News & Events

The Firm has scored another victory in its 11-year pro bono effort on behalf of the Campaign for Fiscal Equity, to increase state funding for New York City public schools. In a 3-2 decision issued on March 23, 2006, the Appellate Division First Department ordered the Legislature and the Governor to provide the City's schools with at least $4.7 billion in operating aid over current levels and $9.2 billion in additional capital construction aid over the next four years. The State defendants had sought to limit the increase to $1.93 billion with no additional money for capital aid. The Court also instructed that the first installment must be included in the state budget for 2006, giving the Governor and the Legislature just over a week to comply with an April 1 deadline. The majority opinion, written by Justice Buckley, chided the State for its continuing failure to provide New York City school children with the constitutionally mandated opportunity for a sound basic education, but stopped short of ordering that the State provide a specific amount of money for school operations. Instead, the Court found -- based on overwhelming evidence -- that a minimum amount somewhere between $4.7 billion and $5.63 billion is needed and left it to the Governor and the Legislature to decide on a figure within that range. The Court also found that the State defendants had failed to provide any evidence at all to dispute the $9.2 billion for capital aid. The Appellate Division had twice before thrown the case out entirely.

In dissent, Justices Saxe and Tom (who had previously found no constitutional violation and no need for additional funding when the case was previously before the Appellate Division) urged that more stringent measures were required to bring the State into compliance with the Court of Appeals' 2003 decision in the case. They argued that no less than $5.63 billion was needed to bring the City schools up to constitutionally adequate levels and that the State should be ordered to spend that specific amount.

The Firm has represented the Campaign for Fiscal Equity through a 7-month trial and numerous appeals. Numerous STB lawyers have worked on the case over the years. The Simpson Thacher team currently representing CFE includes Joe Wayland, Dan Tabak, Jason Stone, Chad Leicht and paralegal Sean Weekes