Dear Commissioner Rosa:
We are writing to make you aware of our constituents‘ concerns regarding the recent Department of Education (the “Department“) emergency rule making for the purpose of mandating the development and implementation of Regionalization Plans (the “Plan”). Along with many of our constituents that have contacted us, we are firmly opposed to the process utilized for this action.
As you know, New York State School Foundation Aid levels for our Long Island school districts were threatened with massive cuts contained in Governor Kathy Hochul’s proposed 2024- 25 Executive Budget. We jointly opposed those massive cuts and were successful in our opposition. Now, this latest Plan seeks to once again have our Long Island school districts overburdened without proper notice or process. Our constituents are not pleased, and neither are we.
According to the information published on September 25, 2024, New York State Register, the Department intends to, without any public comment period, enact this broad and sweeping program, which could fundamentally change resource allocation among our school districts.
As you know, according to the proposed rules, the State has mandated that every supervisory school district in New York State, except the so-called “Big Five” school districts (New York City, Buffalo, Rochester, Syracuse and Yonkers), develop and administer a plan to share and reallocate resources between different school districts. While participation in the resulting plans may not be mandated, the Department cannot guarantee any relevant funding for these plans, as that comes from the budget process. So why at this time, without any participation from the public, nor from the legislature who will ultimately fund these programs, is there an immediate emergency order for the data collection? After listening to the webinar hosted by N-SSBA last night, Boards of Education are left questioning whether or not they can believe this will not be mandated, will Long Island Districts receive funding for anything extra and will this truly be an incentive type program and not a punitive one. Quite frankly, there are far too many questions for any Board of Education to be comfortable with.
In the words of one of our constituents:
“[R]esidents are already burdened with exorbitantly high school taxes, which we pay for in exchange for the high quality and localized educational services that our district provides. The proposed [R]egionalization [Plan] would force us to thin our resources, spreading them across a broader area and diluting the quality of services that our taxes currently support. This reallocation is unacceptable to us as it threatens the autonomy and tailored educational strategies that our community has carefully developed over the years.
“Furthermore, the plan lacks clarity and transparency. It does not provide detailed guidelines on implementation, expected outcomes, or success metrics. This ambiguity makes it impossible for me to understand how the proposed changes will benefit our educational system or justify the significant disruption it will cause.
“Using emergency rule making powers to fast-track this plan bypasses essential feedback and discussion from the most affected — our educators, parents, and local school boards. Such an approach is not only undemocratic, but also prevents us all from preparing for and adapting to these substantial changes.
“The exclusion of the Big Five school districts from this mandate raises serious equity issues. If the objective of the plan is to enhance efficiency and equity statewide, then it should apply uniformly without exempting any district, alongside tax burdens and other ways in which Long Island districts are disproportionately affected. This selective application unfairly burdens smaller districts like ours with disproportionate obligations.”
This passage above is perfectly stated, and we could not agree more. Realistically, there is no emergency which requires this expedited action. In view of the foregoing, we respectfully request that you reconsider this emergency rule making decision and, at the very least, reverse course and present the proposed rulemaking under the normal, non–emergency, procedures mandated by the State Administrative Procedure Act (SAPA). This would allow the public to digest this proposed massive change and, more importantly, allow a reasonable time for public hearings to allow for comments by stakeholders on the proposed change before a decision on its implementation is made. That seems to us to be a reasonable request. Our constituents demand no less, and we concur and unanimously support this demand.
Thank you, in advance, for your attention and consideration of this very important matter.
Hon. Mario R Mattera, NYS Senator, 2nd SD
Hon. Keith P. Brown, NYS Assemblyman, 12th AD
Hon. Michael J. Fitzpatrick, NYS Assemblyman, 8th AD