February 8, 2005

 

Justice Leland DeGrasse

New York State Supreme Court

60 Centre St.

New York, NY 10007

 

Dear Justice DeGrasse:

 

Last week, we wrote you that the need for additional accountability and oversight over the use of the CFE funds was reinforced by the request for an audit of New York City’s spending of the state class size reduction funds by three elected officials, City Council Speaker Gifford Miller, State Senator Eric Schneiderman, and City Councilmember Robert Jackson, a plaintiff in the CFE lawsuit.

 

This request, made to the New York State Comptroller’s office, was triggered by evidence that New York City Department of Education officials had misreported class size data, and that while officials claimed that they had formed 1,586 additional classes in grades K-3 with use of the state funds, our schools had only 540 more classes in these grades than before the state class size reduction program began. 

 

Following the request for an audit, DOE officials said that they had been cleared of any allegations of misuse of these funds by an earlier audit carried out by the State Comptroller’s office.  In response to these comments, the Comptroller shared with reporters and advocates a previously unknown audit that showed the opposite:  that as of 2002, DOE had formed only 55% of the additional classrooms in grades K-3 for which they had received funding under the state program. Rather than requiring stricter compliance, as had been recommended, the State Education Department apparently did nothing, allowing New York City to slip from 55% compliance to approximately 33% last year. This previously unreported 2003 audit is available at http://nysosc3.osc.state.ny.us/audits/allaudits/093003/093003-h/02s33.htm

 

Moreover, just yesterday the City Comptroller released a letter, which calls into question claims by Department of Education officials that their restructuring efforts had led to cost savings that were redirected to the classroom.  The letter instead pointed out that despite a significant rise in overall funding, our schools have lost more than 2,000 teachers over the last two years.  City Comptroller William Thompson also wrote in this letter that “DOE fiscal reporting practices have become markedly less transparent since the Department's restructuring. …DOE has misapplied certain units of appropriation to report expenditures, commencing with FY 2004, in a way that makes it difficult, if not impossible, to track its use of public funds." 

 

These new, previously unreported findings from the State and City Comptroller’s offices, pointing to DOE’s  lack of transparency and irregularities in the use of education dollars further emphasizes how critical it will be to provide strengthened accountability with the additional resources that the city is likely to receive as a result of the CFE case. We have to ensure that there is accurate reporting and sufficient public scrutiny as to the use of these funds, as well as rigorous and enforceable class size targets, so that a significant share of these additional resources go towards remedying the specific school and classroom conditions that were found to be deficient in the case.  Only if strengthened accountability, public review and oversight are provided can we be assured that one day our children will receive their constitutional rights to a sound basic education.

 

News reports of the findings of the State and City Comptroller’s offices follow.

 

 

Sincerely,

 

 

           

Leonie Haimson

Executive Director, Class Size Matters

 

 

cc: Michael A. Rebell

Campaign for Fiscal Equity, Inc.

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Elliot Spitzer
Attorney General of the State of
New York
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Richard Rifkin
Deputy Attorney General of the State of
New York
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