quintile of City schools with greatest student need. Classifying
teachers who either were uncertified or had less than three years'
experience as novice teachers, Dr. Lankford testified that nearly a
quarter of all City teachers, and nearly a third of the teachers in
the neediest quintile of City schools, were novices. And he
reviewed the colossal failure rates of City teachers on the State's
certification content- specialty tests, which rise above 40 percent
in mathematics, even for math teachers currently teaching in
New York City public schools.
As the trial court's decision shows, the record contains many
more facts proving a serious shortfall in teacher quality in New
York City schools, proving that this shortfall results from those
schools' lack of competitiveness in bidding for and retaining
personnel, and proving that better teachers produce better
student performance ( see 187 Misc 2d at 25-36).
On this last point the testimony of Dr. Ronald Ferguson is
particularly revealing. Using data from Texas -- where all teachers
are tested -- Dr. Ferguson demonstrated that in districts where
teachers perform badly on teacher certification tests, student
performance declines as student grade level rises -- and,
conversely, that where teachers test well, student performance at
higher grade levels surpasses student performance at lower grade
levels; thus, the longer students are exposed to good or bad
teachers, the better or worse they perform. Based on evidence
offered by Dr. Lankford, Dr. Ferguson projected that the same
correlation would apply in New York. Defendants' expert, Dr. Eric
Hanushek, challenged Dr. Ferguson's conclusions, but the trial
court rejected this challenge and the Appellate Division -- though
it referred to Dr. Ferguson's testimony -- did not rest any of its
own contrary findings on Dr. Hanushek's testimony.
In sum, we conclude that the Appellate Division erred in relying
solely on principal evaluations, and we agree with the trial court's
holdings that teacher certification, test performance, experience
and other factors measure quality of teaching; that quality of
teaching correlates with student performance; and that New York
City schools provide deficient teaching because of their inability to
attract and retain qualified teachers.
School Facilities and Classrooms. As we noted in CFE, children are
entitled to "classrooms which provide enough light, space, heat,
and air to permit children to learn" (86 2 at 317). The trial court
divided this further -- considering first the physical plant of New
York City schools, and then the specific problem of overcrowding
and class size -- and concluded that New York City schools are
deficient. The court conceded, however, that the harmful effect of