purpose of the Learning Standards “is to give our young people
the skills and knowledge they need in order to be effective
citizens, effective mothers and fathers, effective participants in
our great democratic enterprise and people who can compete in
an economy that is in the midst of a dramatic transformation.”
Moreover, he testified that the Learning Standards “are not too
high. These standards represent our judgment about what our
young people need.”
SED Deputy Commissioner for Elementary, Middle, Secondary
and Continuing Education, James A. Kadamus, testified that the
standards “were based on studies that we had done of what it
takes to be successful in the world of work and be successful in
higher education, and so it is based on the current - _ what are
the current requirements of the work force and higher education.”
He testified that “[w]e want all students to achieve a certain set
of standards without holding back students that could go way
beyond that point, so we want both. We want all students to
achieve the learning standards, and the students who have the
motivation and capability who could go far beyond, we want the
incentives to do that.” The standards are beyond the competency
standards; they go beyond “basic literacy, calculating, and verbal
skills.” The State relies on the latter statement and others in
arguing that the Learning Standards are too high. A sound basic
education requires teaching and learning the skills to become a
productive citizen. Rudimentary reading, writing and math are
not enough. Thus, the Learning Standards are high only to the
extent that they require more than being able to perform simple
math, and read and write at the most basic level. It is clear that
in comparison to the RCTs, the Learning Standards are indeed
rigorous.[23] In addition, they are rigorous to the extent the
Regents and the SED have determined that being a productive
citizen requires learning the skills the Learning Standards impart.
The record clearly supports the view that the Learning Standards
satisfy the minimum required by the Education Article. In any
event, even if the Learning Standards offered more than the
minimum required by the Education Article, the State has a
Constitutional responsibility to ensure that students have the
opportunity to meet those standards, since they are a prerequisite to a high school diploma ( see, 8 NYCRR §§ 3.35;
100.1[g],[t]; 100.2[e]; 100.5).
The record establishes that the RCTs did not meet the
constitutional minimum because at the high school level, they
prepared students to read at an eighth grade level or perform
sixth grade mathematics. As a result, students who obtained a
local diploma were not assured that they received a high school
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