Years after inadequate state funding was found to have been impacting outcomes in eight high-need small-city school districts, the question of whether New York has done enough to fix the problem was before the state Supreme Court Tuesday.
At issue now is a relatively small piece of a years-long puzzle over how New York funds its schools — and how the state can meet its constitutional obligations while accounting for the evolving and often complex challenges facing of high-need districts. Known as the Maisto case, the plaintiffs include city school districts in Jamestown, Kingston, Mount Vernon, Newburgh, Niagara Falls, Port Jervis, Poughkeepsie and Utica.
In 2021, a court found that inadequate state funding had deprived at-risk students in the districts of the opportunity for a sound basic education — a right established under the state constitution and shaped by years of litigation culminating in a landmark court case leading to the indroduction of foundation aid nearly 20 years ago.
“I implore this court to make real change,” George J. Szary, an attorney arguing for the plaintiffs, told the court.
The group, which represents the needs of the states dozens of small-city districts, says New York still has not done enough while the state insists it has taken significant steps to address funding shortfalls and should be given time to continue that work.
“This case, which is a very long-running case, should finally be at its end,” Jonathan D. Hitsous of the state attorney general’s office argued.
The state points in part to its full funding of Foundation Aid, New York’s primary formula for distributing state education funding. Lawmakers and Gov. Kathy Hochul completed a multiyear phase-in of the formula in the 2023-24 state budget and the state has also studied potential changes to the formula through a Rockefeller Institute report in 2024, as student populations and the costs of providing an education have changed.
“We responded with dramatic increases that were primarily designed to meet the needs of at risk children; that is a rational plan,” Hitsous said.
But attorneys for the plaintiffs argue that increasing overall education spending and relying on metrics in need of recalibration does not necessarily address the particular needs at the center of the case.
“We gave enough money to everybody so these extreme at-risk students, we don’t need to worry about them,” Szary told the court sarcastically.
The Utica School District is one of the eight districts involved in the case. Superintendent Dr. Kathleen Davis told Spectrum News 1 that the needs of students in small-city districts have changed significantly since Foundation Aid was developed nearly 20 years ago.
“They need to look at the work that was provided to them and rethink how the funds are distributed,” Szary said of the Rockefeller study.
Davis pointed to high levels of poverty, large populations of students learning English as a second language as well as a broad range of social and emotional needs that schools are increasingly expected to address in addition to providing normal classroom instruction.
“We’re the hub,” Davis said. “The school is the place where the student is fed; we try to provide the student with clothing they need if they’re without; we provide the social-emotional support. We try to work with our community partners, but that all comes with a cost.”
The Rockefeller Institute ultimately produced 30 recommendations for potential changes to the formula. Davis said only a handful of those recommendations have been enacted over the past two state budget cycles and argues the changes so far do not adequately address the challenges facing districts like Utica.
The state, however, has long characterized the Rockefeller Institute’s recommendations as a menu of options rather than a list of changes that must be adopted in full. The state argued Tuesday that the steps taken so far, including changes to some metrics, including weighting for English Language Learners and students experiencing homelessness, should be allowed to play out before the court requires further action.
“The court should allow that plan to run its course. If the state finds there are issues later on the state is fully prepared to evaluate and correct,” Hitsous said.
The court will now determine whether the state has sufficiently demonstrated that it is meeting its constitutional obligation in the districts or whether additional action is needed.
The decision will come as state policymakers continue a broader debate over the future of Foundation Aid and how a formula created nearly two decades ago should account for the changing costs and needs of New York’s schools.
Hochul’s office pointed to the recent boost in school funding over the past several budget cycles and those tweaks to the formula when asked if additional formula changes could be coming.
“Governor Hochul has committed more funding to Foundation Aid than any of her predecessors, with every school district statewide receiving additional funding in this year’s State Budget. The Governor is committed to making strong investments in school funding to ensure every New York student has access to a quality education,” a spokesperson said.