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Three struggling New York City schools in line to get millions in back payments from the state

Nearly two weeks after 124 public school campuses were shuttered, it’s unclear when those buildings will reopen. Above, Mayor Bill de Blasio, left, and Gov. Andrew Cuomo at a press conference in 2014.
Mayor Bill de Blasio and Gov. Andrew Cuomo at a press conference in 2014.
Kevin P. Coughlin-Office of the Governor/Flickr

Three struggling schools in New York City will receive millions of dollars in back payments from the state, thanks to a recent ruling from an appellate court.

The schools — Automotive High School and P.S. 328 Phyllis Wheatley School in Brooklyn and Mosholu Parkway Middle School in the Bronx — were added to the state’s list of persistently struggling schools in July 2015, making them eligible for extra state funding.

But last February, the State Education Department, citing new test data, removed four of the seven original “persistently struggling” New York City schools from the list. One of the schools, P.S. 64 in the Bronx, was closed. Because the remaining three were no longer on the list of lowest-performing schools, they became ineligible for their second year of funding through the grant, according to the state Division of the Budget.

That decision angered advocates such as the union-backed Alliance for Quality Education, which helped organize parents to file suit over the lost funding, which amounts to more than $3 million for the three New York City schools alone. Most of the $75 million originally granted to struggling schools never made it to them, according to Wendy Lecker, an attorney at the Education Law Center, who helped argue the case. Twenty total schools are owed money, according to the ELC.

“We’re thrilled the money can now be released to the schools because the money was providing vital services that were completely interrupted,” Lecker said, including extended learning time and additional teacher training. “It will affect hundreds of kids.”

Last week’s decision, issued by a panel of state judges, technically doesn’t end the litigation. The ruling lifts a stay that had frozen the funding while the case continues on to an “expedited” appeal, Lecker said. In the meantime, the state must release the money.

But since the case hasn’t been completely resolved, it is possible that the schools would have to hand the money back, though Lecker believes that outcome is unlikely.

Since the lawsuit was filed last September, different arms of the state bureaucracy have pointed fingers at each other over who is responsible for withholding the money, even while they all agree the money should be paid out. The state Division of the Budget has largely blamed the State Education Department, while SED said removal from the persistently struggling schools list should not require a loss of funding.

Morris Peters, a spokesman for the state Division of the Budget, would not comment on whether the state will keep pursuing the case. “We’re reviewing the decision,” he wrote in a statement.

And for its part, the State Education Department seemed to celebrate the decision. “We are pleased with the Court’s decision to lift the stay,” spokeswoman Emily DeSantis wrote in an email, “and allow for the release of funding for these at-risk schools.”

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