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Editorial While the U.S. Supreme Court has attracted the nation's attention for its recent historic rulings on gay rights and affirmative action, New York's highest court -- the Court of Appeals -- has just done some history making of its own. Last week, the court ruled 4-1 that the state's system of funding education is unequal and does not provide enough support to New York City schools and others throughout the state to guarantee a "sound basic education" as dictated by the state Constitution. The decision overturned a lower court ruling that kids are only guaranteed an eighth grade education. Governor George Pataki apparently agreed, as his administration fought to defend that decision before the high court. The judges rightly disagreed and ordered the state legislature to come up with a fairer system by next summer that will provide the space, supplies and quality teachers necessary for students to succeed. And it is with the legislature that the potential for success or failure of this enlightened ruling lies. Courts in many other states, including Texas, Kentucky and New Jersey have handed down similar landmark rulings. But the prospects for change almost always get bogged down in the state legislatures, where the problem usually began in the first place. School funding is usually based on delicate political deals that have more to do with which constituencies have the most political power, like New York's suburbs, than which populations have the greatest need. Unlike New York City, most other jurisdictions raise money for schools, at least in part, through the property tax. The richer a community, the more money there is for schools. Writer Jonathan Kozol drew a devastating picture of how this system severely shortchanges poor kids all over the country in his excellent book, "Savage Inequalities." As the end of the current legislative session so aptly illustrated with its failure to reform the draconian Rockefeller drug laws and its last-minute attempt to address rent regulations, state lawmakers will probably not seriously address such a monumental issue unless it is forced to. Luckily, the Campaign for Fiscal Equity, the New York City-based organization that worked on the suit for a decade, seems well equipped to do just that. Through outreach and educational forums all over the state, the group has been recruiting allies and raising awareness on this issue. This is not a case of New York City vs. the rest of the state. It is a battle to fulfill the basic promise of American democracy that we all have a chance to succeed regardless of our background. Creating good public schools in poor and rich neighborhoods alike is essential to level the playing field. There will be tremendous obstacles on the path toward a fairer system. The new system the legislature may devise by next year is unlikely to be the last word. If other states are any guide, the Court of Appeals will speak again as they will inevitably be frustrated by an insufficient remedy. But New York has the benefit of other states' experience, which have provided lessons activists already seem to have a handle on. The court's ruling is right and just. But it is only the beginning of a long, difficult fight. It is now up to each and every one of us to hold our elected officials in Albany accountable and to bring that promise of democracy a little closer to realization.
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