the State truly puts adequate resources into the classroom , it
satisfies its constitutional promise under the Education Article,
even though student performance remains substandard"
(majority opn at 8 [emphasis supplied]). If "outputs" are
irrelevant as long as funding is adequate, it seems inconsistent
for the majority here to look to the same outputs to measure
whether the "sound basic education" standard has been met in
the first place. Judge Smith, of course, straightforwardly
embraces the RLSs.
36 This stands in marked contrast to Kentucky, the state always
cited as the success story for school finance reform litigation (see
Rose v Council for Better Educ., Inc., 790 SW2d 186 [Ky 1989]).
In the 1980's Kentucky ranked forty-eighth among the states in
per pupil and per capita expenditures on public schools ( see
Molly A. Hunter, All Eyes Forward: Public Engagement and
Educational Reform in Kentucky, 28 J L & Educ 485 [Oct. 1999]).
In the 1980's Kentucky also “was fiftieth among the states in
adult literacy and adults with high school diplomas, [and] fortyninth in college-going rate, * * *. [I]n the Appalachian counties
over 48% of the population was functionally illiterate” ( id. at
486). The Kentucky Supreme Court in Rose declared the state's
entire statutory framework for the common schools
unconstitutional; that is, for example, statutes or regulations
bearing on teacher certification as well as those bearing on
finance.
37 For this reason as well as the sheer relative size of the New
York City school district, I view the majority's forbearance from a
Statewide remedy, which Judge Smith would straightforwardly
adopt, as illusory in practical effect as is the majority's standard
to define a sound basic education.
38 Paynter is instructive on the point of whether increased
funding is a panacea for poor educational outcomes. According to
the Paynter plaintiffs at oral argument, the Rochester City School
District has had the highest paid teachers in the State since
1997, all of whom are certified, as well as new buildings and
books, yet graduates only 26% of its students. Thus the Paynter
plaintiffs claimed no funding inadequacy. The Rochester City
School District, however, filed an amicus curiae brief on this
appeal, stating that it "continues to suffer from grossly
inadequate State and local funding" (brief, p 16).
39 For example, as part of a comprehensive effort to improve
special education, "long * * * the source of the most intractable
and costly of the city's education ills," the Chancellor plans to
streamline the screening process by eliminating an additional
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