J. Ciparick (Judge, Court of Appeals of New York). Court of Appeals State of New York. 6/15/1995.
ABSTRACT: The Campaign for Fiscal Equity, a not-for-profit corporation of concerned citizens, 14 of New York's 32 school districts, and several students and their parents brought an action challenging the constitutionality of the state's public school financing. Three defendants (the State of New York, the Senate Majority Leader, and the Assembly Minority Leader) brought a motion to dismiss on the grounds that some of the plaintiffs could not bring this type of action and that the complaint failed to state a cause of action. The supreme court granted defendant's motion to dismiss in relation to the plaintiff school districts. The court also dismissed the remaining plaintiffs' equal protection and Title VI claims, but ruled that these remaining plaintiffs had a valid cause of action under the Education Article and Title VI's implementing regulations. The Appellate Division modified the decision and granted the defendant's motion to dismiss all claims. According to the Appellate Division, the plaintiffs' claims had been fully tried and determined by the court in Levittown, and the state had not violated Title VI implementing regulations. The Court of Appeals reversed and held that the non-school district plaintiffs had a valid cause of action under the Education Article and under the implementing regulations of Title VI.