Civil Rights Organizations Urge NY’s Highest Court to Uphold Decision on School Segregation
Education Law Center and the New York Civil Liberties Union (NYCLU) filed an amicus brief urging New York’s highest court, the Court of Appeals, to permit the plaintiffs in a groundbreaking school segregation case, IntegrateNYC, Inc. v. State, to proceed to trial.
In 2021, IntegrateNYC, a youth-led organization, along with two parent organizations and current and former New York City public school students, sued New York State and City education departments and leaders. They charged that both state and city policies result in school segregation in city high schools and deprive Black and Latinx students of their rights to a “sound basic education” and equal protection under the New York State Constitution. They also contend that these policies subject them to discriminatory practices under New York’s Human Rights Law.
In the intervening time, the defendants moved to dismiss the case, and the lower court granted the motion. That decision was reversed by the New York Appellate Division, First Department. In a decision that was the first of its kind in New York, the Appellate Division ruled that school segregation may violate the “sound basic education” requirement under the Education Article of the New York Constitution. The defendants then appealed to the Court of Appeals.
The brief submitted by ELC and the NYCLU argues that the plaintiffs stated a viable adequacy claim under New York’s Education Article by alleging inadequate educational resources (“inputs”) and student outcomes (“outputs”), including inadequate test scores and graduation rates, that are attributable to the State.
In addition, the brief:
- Rejects the defendants’ assertions that only school funding claims can be brought under the Education Article, because the plaintiffs’ allegations are consistent with the precedent in New York State that recognizes the contours of a constitutionally “sound basic education” must evolve to serve the future as well as the present day;
- Notes that the plaintiffs set forth detailed allegations regarding deficiencies in essential educational inputs in segregated schools in New York City, including qualified teachers, adequate facilities, adequate instrumentalities of learning, and sufficient support staff;
- Argues that integration itself is a necessary “input,” citing the New York Court of Appeals’ holding in the landmark case, Campaign for Fiscal Equity v. State (CFE), that the ultimate goal of a constitutionally “sound basic education” is “meaningful civic participation” in contemporary society. The brief also points to sister state precedent, in particular in New Jersey and Minnesota, ruling that segregation is inimical to the constitutional guarantee of an adequate education;
- Contends that the facts in the complaint are sufficient for an Equal Protection violation under New York’s Constitution, including purposeful discrimination associated with the enactment of the 1971 Hecht-Calandra Law imposing the Specialized High School Admissions Test and its disparate impact on Black and Latinx students.Similarly, New York City’s Gifted and Talented programs utilize criteria that discriminate against Black and Latinx students, which further perpetuates school segregation and deprives those students of equal educational opportunities.
Oral argument in the case is scheduled for September 10, 2025.
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Sharon Krengel
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