|Attorney Wendy Lecker|
The appropriations law mandated that the State Education Department (“SED”) develop an expenditure plan for these “transformation grants,” that the Division of Budget (“DOB”) approve that expenditure plan, and that DOB then release the grant money pursuant to that spending plan.
SED developed the plan in October 2015, and it was approved by DOB on October 15, 2015. The plan specifically provided for two-year grants for twenty schools, including the schools at issue in this lawsuit: Roosevelt High School, in Yonkers, William S. Hackett Middle School, in Albany, and JHS 80 The Mosholu Parkway Middle School in the Bronx. The plan also set forth the amount each school would receive over the two years. All twenty schools applied for and received the two-year grants set forth in the spending plan. Nothing in either the spending plan nor in the applications indicated that these schools would forfeit the second year of their grants should their performance improve.