State supreme court judge tosses city’s education budget – Spectrum News NY1

by | Aug 5, 2022 | Education

A state supreme court judge on Friday ordered the city’s Department of Education to vacate its $38 billion budget, ruling that the city did not follow state protocols when it passed it.Judge Lyle Frank issued the ruling Friday morning, a day after he said he planned to require the city to toss the budget.
The order came in response to a lawsuit filed by a group of parents and educators who argued that the City Council skirted a state education law in passing the budget.
That law requires the Panel for Educational Policy to hold a hearing and vote on the budget before the City Council’s vote. Instead, the City Council held its vote first, with the PEP casting its votes after the fact.
While the city issued an emergency declaration to circumvent the law, Frank on Friday ruled that the declaration was not proper. 
“What was most in question was whether the Emergency Declaration put forth by [Schools Chancellor David Banks] on May 31 was a valid exercise of the Chancellor’s powers. The court finds that it was not, for the reasons indicated on the record,” the judge wrote. 
“As such, the vote of the New York City Council on the FY’23 budget should have occurred after the [PEP] held its own vote on the budget, which it did not,” he added.
City Council Speaker Adrienne Adams deflected blame onto the DOE, saying the de …

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