether the claimed violations of the Education Article have been sufficiently pleaded. Defendants in both cases, collectively, are the State of New York, the Governor, the Board of Regents, and the President of the University of the State of New York and Commissioner of Education. Plaintiffs in the NYSER action are individual parents of children in a number of school districts, led by New Yorkers for Students’ Educational Rights (NYSER), an educational advocacy group. Plaintiffs in the Aristy-Farer action are primarily parents of New York City schoolchildren who seek to assert claims on behalf of all similarly situated parents and children. All plaintiffs contend that the State has violated the Education Article by failing to provide students with a sound basic education.

Supreme Court denied defendants’ CPLR 3211 motions to dismiss plaintiffs’ respective complaints.2 Upon defendants’ appeal, in one order, the Appellate Division modified both Supreme Court orders and, as so modified, affirmed (143 AD3d 101, 120 [1st Dept 2016]). In the NYSER action, the Appellate Division modified to dismiss plaintiffs’ third cause of action “except insofar as it challenges the adequacy of defendant State’s education funding accountability mechanisms” and otherwise affirmed (id.). In the Aristy-Farer action, the Appellate Division modified to dismiss the second and third causes of [507]*507action, leaving only the first cause of action pending.3 The Appellate Division granted defendants in both actions leave to appeal to this Court, to answer the certified question: “Was the order of the Supreme Court, as modified by [the Appellate Division], properly made?”

We now hold that the NYSER plaintiffs’ first and second causes of action do not survive a motion to dismiss. With respect to the third cause of action, defendants challenge it, as modified by the Appellate Division, only insofar as it concerns school districts other than New York City and Syracuse. As a result, the third cause of action survives as to New York City and Syracuse. The fourth cause of action, generally alleging an Education Article violation, is sufficiently pleaded as to New York City and Syracuse only, and also survives defendants’ motion to dismiss. The Aristy-Farer plaintiffs do not challenge the Appellate Division’s dismissal of their second and third causes of action, and we conclude that their remaining cause of action should also be dismissed.

I.

We briefly summarize the CFE litigation to provide context. In CFE I, we held that the plaintiffs adequately pleaded that the State had failed to provide New York City students with a sound basic education. We noted that for those plaintiffs to prove their case, they would “have to establish a causal link between the present funding system and any proven failure to provide a sound basic education to New York City school children” (CFE I, 86 NY2d at 318), and later explained the proof should include deficient “inputs” and “outputs” (CFE II, 100 NY2d at 908-909). In CFE II, we upheld the trial court’s finding that the State had failed to fund New York City schools adequately to provide a sound basic education, and we directed the State to “ascertain the actual cost of providing a sound basic education in New York City” (id. at 930). In CFE III, we rejected the lower courts’ determinations that the State had understated the cost of providing a sound basic education in New York City (see Campaign for Fiscal Equity, Inc. v State of New York, 8 NY3d 14, 30 [2006] [CFE III]).

Instead, we held that the obligation to determine the amount and allocation of funds was a peculiarly legislative function, [508]*508and the State had proffered sufficient evidence to justify its estimate as rational. “Accordingly, we declare [d] that the constitutionally required funding for the New York City School District include [d] additional operating funds in the amount of $1.93 billion” (id. at 31). In so concluding, we emphasized our deference to the legislature in areas of education policymaking, budget, and finance. Our decision in CFE III terminated that litigation; no injunctive relief survives that terminatiom

II.

The NYSER plaintiffs allege that, in 2007, following our CFE III decision, the State adopted various programs to increase funding not only for New York City schools, as our mandate required, but statewide. They allege that the State accomplished this through the Budget and Reform Act of 2007 (codified at Education Law § 3602), which included a program, Foundation Aid, that established a new formula for calculating state aid to school districts. However, according to the NYSER complaint, after the 2008 recession, the State froze education spending levels, and later, reduced them. Both the NYSER and Aristy-Farer

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81 N.E.3d 360, 29 N.Y.3d 501, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miriam-aristy-farer-v-state-of-new-york-new-yorkers-for-students-ny-2017.