Dozens of public school parents have filed a lawsuit against Governor Andrew Cuomo and State Education Commissioner John King for taking away education funding from city students.

City schools are slated to lose $250 million in funding after the mayor and teachers' union were unable to agree on a new teacher evaluation agreement by the governor's imposed deadline last month.

The lawsuit claims the penalty violates the State Constitution, which guarantees all students access to a sound education.

The complaint was filed with the State Supreme Court Tuesday by the same attorney who won the Campaign for Fiscal Equity lawsuit in 2006.

In that case, a court determined that the state shortchanged city schools and had to increase funding by more than $2 billion, but the latest suit says the State never complied.