An appeals court ruled in June that the state could continue granting less education aid for New York City kids than upstate because the city schools meet the minimal requirement of providing an eighth to ninth grade education and preparing pupils for low-level jobs.

The 4-1 appeals panel decision overturned last year's landmark ruling by State Supreme Court Justice Leland DeGrasse that said Albany has been cheating city school kids out of at least $1 billion a year.

DeGrasse found that the arcane state funding formula denied city students the "sound basic education" required by the state constitution and violated civil rights laws by discriminating against the city's heavily minority student population.

The DeGrasse ruling would have forced Albany to increase education aid to New York City, but Gov. George E. Pataki appealed the decision.

On June 25, a panel of the Appellate Division of State Supreme Court ruled that the constitution obliged the state to provide no more than a middle-school-level education, and to prepare students for nothing more than jobs such as fast-food cooks and bike messengers.

"This decision sends a terrible message," said Veronica Montgomery-Costa, president of DC 37 and Board of Education Employees Local 372.

"At a time when education is supposed to be a top national priority, this court is saying that a sound basic education is an eighth or ninth grade education."

Pataki wins, kids lose
State Comptroller H. Carl McCall called the ruling, "nothing short of outrageous." The gubernatorial candidate said Gov. Pataki "should be ashamed of himself" for contesting the case in court.

"Schools cannot hope to provide equal education with thousands less per student than their suburban neighbors," said former Chancellor Harold O. Levy.

"It's ridiculous to believe our children are only entitled to an eighth-grade education," said the lead plaintiff in the case, City Council member Robert Jackson.

"This is obviously a blow to all the New York City school children who must compete in a modern day society that will require more education, not less," said Ms. Montgomery-Costa.

DC 37 filed a "friend of the court" brief in the case, which was initiated eight years ago by the Campaign for Fiscal Equity. CFE is appealing to the state's highest court, the Court of Appeals.

"This local will continue to fight on every front to gain adequate funding for the school system in New York City," said Ms. Montgomery-Costa.