the trial court observed, so to enshrine the Learning Standards
would be to cede to a state agency the power to define a
constitutional right.
Although some amici nevertheless urge us to adopt the Learning
Standards as the definition of a sound basic education, plaintiffs
make no such request. Rather, they contend that children are
entitled to a meaningful high school education, one that provides
the essentials we listed. Defendants maintain that plaintiffs are
trying to set the requirements for a high school diploma as the
constitutional floor, and thereby to make mastery of the Learning
Standards -- which are being phased in as the basis for a high
school diploma ( see 8 NYCRR 100.5) -- the test of a sound basic
education after all. We do not construe plaintiffs' arguments as a
request for a rule tied to whatever diploma requirement the
Regents promulgate, however high; nor do plaintiffs need such a
rule to prevail.
The issue to be resolved by the evidence is whether the State
affords New York City schoolchildren the opportunity for a
meaningful high school education, one which prepares them to
function productively as civic participants. This is essentially the
question the trial court addressed, and we conclude that the
Appellate Division erred to the extent that it founded a judgment
for defendants upon a much lower, grade-specific level of skills
children are guaranteed the chance to achieve.
III. The Evaluation
To determine whether New York City schools in fact deliver the
opportunity for a sound basic education, the trial court took
evidence on the "inputs" children receive -- teaching, facilities
and instrumentalities of learning -- and their resulting "outputs,"
such as test results and graduation and dropout rates. This
organization of the facts follows naturally from our summary of
the "essentials" in CFE and was not disputed by the Appellate
Division.[3]
A. Inputs
Teaching. The first and surely most important input is teaching.
The trial court considered six measures of teacher quality -including certification rates, test results, experience levels and
the ratings teachers receive from their principals -- and concluded
that the quality of New York City schoolteachers is inadequate,
despite the commendable, even heroic, efforts of many teachers.
The Appellate Division reached a contrary conclusion based on its
perception that principals' reviews of the teachers they supervise