Judge puts a hold on school budget cuts
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A judge granted a temporary restraining order and set a court date for a lawsuit alleging Department of Education cuts, endorsed by Mayor Eric Adams, made in this year’s city budget were made outside of procedure. Photo courtesy Michael Appleton/Mayoral Photography Office
By Rachel Vick
Last Friday, Manhattan Supreme Court Justice Lyle Frank granted a temporary restraining order and set a court date for a suit against the city for allegedly cutting school funding outside procedure.
Counsel for the city, Department of Education and Chancellor David Banks will face a group of parents and teachers in court on Aug. 4 and can’t implement any cuts until the matter is settled.
“We continue to believe that the cuts are causing irreparable harm to students and teachers,” said Laura Barbieri, an attorney from Advocates for Justice who is handling the case. “We hope to win this case on the merits, as the cuts were enacted in a manner that clearly violates state law.”
The suit, filed July 17, alleges Banks and the chancellor violated New York State Education Law by adopting the 2023 citywide budget without input from the Panel for Education Policy, which includes public comment.
The City Council voted to adopt the budget on June 13 ahead of the June 23 board meeting, which included a $215 million decrease in the DOE budget.
Filings on behalf of parents Melanie Kottler and Tamara Tucker and teachers Sarah Brooks and Paul Trust also claim the cuts represent a failure to meet the “constitutional mandate to provide a sound basic education” to public school students.
Petitioners condemned the cuts the city claimed were in response to declining enrollment, pointing to potential impacts including loss of teachers and entire programs — perhaps exemplified by Trust being let go after decades with a school forced to cut its music program.
The restraining order prevents the city from enacting the 2023 cuts or spending at levels other than the 2021-2022 budget allows.
The city maintains that the budget was passed in accordance with procedure, though the filings come as a number of councilmembers who initially helped pass the budget condemn the slashed funding for schools.
Council Speaker Adrienne Adams told WNYC’s Brian Lehrer the body did not have adequate details concerning the cuts during the negotiations earlier this year. Comptroller Brad Lander has said cuts were underestimated by more than $100 million and that while allocation is based on enrollment, funding is from tax revenue — not a per-student basis.
There is at least $620 million in unspent federal COVID stimulus for the DOE, according to Lander.
“If we just take that rollover and apply it to these cuts, we don't have to force our schools to make cuts to go down from four third grades to three third grades or eliminate the art or music program right as we're coming through the pandemic,” he told Lehrer July 14.
The administration allegedly offered — and was turned down — to restore $250 million in funding to schools if the council agreed to sign a joint statement that future cuts to schools will be necessary later down the road, Gothamist reported.
Spokesperson for Mayor Eric Adams Amaris Cockfield said the administration planned to file a motion to vacate the injunction last night.
“The budget was duly adopted by the City Council and is in accordance with all charter mandated protocols,” Cockfield told the Eagle.
