litigation, possibly because courts there initially offered more
detailed remedial directions, as we do ( see e.g. Rose v Council
for Better Educ., Inc., 790 SW2d 186, 215-216 [Ky 1989]). We
do not share the dissent's belief that any constitutional ruling
adverse to the present scheme will inevitably be met with the
kind of sustained legislative resistance that may have occurred
elsewhere.
Nor is it certain that plaintiffs' success will necessarily inspire a
host of imitators throughout the State (dissent at 15). Plaintiffs
have prevailed here owing to a unique combination of
circumstances: New York City schools have the most student
need in the State and the highest local costs yet receive some of
the lowest per-student funding and have some of the worst
results. Plaintiffs in other districts who cannot demonstrate a
similar combination may find tougher going in the courts.
We trust that fixing a few signposts in the road yet to be traveled
by the parties will shorten the already arduous journey and help
to achieve the hoped-for remedy.
Accordingly, the order of the Appellate Division should be
modified and the case remitted to Supreme Court for further
proceedings in accordance with this Opinion, and as so modified
affirmed, with costs to plaintiffs.
Campaign for Fiscal Equity v State of New York No. 74 SMITH, J. (concurring):
I concur in and join the decision of the Chief Judge and the
decision to modify the order of the Appellate Division. I write
separately in order to focus on several aspects of this litigation. I
conclude that (a) the Regents Learning Standards provide
students with the minimum skills required by a sound basic
education, (b) the remedy should be State-wide in scope and (c)
should include the reformulation of the present formula for
allocating state funds. All the children of New York are
constitutionally entitled to the opportunity of a high school
education _- up to the 12th grade _- that imparts the skills
necessary to sustain competitive employment within the market
of high school graduates, acquire higher education, and serve
capably on a jury and vote.
The Importance of a Sound Basic Education[12]
It is commonly said that education is the State's most important
responsibility. Education is just one of the many responsibilities of
the State. Only a few of the responsibilities involving the
provision of certain services are actually mentioned in the State
Constitution. These include the incarceration of criminals,[13]
helping the needy,[14] and providing housing for the poor and the
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