More Charter Schools and Ban on Mentol Cigarettes

NY Gov. Kathy Hochul presents her budget plan

Hochul’s Budget Plan Met with Oppositon from Democrats

By Dan Murphy

Governor Kathy Hochul released her budget plan for New York State last week. The $227 billion spending plan for 2023-24 is a 2.3% increase from last year.

Two items in Hochul’s budget plan drawing criticism from NY Democrats are her call to ban Menthol cigarettes in NY State, and her call to revise the Charter School requirements to permit more Charter schools in New York City.

California and Massachusetts are the only other two states to have banned Menthol cigarettes. The Westchester County Board of Legislators passed a ban on Menthol cigarettes last year by a vote of 11–6. County Executive George Latimer vetoed the ban.

Opposition to Hochul’s proposed ban, which also includes all flavored tobacco, is drawing the same opposition, and arguments, heard in the debate in Westchester.

Yonkers Assemblyman Nader Sayegh called it, “harsh legislation,” and “Unjust.” “It’s not equitable to say: ‘Stop smoking hookah but you can go smoke pot.'”

Sayegh, a Jordanian-American, said that Hochul’s plan would end many hookah bars in Middle eastern communities in New York City and Yonkers. “I enjoy smoking hookah – I don’t abuse it – once in a while. It’s very enjoyable. It’s a cultural experience.”

Supporters of the menthol ban include New York NAACP State president Hazel Dukes, who testified in White Plains last year. “I’m glad Gov. Hochul is taking up the cause. This tobacco ban is on the NAACP’s legislative agenda,”

Hochul’s spokeswoman Hazel Crampton-Hays said, “With commercial tobacco use the leading cause of preventable deaths, Gov. Hochul is leading the way to a tobacco-free generation to reduce youth smoking and prevent senseless deaths. As with any budget proposal, we will work with the legislature on the final details for the best way to protect public health.,”

No word yet on the opinions of State Senate Majority Leader Andrea Stewart-Cousins, and Assembly Speaker Carl Heastie on this issue.

The other Hochul proposal that has brought even more fervent opposition is her proposed modification of New Yorks Charter School law. There is currently a cap of 460 Charter Schools in NY, but only around 360 are open and operating.

Part of the existing law also restricts the number of Charter’s in each region of the state. In New York City, around 275 Charter Schools are open and operational. Under Hochul’s plan, more than 80 Charters would be allowed to open in NYC. This legislature approved 460 charter slots in New York state. That number has not been achieved.”

That plan has been met with early, stiff opposition from NY Senate Democrats. Westchester State Senator Shelley Mayer, chair of the senate education committee, joined with other democratic senators in opposing Hochul’s plan.

In a letter – As of October 5, 2022, the State Education Department recognized 357 Charter Schools operating across the state, of which 287 are located in New York City. By removing the geographic restrictions on for charter authorization, NYC could see an increase of more than 100 new charter schools. This will further increase the financial burden on NYC traditional public schools, taking much needed resources away from schools serving the vast majority of our children…. Governor Hochul decision will leave students in our public schools with less,” writes Sen. Mayer, Sen. John Liu, Sen. Robert Jackson.

Westchester Congressman Jamaal Bowman said, “As a life-long educator and former middle school principal in the Bronx for over a decade.. I am extremely disappointed by her proposal to remove the regional cap on charter schools which will dramatically divert critical resources from traditional public schools, especially for the almost 90% of minority children who are currently enrolled in public schools.” 

Charter school supporters praised Hochul’s plan. “Governor Hochul has set the table, and we must ensure the legislature listens to parents and delivers a much-needed win for New York City families,” says Crystal McQueen-Taylor, Executive Director of @StudentsFirstNY,

Success Academy founder and chief executive officer Eva Moskowitz said, “Now Albany needs to get behind this common sense solution and ensure it becomes law — that kids win over politics.”

The final decision on these two budget items, and the entire state budget, will be made by the “three people in the room,” Governor Hochul, and State Senate Majority Leader Andrea Stewart-Cousins and Assembly Speaker Carl Heastie.

Stewart-Cousins and Hochul have been clashing over Hochul’s nomination of Hector LaSalle to be the Chief Judge in NY. Stewart-Cousins, and a majority of State Senate democrats, who must confirm the appointment, oppose LaSalle.

Last week, reports said that Hochul and Stewart-Cousins had not spoken for two weeks since the State Senate Judiciary Committee rejected the nomination, and the full senate has yet to vote on LaSalle’s appointment.