levels). This dispute, like its counterparts elsewhere, is destined
to last for decades,[40] and, as previously noted, is virtually
guaranteed to spawn similar lawsuits throughout the State.
Our remedy also signals the demise of local control, a key
component to the constitutionalization of New York's public school
system. Long before the Education Article's adoption in 1894,
New Yorkers were free to require their local schools to provide
more than a minimal education. As Levittown instructs, this may
be done without offending the Constitution. Nonetheless, by
constitutionalizing what we would like our children to learn and
making the State solely responsible for ensuring that this
standard is met, we have severely undercut local control. We
have centralized responsibility for educational competence (not
constitutional compliance) in the courts and their anticipated
"dialogue" with the Legislature.
Conclusion
Trial judges and appellate courts are well suited to assess
criminal responsibility in accordance with proscribed procedures;
to assign liability for breaches of duty; to extrapolate legislative
intent; or to interpret commercial agreements. Each dispute is
based on fact and law. They are not, however, well suited to
make the subtle judgments inherent in education policymaking,
or to assess how the State of New York may best allocate its
limited resources to meet its citizens' educational and other
pressing needs.
Of course, the majority sincerely sees itself as interpreting
constitutional commands, a proper and solemn judicial function,
not as making policy choices and value judgments constitutionally
committed to the other branches of government. In my view,
however, by this decision, the majority has allowed its deep
sympathy for educational excellence to overwhelm its sense of
the proper and practical limits of the judicial function.
Accordingly, I would affirm the decision of the Appellate Division,
and dismiss plaintiffs' complaint.
Order modified and case remitted to Supreme Court, New York
County, for further proceedings in accordance with the opinion
herein and, as so modified, affirmed, with costs to plaintiffs.
Opinion by Chief Judge Kaye. Judges Smith, Ciparick and
Rosenblatt concur, Judge Smith in a separate concurring opinion.
Judge Read dissents in an opinion. Judge Graffeo took no part.
Decided June 26, 2003
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