billion, as adjusted, is necessarily the proper additional budgetary amount to provide New York
City schools, or that $2.45 billion is the amount that should be budgeted statewide. These
figures were determined by a commission designated by the State as reflecting the
constitutional minimum for a sound basic education. I join the majority because I agree that
Supreme Court should not have directed the referees' recalculation, considering that the state
budget plan had already calculated the amount in a way that, as a matter of law, was not
arbitrary or irrational.
That does not mean that the State is limited to the minimum, or "floor," of what it takes to
provide a sound basic education. Judging by Governor Pataki's higher budgeting and the
similarly heartening indications that Governor-elect Spitzer will continue in a direction higher
than the minimum, there is every indication that the amounts dedicated will be well above the
constitutional floor. When it comes to educating its children, New York State will not likely
content itself with the minimum. Indeed, after this suit was initiated the State provided for an
additional $9 billion investment in capital improvements for the City's schools. How much
more it can and should spend, however, is a matter for the political branches, which will be free
to avail themselves of the valuable work performed by the distinguished panel of referees.
I also emphasize, most importantly, that this lawsuit has consequences beyond New York City
and that there are, no doubt, other school districts that should benefit from increased budgets.
This requires a statewide approach that is also best left to the Executive and Legislature.
Chief Judge Kaye (concurring in part and dissenting in part). Recognizing that we have neither
the authority, nor the ability, nor the will to micromanage education financing, in Campaign for
Fiscal Equity v State of New York (100 NY2d 893, 925 [2003] [CFE II]) the Court demarcated
standards that must be met, but left it to defendants to come into compliance, affording them
more than a year to do so. Regrettably, our trust was misplaced. Today, more than three years
laterand more than 13 years after this litigation begandefendants still have failed to fund the
New York City public schools adequately. Having failed to satisfy their responsibility,
defendants now compel this Court to [*13]determine the specific steps that must be taken to
remedy the undisputed constitutional violation. Also regrettably,{**8 NY3d at 34} I must
dissent because the majority does not resolve the inadequate funding of the New York City
public schools and reaches a result that is well below what the governmental actors themselves
had concluded was required.
Although the dollar differences that separate the majority and dissent are great, our actual
points of difference are only two: first, the deference owed, and second, the rationality of two
factors used by defendants to calculate the cost of a sound basic education.[FN1] I. The Issue of
Deference