“The legislature shall provide for the maintenance and support of a system of free common schools, wherein all the children of this state may be educated.” N.Y. Const. art. XI, § 1.


In 1982, in Levittown Union Free School District v. Nyquist, the New York Court of Appeals, the State’s highest Court, held that the state constitution did not mandate equal per-pupil funding across districts, but did require the State to provide students “the opportunity to obtain a sound basic education.” 

In 2003, in Campaign for Fiscal Equity (CFE) v. State, the Court of Appeals upheld the trial court declaration that the State education finance system was unconstitutional and denied New York City schoolchildren the opportunity for a sound basic education. The Court held that the opportunity for a sound basic education means the State must offer the skills necessary to enable children to “function productively as civic participants capable of voting and serving on a jury.” In 2006, the Court further established that a sound basic education must provide students the “opportunity for a meaningful high school education” and prepare them to compete for jobs that enable them to support themselves.

In 2006, the State increased facilities funding for New York City schools, and in 2007, the State enacted a new statewide, operating aid, funding system to be phased in over four years. After two years, the State reversed course and reduced funding.

In 2012, in Maisto v. State, the Court of Appeals, based on Court precedents, denied the State’s motion to dismiss this educational opportunity and school funding case, filed in 2008 by parents in several small city school districts to challenge the State’s underfunding of their schools. The case was tried in 2015, and a decision rendered in 2016. The trial court ruling is on appeal, and the parties anticipate a decision in 2017. For more information see Maisto Overview.

In 2016, in New Yorkers for Students’ Educational Rights (NYSER) v. State, a State intermediate appellate court denied defendants’ motion to dismiss this challenge to State underfunding of school districts statewide. The State appealed, and the parties anticipate a decision in 2017.