Court Orders New York to Release School Improvement Funds to Schools
by Education Law Center
In a major victory for parents, a New York appeals court has ordered the State Division of Budget to immediately release over $37 million in improvement grants to 20 needy schools across the state. A year ago, the grants were frozen by Governor Andrew Cuomo's Budget Director, Robert Mujica, triggering a lawsuit by parents of students in three of the affected schools.
"I am most happy for the children who would benefit from these funds as it shows them that there are people other than their parents who care about their future," said Curtis Witters, a parent plaintiff in the lawsuit. "I hope the schools will utilize these funds to help our students be as successful and progressive as possible."
Education Law Center represents the parents of students in the three schools: Hackett Middle School in Albany, Roosevelt High School in Yonkers, and JHS 80 Moshulo Parkway Middle School in the Bronx.
In an order issued today, the appeals court "vacated," or lifted, a "stay" of a December 28, 2016, decision by Judge Kimberly O'Connor in Albany finding Mr. Mujica had acted illegally in withholding the grants. Judge O'Connor directed the Budget Director to immediately release the impounded grant funds.
An appeal of by the Cuomo Administration triggered an automatic stay of Judge O'Connor's ruling. The parents then asked the appeals court to lift the stay, citing the urgent need to release the funds so needed programs could be implemented in the upcoming (2017-18) school year. Today's order clears the way for the funds to be released so the schools can begin their planning process.
"We are pleased the Appellate Division ordered the immediate release of the grant funds," said Wendy Lecker, ELC Senior Attorney. "These grants were frozen illegally, forcing the schools to discontinue vital academic and support services in the current school year. These Education Law Prof Blog:
