The Jamestown School Board of Education was given a presentation about the “Small Cities” lawsuit the Jamestown Public Schools District is involved in during the Tuesday meeting. Pictured is Nina Karbacka, JPS board member, and Joe DiMao, former JPS board president, giving a presentation regarding the lawsuit. P-J photo by Jordan W. Patterson

Judge Kimberly O’Connor handed down her decision regarding the “Small Cities” lawsuit last month against Jamestown Public Schools and the other seven small city school districts. On Tuesday, the board of education heard a presentation weighing the pros and cons of being involved in the lawsuit.

The district has been involved in the Maisto et al, v State of New York, or commonly referred to as the small cities case, for more than a decade now. The plaintiffs in the case include Jamestown, Kingston City School District, Mount Vernon City School District, Newburgh Enlarged City School District, Niagara Falls City School District, Port Jervis City School District, Poughkeepsie City School District and Utica City School District. The eight involved school districts were anticipating a favorable decision last month when the opposite happened when another decision ruled against them.

Nina Karbacka, board member, and Joe DiMao, former board president, gave the presentation inside the Jefferson Middle School auditorium. Karbacka is a member of the New York State Association of Small City School Districts (NYSASCD) and DiMao serves on an advisory board for the organization. During their presentation, Karbacka and DiMao explained why the lawsuit and the district’s membership to NYSASCD is important to the Jamestown.

The case stems from a previous court ruling brought forth by the Campaign for Fiscal Equity in 2003. The decision helped create the Foundation Aid Formula which promised $5.5 billion in additional state aid to school districts across New York state in 2007. During the 2009-10 school year, the state halted Foundation Aid. In 2010-11, the state created Gap Elimination Adjustment in attempts to balance the state budget and effectively cut state school aid. The involved school districts have been in a lengthy legal battle regarding the funding of foundation aid to provide a sound basic education since.

In October 2017, the Appellate Division reversed trial court O’Connor’s 2016 decision dismissing the case involving eight state school districts. In January, O’Connor again ruled against the small city school districts, but DiMao told the board that the small city schools’ attorneys are confident in a potential appeal to the recent decision.

Paul Abbott, JPS board president, asked DiMao and Karbacka if the continuous back and forth of unfavorable decisions and successful appeals would ever change? Secondly, he asked if continuing the district’s involvement in the lawsuit benefits Jamestown? DiMao admitted the ongoing battle has been redundant, but noted the Court of Appeals has the ability to make a final ruling and not send the case back to O’Connor.

Bret Apthorpe, JPS superintendent, admitted Abbott’s question was “fair” and one the board needs to consider. However, he emphasized the importance of the district’s membership to NYSASCD.

“I definitely think the association is really critical,” Apthorpe said.

As for any potential appeal from the small city school districts, Apthorpe said the districts have yet to meet to discuss if they will pursue such an action. The school districts have until Feb. 25 to file an appeal.

“It’s in the preliminary stages,” he said.

In other news, at the end of the meeting Abbott asked for a motion to go into executive session for “discussing a disciplinary matter with individual personnel.” When Apthorpe was asked about the “disciplinary matter,” he said Abbott misspoke. Apthorpe pointed to the board agenda that described the need for executive session being for “collective negotiations and particular personnel.”

“It’s not disciplinary,” Apthorpe said regarding the need for executive session.