Specifically, the State argues first that fraud and corruption in the
community school boards and City school construction spending,
rather than the funding system, are the cause of any shortage of
inputs. The trial court rejected these arguments (187 Misc 2d at
92, 94) and the Appellate Division likewise rejected the point
about construction spending (295 2 at 18) while saying nothing
about the community school boards. We thus have no occasion to
review either argument.
The State argues second that, corruption aside, the Board of
Education mismanages the schools, particularly by referring too
many students to special education and placing too many of
these children in costly full-time segregated settings. The trial
court credited evidence that better special education practices
could save City schools between $105 and $185 million annually,
though some of these savings would be offset by the greater cost
of instructing children with special education needs in a
mainstream environment (187 Misc 2d at 96-97). The Appellate
Division saw the possible savings mounting to "hundreds of
millions of dollars, if not one billion dollars" (295 2 at 17) -- a
figure exceeding even the $335 million claimed by the State's
expert, Dr. Daniel Reschly.
We are thus constrained to accept that some saving on special
education is possible, a fact that to some extent undermines
plaintiffs' argument that the school funding system is
unconstitutional because it leaves New York City schools with
insufficient funds to provide a sound basic education. But the
magnitude of the savings is in dispute. The Appellate Division
appears to have arrived at its "billion" simply by taking the
number of full-time special education students, assuming that 80
percent could be moved to part-time settings, and multiplying the
number of students subject to this move by the $10,000
difference between the cost of full-time and part-time placement.
No witness for the State sponsored any such calculation, and
there was thus no opportunity to test the Appellate Division's
assumptions on which it is based.
The available evidence-based conclusions are that over- referral
to special education costs City schools somewhere between tens
of millions and $335 million. Even the lower of these figures
would reflect both resources squandered and the likelihood that
many children are badly served and perhaps stigmatized by
segregated placements in the special education system in City
schools. But, conversely, even savings approaching the higher
figure would not necessarily translate dollar-for-dollar into funds
free for investment in better inputs, much less into an investment
sufficient to relieve the existing systemic educational crisis. In