New York State Supreme Court Judge Lyle E. Frank has restored the education budget to the NYC City Council budget, saying the process upon which the budget was established violated state law and allowing City Hall a new vote.
On July 18, New York City parents and educators filed a lawsuit against the NYC public school budget cuts proposed by the NYC Council prior to a mandated vote but the Board of Educations.
However, the NYC Council voted to adopt the city’s executive budget on June 13 – 10 days before the Board of Education was due to hold their own vote.
“The budget cuts will cause all the students at PS 169 to suffer,” said complainant Sarah Brooks statement when the lawsuit was filed in July 18. “They will lose out on specialized instruction, mental and academic supports, and the vital opportunity to learn outside of the confines of their own neighborhoods. The Special Education program will be markedly and significantly impaired. Our students deserve more from their schools.”
On Aug. 4, Judge Lyle ruled in favor of the plaintiffs, who claimed in the lawsuit that NYC’s budgeting process for schools violated state law.
“The New York City FY ’23 [Fiscal Year 2023] budget as it relates to expenditures by the Department of Education only is vacated and all such spending levels shall revert back to the levels in the Fiscal Year 2022 New York City budget” Judge Lyle said in his three-page order, which he signed Aug 5. “It is further ordered that the New York City Council and the Mayor of the City of New York shall be authorized to amend the Fiscal Year 2023 New York City budget” for education, the judge wrote. While the order allows officials to renegotiate the education budget, it does not require them to do so.
Not only did Judge Frank allow a City Hall recount, but he chose to continue the temporary restraining order (TRO) on Aug 4, which prevents the Department of Education (DOE) from making cuts to school funding,
However, representatives from City Hall made it clear that they would be appealing the decision.
“Students, teachers, and parents need finalized budgets to ensure they are on track for a smooth opening next month,” said a City Hall spokesperson. “We are disappointed in the judge’s ruling, and will be taking immediate steps to appeal.”
Last updated 8/5/2022 4:55 PM
