Challenge to New York State’s Charter School Funding Law

Herrick achieved an important victory on behalf of the plaintiffs in Brown v. New York, securing a ruling in New York State Court denying a motion to dismiss our lawsuit challenging New York State's method of funding public charter schools. Our clients, five families whose children attend charter schools in the state and a Charter School advocacy organization for its member New York charter schools, argue that New York's practice of providing charter students with as little as three-fifths of what district students receive in the same community, violates the state Constitution and disproportionately affects children of color and lower incomes. The ruling was particularly important as similar claims raised by charter school parents in four others states – North Carolina, New Jersey, Arizona and Texas – all failed to survive defense motions to dismiss. Herrick continues to represent the clients in defending the ruling on appeal to the Appellate Division, Fourth Department.