The State argues nonetheless that it is responsible only to
provide the opportunity for a sound basic education and cannot
be blamed if some students -- perhaps those who enter New York
City schools after years of schooling in another country -- do not
avail themselves of the opportunity it provides. As the trial court
correctly observed, this opportunity must still "be placed within
reach of all students," including those who "present with socioeconomic deficits" (187 Misc 2d at 63). This observation follows
from the constitutional mandate to provide schools wherein all
children may be educated, and is consistent with the official
position of the Regents and Education Department, as set forth in
the 655 Report for 1999, that "all children can learn given
appropriate instructional, social, and health services."
The evidence on why students drop out suggested mainly that
the choice to drop out correlates with poor academic performance
and, as noted in the 655 Report for 1999, racial minority status
and concentrated poverty. The Report further indicated that
"dropout rates serve as useful measures of schools' abilities to
* * * motivate learning," supporting the common sense
proposition that large dropout rates reflect problems with the
schools as well as the students. The trial court properly
considered both possibilities and declined to pin the blame solely
on the deficits a "troubled child" brings to school ( see 187 Misc
2d at 63). There was certainly no proof that dropout rates are
high because inordinate numbers of recent immigrants enter the
ninth grade unable ever to graduate, though such students may
take longer to graduate.[7] Moreover, as the trial court properly
observed, "education is cumulative," and the State's hypothesis
that poor completion rates stem from the educational deficits of
teenage immigrant students does not jibe with the significant
evidence that New York City schoolchildren begin to accumulate
learning deficits well before high school (187 Misc 2d at 63).
Test Results. The State's main answer to the proof of graduation
and dropout rates in City schools consists of evidence that, in any
event, test results are not bad -- and this is also where the
Appellate Division concentrated its discussion of outputs (295 2 at
15-16).
The State's reliance on some favorable standardized test results
fails to take into account the full record on examination evidence.
In particular, that evidence related to elementary school tests
administered Statewide and intended to present results with
reference to the content appropriate to their grade level: the
Pupil Evaluation Program ("PEP"), which measures individual
achievement in reading and mathematics, and the Program
Evaluation Test ("PET"), which measures performance in other