Forgotten equity: The promise and subsequent dismantling of education finance reform in New York State

This study examines the impact of court-ordered finance reform in New York State resulting from Campaign for Fiscal Equity v. State of New York on equity of inputs using synthetic controls. The findings herein indicate court mandated education finance reform in New York had little to no impact on equity of educational inputs despite an overhauled education finance system intending to distribute more state funding based on student need. In the period during and following the Great Recession, the State of New York chose to cut districts’ foundation aid, a form of aid designed to be distributed progressively, halting any improvement in equity. Had funding been distributed to districts according to the foundation formula that was specified by the education finance reform legislation passed in 2007, high poverty districts would have received more funding and disparities in funding across districts with similar characteristics would have been reduced. I also show that other forms of aid, which are regressively distributed, could have been cut instead of foundation aid, allowing for more funding to flow to high poverty districts in a time of fiscal constraint.

Conceptualising and enforcing the right to quality education for minorities and disadvantaged groups: reflections on the Campaign for Fiscal Equity litigation

This chapter examines how the focus on ensuring quality education for all can strengthen both the conceptualisation and enforcement of the right to education for minorities and disadvantaged groups, considering the Campaign for Fiscal Equity litigation in the New York State courts as a case study. The Campaign for Fiscal Equity litigation, which dealt with the constitutionality of New York State's education financing scheme, clearly demonstrates the strategic value that a human rights-based assessment of quality holds for ensuring equality in education provision. While the plaintiffs' argument based on education equality failed, their successful claim based on education adequacy indirectly helped to ensure a more equitable allocation of funding to public schools in New York City. The litigation also shows the close link and challenges between the conceptualisation of the right to quality education and the court's role when enforcing it.