EDUCATION LAW CENTER
NEW YORK APPEALS COURT ORDERS CUOMO ADMINISTRATION TO RELEASE SCHOOL IMPROVEMENT GRANTS
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 schools can now plan to restore these programs to improve performance and help their students succeed.”
“Mr. Mujica had no legal basis for impounding these grants in the first place,” said ELC Executive Director David Sciarra. “It’s tragic that the Cuomo Administration would waste time and money to defend their illegal action in court, rather than working cooperatively with local educators to improve outcomes for vulnerable children.”
In addition to vacating the stay, the appeals court also granted the parents’ motion to expedite consideration of the merits of the appeal, placing it on the court’s May 2017 calendar.
For more information about Cortes v. Mujica, visit these pages on the Education Law Center website.
Education Law Center Press Contact:
Sharon Krengel
Policy and Outreach Director
skrengel@edlawcenter.org
973-624-1815, x 24
Thanks for posting! One correction (our error): the amount the DOB froze was $69 million, not $37 million.
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Why were the funds frozen? To starve public schools?
My first thought, too. I know I could read the full legal brief but don’t have the patience.
Excellent. I have really begun to appreciate the judiciary in a new way. They have become ‘the buck stops here’ in this era of tyrannical governors & their high-handed, corrupt, nepotistic exec agencies.
I expect we will see more court challenges as the tyrants try to destroy democracy. My friends in Texas are very concerned about the HR 610 bill which seems to say states need only to provide the most basic for instruction. This may be a vehicle for pushing vouchers.https://www.congress.gov/bill/115th-congress/house-bill/610/cosponsors
Right. I think it was in Michigan that they said literacy is not a fundamental right. Not the state’s responsibility.