Image courtesy of David Castillo Dominici FreeDigitalPhotos.net
The New York State Teachers Union (“NYSUT”), long time opponents of the real property tax cap, is threatening to test the tax cap’s legitimacy. In a recent article, NYSUT threatened to sue the State over the tax cap in state court. Citing issues with equity and whether democratic processes were followed when the tax cap was enacted, NYSUT’s President Richard Iannuzi alleges that the tax cap, coupled with cuts in state aid to our school districts, creates a pronounced disparity between wealthier and poorer school districts. To that end, NYSUT has commented that this disparity adds to New York’s “Achievement Gap,” rather than helping to close it, and has called the tax cap itself an “educational failure.”
In response to the threat of litigation, the Governor’s office has touted the (apparent) success of the cap. It has not, so far as this writer is aware, directly addressed NYSUT’s allegations that the cap favors wealthier districts, or that the State failed to follow democratic processes in passing the cap.
According to a search performed via ecourts.gov, NYSUT has not commenced the threatened law suit (as of October 30, 2012). Iannuzi said that litigation papers could be filed later this year.