Tied to CFE Funds
Appeals Court Gets Class-Size Case

By HOWARD MEGDAL

A State Appellate Division panel heard arguments last week in a lawsuit which aims to put a referendum on the November ballot forcing the city to spend 25 percent of any Campaign for Fiscal Equity suit settlement on lowering class size.

DAVID PATERSON: Large classes hurt kids.

The case was brought by New Yorkers for Smaller Classes, a coalition which includes the United Federation of Teachers, after Mayor Bloomberg's Corporation Counsel issued a ruling that kept the referendum off of last ballot.

Enlist Cuomo, Paterson

Democratic Attorney General candidate Andrew Cuomo and State Senate Minority Leader David Paterson, a candidate for Lieutenant Governor, joined City Council Speaker Christine Quinn, UFT President Randi Weingarten and others on the steps of City Hall in support of the suit.

"We need significantly smaller classes and we need a portion of any CFE award to make that happen," Ms. Weingarten said. "Smaller class sizes lead to consistently higher student achievement, a narrowing of the achievement gap, lower dropout rates and fewer discipline problems." The Appellate Division of State Supreme Court ruled earlier this year that the state was shortchanging the city by between $4.7 and $5.63 billion annually in funding. However, the court further found that it was up to the State Legislature, not the judiciary, to determine the appropriate increase in funding.

The presence of Mr. Paterson, Democratic gubernatorial nominee Elliot Spitzer's running mate, but not Mr. Spitzer himself, raised questions about whether Mr. Spitzer would support the lawsuit's aims if he is elected. Mr. Spitzer's campaign did not respond to calls seeking comment.

Numbers 'Mind-Boggling'

"Common sense says a student in a Regents math class with 33 or 34 children - the average in New York City - will not get anywhere near the attention given to a child in a class of 20, the average in the rest of the state," Mr. Paterson said. "Those numbers are simply mind-boggling and our children are being hurt."

Speaker Quinn took the opportunity to tout a program that she pushed, adopted by Mayor Bloomberg, that increased pre-kindergarten participation in the city.

"The City Council is proud to have helped create 2,000 new full-day slots of universal pre-kindergarten to give our kids the foundation they need to succeed," Ms. Quinn said. "We look forward to working with New Yorkers for Smaller Classes, the UFT and others to secure smaller class sizes and new and improved schools."