Maisto v. State of New York:
Fighting for Fairness in School Funding
Overview
The Maisto v. State of New York case, widely referred to as the Small Cities School Districts Funding Lawsuit was filed by parents and students from eight small city school districts who argued that New York State’s funding system fails to provide their children with the “sound basic education” guaranteed under the State Constitution (Addendum A to Brief).
The plaintiffs' districts are Jamestown, Kingston, Mount Vernon, Newburgh, Niagara Falls, Port Jervis, Poughkeepsie, and Utica, represent the broader inequities that affect all 57 small city school districts across New York. These communities educate tens of thousands of students, many from high-poverty and high-need populations yet continue to operate with funding levels that do not reflect the true cost of providing quality education.
Where the Case Stands
The State, on May 27, 2021, was found to have violated Article XI section 1 of the State Constitution for at-risk students in Maisto districts.
The case is now in the Remedy Phase (on appeal). Plaintiffs' counsel has submitted legal briefs and expert reports to demonstrate that the State’s Foundation Aid formula remains irrational and insufficient to meet student needs.
Two leading education finance scholars: Professor Stephen Uebbing (University of Rochester) and Professor Bruce Baker (University of Miami), have provided empirical evidence showing that New York’s current formula fails to meet constitutional standards. Their studies reveal that, despite partial increases in aid, small city districts remain systematically underfunded and unable to provide the staffing, supports, and programs students are constitutionally guaranteed.
The appeal seeks to compel the State to develop a constitutionally sound, evidence-based funding formula grounded in professional judgment, actual costs, and student need.
NYSASCSD’s Role
The New York State Association of Small City School Districts (NYSASCSD) has been supporting this case since its inception.
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Data & Advocacy: Through partnerships with scholars like Bruce Baker and Stephen Uebbing, NYSASCSD continually provides data-driven analysis proving the ongoing shortfall in Foundation Aid.
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Policy Impact: The Association’s advocacy has already contributed to historic increases in Foundation Aid statewide, but as the Maisto evidence shows, true equity remains unfinished business.
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Education & Engagement: By hosting events such as the NYSASCSD Luncheon at the NYSSBA Conference, where Dr. Bruce Baker will present “New York’s Foundation Aid Formula: Adrift and Sinking,” the Association continues to educate, mobilize, and unify leaders across the state.
What’s at Stake
If successful, this appeal could:
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Compel the State to adopt a fair, needs-based funding formula that reflects the actual cost of educating every student.
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Increase Foundation Aid allocations to small city school districts at sustainable levels.
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Enable critical reinvestment in teachers, support staff, arts and enrichment programs, and student mental health services, programs that are too often the first cut in underfunded districts.
Why It Matters to Every Small City District
This fight is about more than money, it’s about justice, equity, and the constitutional promise of opportunity for all students, regardless of zip code.
How Districts Can Support the Effort
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Stay Informed: Review the briefs, studies, and court documents posted in this Maisto Case tab.
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Engage Locally: Share data and updates with your Board of Education, legislators, and community.
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Advocate Collectively: Join NYSASCSD’s statewide calls to action and participate in coordinated outreach to policymakers.
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Document the Need: Collect and share examples of how underfunding impacts your district, staffing, class size, programming, or student services.
“Equity in funding is equity in opportunity. The Maisto case continues because New York’s small city children deserve nothing less.”