By ALFREDO ALVARADO

In a historic court decision, State Supreme Court Justice Leland DeGrasse attempted to rectify a longstanding inequity in school funding that cheats New York City students of $1 billion a year.

But justice has been delayed, because Gov. George E. Pataki has been blocking the funds for 16 months by appealing the decision to higher courts. DC 37 is pressing for implementation of the landmark ruling and asking Mayor Michael R. Bloomberg to urge the governor to drop the appeal.

In his January 2001 decision, Justice DeGrasse blamed the "parlous state" of the city's schools on state funding formulas that he ruled illegal.

He said the formulas have shortchanged the city's students for several decades and deprived them of the "sound, basic education" guaranteed by the New York State Constitution.

The highly respected jurist also decreed that the state's deficient funding system violates the federal Civil Rights Act of 1964 by causing an adverse and disparate impact on minority students. Over 70 percent of the state's minority children live in New York City.

"Justice DeGrasse heard all of the evidence and made the decision that there is a serious inequity in funding that is hurting New York City," said Veronica Montgomery-Costa, president of District Council 37 and of Board of Education Employees Local 372.

The court ruling showed that New York City received at least $1,000 less per student than other areas of the state, shortchanging the city's 1.1 million students by more than $1 billion.

Gov. Pataki recently announced that he planned to increase the amount of aid to schools statewide and claimed that he had all but eliminated the geographic inequities in public school funding. But he is still appealing the court decision.

"Governor Pataki should drop his appeal and honor the court's decision," said Ms. Montgomery-Costa.
"The $1 billion would not only prevent cuts in the public education system, but could also help repair crumbling school buildings for the students and our members," said Ms. Montgomery-Costa. Looming cutbacks in the current budget crunch would close after-school and weekend programs that provide remedial assistance, and eliminate many jobs in the Board of Education.

"The money is desperately needed to aid the city's school system which is in dire need right now," she said, pointing out that the increased funding would even help the city balance its overall budget.

Like his predecessor, Mayor Bloomberg has aggressively sought to abolish the Board of Education. But while former Mayor Rudolph W. Giuliani expressed his disappointment over Gov. Pataki's appeal of the court ruling, the new mayor has remained silent on the issue. "For the good of our members, the quality of education for our children and the entire city, we need the mayor to support this court decision," said Ms. Montgomery-Costa.

The breakthrough court ruling came after an eight-year legal battle by a group called the Campaign for Fiscal Equity, working with the support of DC 37 and Local 372. The union filed a "friend of the court" brief in the case.