computers relative to other inputs, we conclude that as to these
two instrumentalities of learning the trial court's findings again
better comport with the weight of the evidence, and support its
conclusion that the New York City schools are deficient in
instrumentalities of learning.
In sum, considering all of the inputs, we conclude that the trial
court's findings should be reinstated, as indicated, and that the
educational inputs in New York City schools are inadequate. There
are certainly City schools where the inadequacy is not "gross and
glaring" ( Levittown, 57 NY2d at 48). Some of these schools may
even be excellent. But tens of thousands of students are placed in
overcrowded classrooms, taught by unqualified teachers, and
provided with inadequate facilities and equipment. The number of
children in these straits is large enough to represent a systemic
failure. A showing of good test results and graduation rates
among these students -- the "outputs" -- might indicate that they
somehow still receive the opportunity for a sound basic
education. The showing, however, is otherwise.
B. Outputs
School Completion. Concerning the first output, school
completion, the proof revealed that of those New York City ninth
graders who do not transfer to another school system, only 50
percent graduate in four years, and 30 percent do not graduate
or receive a general equivalency degree ("GED") by the age of
21, when they cease to be eligible for free public education. This
rate of school completion compares unfavorably with both state
and national figures, and the trial court considered it
symptomatic of "system breakdown" (187 Misc 2d at 63). The
Appellate Division concluded that "there was no evidence
quantifying how many drop-outs fail to obtain a sound basic
education" (295 2 at 15). That conclusion follows from the
Appellate Division's premise that a sound basic education is
imparted by eighth or ninth grade. A sound basic education,
however, means a meaningful high school education. Under that
standard, it may, as a practical matter, be presumed that a
dropout has not received a sound basic education. In any event
the evidence was unrebutted that dropouts typically are not
prepared for productive citizenship, as the trial court concluded.
[6]
The Appellate Division would have required a precise
quantitative division between those dropouts who somehow are
adequately prepared and those who are not, but such a
requirement is nowhere to be found in CFE.