education. They might have graduated from high school, but the
education offered was effectively primary. It is not surprising
then, that, as found by a Task Force on the City University of New
York, a majority of CUNY freshmen, about half of whom were
graduates of New York City high schools, required remedial
courses.[25]
It is this Court's constitutional responsibility to review the
educational standards established by the Regents and determine
whether they meet the constitutional minimum. A finding that the
Learning Standards meet the constitutional minimum does not
somehow constitute an abdication of this Court's responsibility to
interpret the Education Article. On the contrary, it would be the
failure to review the educational policies of the state to determine
if they satisfy the requirement of the Education Article that would
constitute a dereliction of this Court's duty to say what the law is.
To conclude that courts should not question what the Legislature,
through the Regents, determines is a sound basic education is to
conclude that this Court should play no role in interpreting the
Education Article. It is the responsibility of the State to offer the
opportunity of a sound basic education, and it is the responsibility
of this Court to determine whether the State is fulfilling its
responsibility to the plaintiffs.
The Formulas Do Not Equal A Sound Basic Education
New York's public education system is supported and maintained
by funds from three sources: localities (about 56 percent), the
State (about 40 percent); and the Federal government (about 4
percent). The legislature has given most boards of education the
authority to raise local funds by imposing taxes on residential and
commercial properties within each district. In addition, the boards
have no constitutional tax limits. The so-called Big 5 cities
(Buffalo, New York City, Rochester, Syracuse, and Yonkers), on
the other hand, have constitutional tax limits that apply to the
total municipal budget. In addition, the boards of education of the
Big 5 lack the authority to levy taxes, making them fiscally
dependent. Rather, their appropriations are part of the overall
budget, which is funded through city-wide taxes, including
property taxes, sales taxes, and income taxes. As stated by Dr.
Robert Berne, Vice President for Academic Development and
Professor of Public Administration at New York University, this
means that “within the confines of the City budget process,
education competes directly for other municipal services as
opposed to being separate in an independent school district.”
According to the SED, the “fiscal dependence on these school
districts is fraught with problems related to level and stability of
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