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absent an examination of the effects of particular inputs. His calculations of per pupil spending also do not account for variations in costs among
schools, and for private funding received by some schools.
Dr. Hanushek's studies concerning students' receipt of Regents diplomas are not probative. These studies do not incorporate far more relevant
information concerning student progress, including drop-out rates, GED rates, and the number of years it takes to graduate. Moreover, the problems
discussed above with respect to limiting statistical analyses to a single year of inputs and outcomes increase when the year studied is the students' last
year of education. As plaintiffs' expert Dr. Grismer explained, studying Regents diploma rates where the only educational inputs considered are those to
which the child is exposed in her last year of education "leaves out 12 years of investment or 11 years of investment that have been made that we all
know [a]ffect a particular test score in high school."
Finally, Dr. Hanushek's use of computers per pupil as a resource measure was compromised, as he acknowledged on direct examination, by the fact that
this resource measure and student test scores were culled from different years. Additionally, the analysis does not capture any information about the
age and quality of computers and whether they were actually in use.
For these reasons, Dr. Hanushek's analyses of State and City data are not persuasive. Dr. Hanushek's testimony regarding national trends casts some
doubt on the proposition that spending more money will inevitably raise student outcomes. However, as discussed below, the evidence demonstrates
that increased spending on certain inputs can positively affect student outcomes.
B . T h e E ffe c t o f A d d i t i o n a l R e s o u r c e s o n S t u d e n t A c h i e v e m e n t
Contrary to defendants' argument, increased educational resources, if properly deployed, can have a significant and lasting effect on student
performance. There is a causal link between funding and educational opportunity.
Many of the subsidiary findings of fact that form the foundation for this finding have been recited above. To summarize, the court has already found,
inter alia, that:
Effective teachers and school administrators can boost student performance. New York City's school administrators and teaching force,
particularly in its neediest districts, are inadequate.
Smaller class sizes can have a marked positive effect on student performance, particularly in early grades. At present New York City's school
buildings are too overcrowded to effectively address this problem.
New York City's school buildings are in many cases so dilapidated or antiquated as to impede learning. Conversely, better school facilities can
boost student achievement by providing students with the resources they need, such as up-to-date science labs, adequate climate control, and
sufficient electrical capacity for computers and other instructional aids.
The evidence demonstrates that other resources also have a substantial positive effect on student outcomes.
Plaintiffs convincingly demonstrated that New York City's public school population, with its high percentage of at-risk students, requires what BOE
terms an "expanded platform" of programs that will allow students to spend "more time on task." In other words, at-risk students need specially
tailored programs, and more time spent on all aspects of academic endeavor, in order to increase their academic achievement. Initiatives that have been
shown to positively affect student performance in New York City include pre-kindergarten programs, summer programs, and increased hours at school
via after-school and Saturday programs. None of these extended time programs have been fully implemented in New York City public schools.
Literacy programs are particularly important for at-risk students. The array of programs provided by BOE under the umbrella of the Project Read
initiative has had a positive effect on the students who have participated in the programs. Project Read was established in 1997 to provide assistance to
students who are at risk of never achieving literacy. The program is targeted to first through third graders. It is comprised of three components: an
intensive school day program, which provides individual or small group instruction to permit teachers to spend more time working with each student;
an after-school program, which provides more instructional time; and a family literacy program, which helps parents better support their children's
education.
Defendants cite BOE studies, which, while acknowledging the effectiveness of the after-school program, cast some doubt
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on the results of the intensive school day program. These BOE studies were undercut by Robert Tobias, head of BOE's division of assessment and
accountability, who testified that they were based on incorrect data provided in error by a testing company. Additionally, because of insufficient funds,
Project Read services are rationed to only the neediest students. The control groups for evaluative purposes were comprised of higher-functioning
students from the waiting list. There is evidence that this disparity between participants and students in the control skewed the comparison. In all
events, there is substantial evidence that certain of the programs offered during the intensive school day program, including success for all and reading
recovery, have been extremely effective. These two programs are also among the most expensive under the Project Read umbrella.
SED and BOE have long recognized that summer school can be an important resource for low-performing students. Particularly with BOE's cessation of
"social promotion" and the advent of the Regents' new standards, summer school has become an important source of additional instructional support
for New York City's at-risk public school students.
1 . T h e Po t e n t i a l C o s t s o f I n c r e a s e d E d u c at i o n a l R e s o u r c e s
Increasing the resources available to New York City school children will require substantial additional funding. It may well be, as defendants argue, that
additional resources may be realized by more efficient use of BOE's existing funding. However, the court finds as a matter of fact that financial
resources in addition to those already available will be required to lift the City's public schools from their current abysmal state.
The following outline of the potential costs for bringing the New York City public schools in compliance with the State Constitution is not exhaustive
and is for illustrative purposes only. As described in section VII below, the choice of measures designed to remedy the constitutional violation described
herein lies in the first instance with the State Legislature informed by the expertise of the Governor, SED, BOE and the Regents. At this juncture, the
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