3. Providing sustained and stable funding in order to promote long-term planning by schools and school districts. 4. Providing as much transparency as possible so that the public may understand how the State distributes school aid. 5. Ensuring a system of accountability to measure whether the reforms implemented by the Legislature actually provide the opportunity for a sound basic education and remedy the disparate impact of the current finance system. Finally, the court directs defendants to examine the effects of racial isolation on many of the City's school children. There is significant social science research that indicates that this isolation has a negative effect on student achievement. There is also some nascent research that indicates that steps to increase racial and socioeconomic integration may be more cost effective in raising student achievement than simply increasing funds allocated to high percentage minority schools (see James Ryan, Schools, Race, and Money, 109 Yale LJ 249). The court hereby declares that defendants' method for funding education in the State of New York violates plaintiffs' rights under the Education Article of the New York Constitution (art XI, § 1); and the court further declares that defendants' method for funding education in the State of New York violates plaintiffs' rights under regulations passed by the United States Department of Education pursuant to title VI of the Civil Rights Act of 1964 (42 USC § 2000d; 34 CFR 100.3 [b] [1], [2]); [187 [187 Misc.2d Misc.2d 116] 116] and the court orders that the defendants shall put in place reforms of school financing and governance designed to redress the constitutional and regulatory violations set forth in this opinion. Defendants shall have until September 15, 2001 to implement these reforms. The parties shall appear before the court on June 15, 2001 to describe the progress of these reforms. The court will retain jurisdiction over this matter for as long as necessary to ensure that the constitutional and statutory/regulatory violations set forth herein have been corrected. The court thanks all the attorneys, paralegals, and support staff involved in litigating this action. Given the enormous amount of relevant material and the sometimes novel legal issues, the attorneys for both sides tried the case intelligently, economically, and with a minimum of acrimony. Both sides fought hard, but they fought fair. The parties' written submissions were excellent. The court commends the law firm of Simpson Thacher & Bartlett, which tried the case pro bono for the plaintiffs with Michael A. Rebell Associates. The firm expended enormous resources and its lawyers brought to bear great talent and perseverance in support of plaintiffs' cause. The firm's commitment is an exemplar of the Bar's highest traditions. FootNotes 1. Plaintiffs eventually stipulated to the dismissal of the SED Commissioner on the condition that SED agree to cooperate with discovery as if it remained a party. Additionally, plaintiffs agreed to dismiss a number of elected officials, including the State Comptroller, on the condition that these officials not invoke their nonparty status to oppose any relief or remedy granted plaintiffs. 2. There are exceptions to this rule but none apply here. 3. The New Jersey Supreme Court in Robinson (supra) actually rejected a State equal protection challenge. That case was decided solely on the New Jersey Constitution's Education Clause, presaging the "third wave" of school finance litigation described in the text, infra (see Robinson v Cahill, 62 NJ, at 499-501, 515-521, 303 A2d, at 286-288, 295-298). 4. (See Ala Const, art XIV, § 256; Alaska Const, art VII, § 1; Ariz Const, art XI, § 1; Cal Const, art IX, § 1; Colo Const, art IX, § 2; Conn Const, art VIII, § 1; Del Const, art X, § 1; Fla Const, art IX, § 1; Ga Const, art VIII, § 1 [1]; Haw Const, art X, § 1; Idaho Const, art IX, § 1; Ill Const, art X, § 1; Ind Const, art VIII, § 1; Iowa Const, art IX2d, § 3; Kan Const, art VI, § 1; Ky Const § 183; La Const, art VIII, § 1; Me Const, art VIII, part 1, § 1; Md Const, art VIII, § 1; Mass Const, part 2, ch V, § 2; Mich Const, art VIII, § 2; Minn Const, art XIII, § 1; Mo Const, art IX, § 1, cl [a]; Mont Const, art X, § 1; Neb Const, art VII, § 1; Nev Const, art XI, § 2; NH Const, part 2, art 83; NJ Const, art VIII, § 4, para [1]; NM Const, art XII, § 1; NY Const, art XI, § 1; NC Const, art IX, § 2; ND Const, art VIII, § 1; Ohio Const, art VI, § 3; Okla Const, art XIII, § 1; Ore Const, art VIII, § 3; Pa Const, art III, § 14; RI Const, art XII, § 1; SC Const, art XI, § 3; SD Const, art VIII, § 1; Tenn Const, art XI, § 12; Tex Const, art VII, § 1; Utah Const, art X, § 1; Vt Const, ch II, § 68; Va Const, art VIII, § 1; Wash Const, art IX, § 1; W Va Const, art XII, § 1; Wis Const, art X, § 3; Wyo Const, art VII, § 1.) With respect to Mississippi, commentators are divided as to whether language in the State's Constitution actually creates a right to a free public education (see McUsic, The Use of Education Clauses in School Finance Reform Litigation, 28 Harv J on Legis 307, 311, n 5). 5. The three 1989 cases are Helena Elementary School Dist. No. 1 v State (236 Mont. 44, 769 P.2d 684 [1989]), Rose v Council for Better Educ. (790 S.W.2d 186 [Ky 1989]), and Edgewood Ind. School Dist. v Kirby (777 S.W.2d 391 [Tex 1989]). 6. These seven "capacities," which the Kentucky court found were "minimum goals in providing an adequate education," are: "(i) sufficient oral and written communication skills to enable students to function in a complex and rapidly changing civilization; (ii) sufficient knowledge of economic, social, and political systems to enable the student to make informed choices; (iii) sufficient understanding of governmental processes to enable the student to understand the issues that affect his or her community, state, and nation; (iv) sufficient self-knowledge and knowledge of his or her mental and physical wellness; (v) sufficient grounding in the arts to enable each student to appreciate his or her cultural and historical heritage; (vi) sufficient training or preparation for advanced training in either academic or vocational fields so as to enable each child to choose and pursue life work intelligently; and (vii) sufficient levels of academic or vocational skills to enable public school students to compete favorably with their counterparts in surrounding states, in academics or in the job market." (Rose, supra, 790 SW2d, at 212, n 22.) 7. These seven areas are: English language arts; social studies; mathematics, science and technology; the arts; languages other than English; career development and occupational studies; and health, physical education and home economics. 8. E.g. Learning Standards for English Language Arts, Standard 1, Commencement. 9. E.g. Learning Standards for Mathematics, Science, and Technology, Standard 4, Commencement.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents