disturbing evidence that thousands of City schoolteachers do not
teach; others teach under contracts that limit their classroom
time to under four hours a day; and all are paid according to the
same salary schedule, regardless of whether a more flexible
system of incentives might be needed, for instance, to induce
senior teachers to remain in troubled schools. The Appellate
Division characterized such evidence as "the product of collective
bargaining agreements, not the manner in which the State funds
the City schools" (295 2 at 18). But as the trial court found, "the
allegedly shorter workday of New York City's public school
teachers has not provided the City an advantage in competition
for qualified teachers" (187 Misc 2d at 36). Such considerations,
as well as the simple constitutional principle that the State has
ultimate responsibility for the schools, counsel us against the
State's rebuttal arguments on causation.
Local Funding. Of the State's rebuttal arguments, one more
requires special attention. The State argues that the City actually
has a greater capacity to fund education from local revenues than
many local governments Statewide, yet fails to make anything
like the same "tax effort" that other localities make. Indeed, the
State marshals evidence that when the State injects funds
pursuant to formulas intended to compensate for inequalities in
local school funding, the City deducts proportionately from its
own contribution, leaving the school budget unimproved.
The trial court found evidence to support this assertion; noted
unique pressures on the City budget and other factors that
account for some of the difference in tax effort; and concluded
that the ultimate responsibility to address this problem still lay
with the State (187 Misc 2d at 97-99). The Appellate Division
expressly rejected the State's contention that "any inadequacy in
funding is the fault of the City," noting that "the State exerts
extensive control over the City, including taxes that may be levied
and debts that may be incurred," but reflecting that the remedy,
rather than "requiring the State to write out a check every time
the City underfunds education" may be for the State to "require
the City to maintain a certain level of education funding" (295 2
at 18-19).
Here, therefore, there is next to no dispute. If the State believes
that deficient City tax effort is a significant contributing cause to
the underfunding of City schools, it is for the State -- through a
combination of enforcing existing laws such as the StaviskyGoodman Law (Education Law § 2576 (/nyctap-cgi/ez-nylaw?
EDN+2576)[5-a]) and new legislation -- to consider corrective
measures. This possibility pertains to the remedy, not to the