Magazine article Black Issues in Higher Education

Judge Rules New York City Cannot Withhold Funding for City University System in Remediation Dispute

Magazine article Black Issues in Higher Education

Judge Rules New York City Cannot Withhold Funding for City University System in Remediation Dispute

Article excerpt

NEW YORK - New York City Mayor Rudolph W. Giuliani lost another round in his high-pitched, high-stakes battle with the City University of NewYork system over remedial education.

State Supreme Court Justice Michael Stallman ruled late last month that city officials have no authority to force the university system to bend to their will and test all remedial students. The city had threatened to withhold funding.

But Stallman killed a 1999-2000 city budget provision that would have required students in remedial classes in CUNY's six community colleges to pass tests before taking regular college courses.

The provision would have let the city withhold $88.2 million that had been included in the budget for CUNY unless it adopted the testing requirements by the beginning of this month.

Stallman ruled that CUNY's board of trustees was created by the state Legislature, which gave the board exclusive power over academic requirements and university governance. …

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