York City have established an injury-in-fact which is redressable by this court. Pursuant to CPLR 1201 children must appear in court via their parent or
guardian. Accordingly, CFE has members who have suffered an injury-in-fact redressable by this court. The other requirements of organizational
standing are easily satisfied. CFE is an organization founded to reform school funding in New York State, so its mission is clearly related to the claims it
asserts in this action. Finally, the participation of its members is not necessary to prosecute this action nor to devise a remedy.
[187
[187 Misc.2d
Misc.2d 19]
19]
[187
[187 Misc.2d
Misc.2d 19]
19]
I V. T h e E d u c at i o n P r o v i d e d t o N e w Yo r k C i t y ' s P u b l i c S c h o o l S t u d e n t s
The following constitute the court's findings of fact regarding the New York City School District and the education it provides its students.
A . S u m m a r y o f t h e S t r u c t u r e o f N e w Yo r k C i t y ' s P u b l i c S c h o o l s
New York City's public school system is the largest school district in the United States, comprised of approximately 1,100 schools serving a student
population of 1.1 million. In the 1999-2000 school year New York City's public schools employed over 135,000 people, including approximately 78,000
teachers, 19,000 teachers' aides, and 13,000 other administrators and pedagogical employees.
1. School Governance
Over-all supervision of the New York City public school system is vested in the central Board of Education (BOE) which has seven members. Each of the
five borough presidents appoints one BOE member and the remaining two members are appointed by the Mayor. BOE appoints a Chancellor (currently
Harold Levy) who is responsible for the operation of the school system.
The system is divided into 32 geographically based school districts to provide elementary and middle school education and six high school districts for
secondary school education. 13 Each district is supervised by a district superintendent who, as of 1996, is responsible to the Chancellor for the operation
of all the schools within their respective districts. Community school districts are also supervised by elected community school boards. High school
districts are not supervised by community school districts and report only to the Chancellor. In addition to these geographically based districts there
are four nongeographical districts in New York City. 14
In 1996, changes in State law altered the structure of the City's school system. The authority of community school boards
[187
[187 Misc.2d
Misc.2d 20]
20]
to control and operate elementary and middle schools was revoked by the State Legislature. The Legislature gave the Chancellor the authority to
appoint community school district superintendents from a list of candidates proffered by the community school boards, and the authority to terminate
superintendents. These changes have increased the Chancellor's authority over community school district superintendents. Under this new governance
statute, superintendents, rather than community school boards, have basic operating authority over how resources are used in the various districts.
Under New York State law, BOE is subject to the jurisdiction of the Board of Regents and the New York State Education Department. The Board of
Regents is composed of 16 individuals, one from each of the State's 12 judicial districts, and four from the State at large, each of whom is elected to a
five-year term by concurrent resolutions of both houses of the Legislature. In any area where the Legislature has not enacted specific statutes regarding
educational policy, the policies issued by the Regents serve as the policies of the State. In practice, the Regents have broad legislative authority over the
State's educational system and are charged with overseeing SED and choosing the State's Commissioner of Education. The Regents determine the
standards by which all State elementary and secondary schools shall operate.
While the Regents have no authority to determine school financing, the Regents, along with the Commissioner of Education, make annual finance
recommendations to the State Legislature. Funding proposals are also contained in the Governor's executive budget, which states the Governor's
opening position in subsequent negotiations with the Legislature. The Legislature eventually enacts an annual budget bill which is signed into law by
the Governor.
SED is the Regents' administrative arm. Together with the Commissioner of Education, SED is charged with the general management and supervision
of the State's public schools. Subject to specific statutory mandates and the general control of the Regents, the Commissioner of Education possesses
supervisory authority over all aspects of the public schools. The Commissioner's authority includes the power to promulgate
[187
[187 Misc.2d
Misc.2d 21]
21]
regulations, to examine and inspect school facilities and curricula, and to advise and guide school officers and other public officials in all districts and
cities in the State with regard to their duties and the general management of the schools (Education Law §§ 215, 305 [2]). SED is not responsible for the
day-to-day operation of public schools, but it does influence the operation of the schools by specifying the nature of the curricula, determining
teaching standards, and issuing regulations pertaining to the rights of students.
2 . D e m o g ra p h i c P r o fil e o f N e w Yo r k C i t y P u b l i c S c h o o l S t u d e n t s
The students served by the New York City public schools come from varied backgrounds. Approximately 37% of students are Latino; 35% are AfricanAmerican; 15.5% are White; 11.5% are Asian; and less than 1% are American Indian or Alaskan Native.
Close to 180 languages and dialects are spoken by students as their native tongue. BOE classifies approximately 16% of City public school students as
limited English proficient (LEP) 15 a designation given to students who score below the 40th percentile on a language assessment test. The large
number of English language learners (ELLs) in New York City is not surprising given that almost 1 in 11 students is a recent immigrant.
A defining characteristic of the New York City public school system is its high concentration of students from poor and low-income families. In the
1998-1999 school year, approximately 442,000 children—out of a total student attendance that year of 1,093,071—came from families receiving Aid to