schools were deficient. The trial court further held that the
"outputs" -- test results and graduation rates -- likewise reflected
systemic failure and that the State's actions were a substantial
cause of the constitutional violation. Finally, the court found a
violation of Title VI, and directed defendants to put in place
systemic reforms.
A divided Appellate Division reversed, on the law and facts. The
majority rejected the trial court's definition of a sound basic
education, as well as the bulk of Supreme Court's findings of fact
concerning inputs, outputs and causation. Lastly -- and on this
point the panel was united -- the Appellate Division concluded
that plaintiffs' Title VI claim failed in light of Alexander v Sandoval
(532 US 275 (/supct-cgi/get-us-cite?532+275) [2001]), which
postdated the trial court's decision. Plaintiffs appealed to us as of
right on constitutional grounds.
Plaintiffs' appeal presents various questions of law, but one is
paramount: whether the trial court correctly defined a sound
basic education. Further -- in light of the Appellate Division's
express and implicit substitution of its findings of fact for those of
the trial court regarding the inputs, outputs and causation -- we
must determine which court's findings more nearly comport with
the weight of the credible evidence ( see CPLR 5501 (/nyctapcgi/ez-nylaw?CVP+5501) [b]). We now modify, affirming for
reasons stated by the Appellate Division so much of the decision
as dismissed plaintiffs' Title VI claim,[1] and otherwise reversing
the Appellate Division's order ( see, by contrast, Paynter v State
of New York, __ NY2d __ [decided today]).
I. Overview
At the time of trial, the New York City public school system
comprised nearly 1200 schools serving 1.1 million children and
employing a staff of over 135,000, including 78,000 teachers (
see generally 187 Misc 2d at 19-23, 295 AD2d at 5-6). Some 84
percent of City schoolchildren were racial minorities; 80 percent
were born outside the United States; and 16 percent were
classified as Limited English Proficient ("LEP" -- persons who
speak little or no English) -- most of the State's students in each
of these categories. Upwards of 73 percent were eligible for the
Federal free or reduced lunch program; 442,000 City
schoolchildren came from families receiving Aid to Families with
Dependent Children; and 135,000 were enrolled in special
education programs.