The New York City public school system was and is supervised by
the Board of Education and its Chancellor ( see Education Law §§
2590-b (/nyctap-cgi/ez-nylaw?EDN+2590-b)[1]; 2590-g; 2590h).[2] The system is divided into 32 geographically-based
community school districts to provide elementary and middle
school education; six geographically-based high school districts;
and four non- geographical districts. At the time of trial, elected
community school boards supervised the community school
districts, and had done so since 1969. Statewide, oversight of the
public school system is vested in the Regents of the University of
the State of New York ( see NY Const, art XI, § 2; Education Law
§ 207 (/nyctap-cgi/ez-nylaw?EDN+207)). The State Education
Department (SED) and Commissioner of Education supervise and
manage the State's public schools, promulgating regulations and
determining teaching standards and curricula, among other
things.
Neither the Regents nor the SED is responsible, however, for the
day-to-day operation of the schools or for their funding. Rather, a
combination of local, State and Federal sources generate school
funding. Almost half of the State aid component consists of
operating aid, which is allocated using a complex statutory
formula that apportions various categories of aid based on a
district's Combined Wealth Ratio -- which measures its ability to
generate revenue -- and student attendance ( see Education Law
§ 3602 (/nyctap-cgi/ez-nylaw?EDN+3602)). The statute contains
extensive prescriptions regarding how districts may use funds,
and it is perhaps the proliferation of highly specific aid categories
that most differentiates the current section 3602 from its shorter,
simpler predecessors ( see e.g. L 1962, ch 657).
Every year, pursuant to Education Law § 215-a (/nyctap-cgi/eznylaw?EDN+215-a), the Board of Regents and the SED submit a
report to the Governor and Legislature on the educational status
of the State's schools. The most recent of these "655 Reports" at
the time of trial -- that of April 1999 -- provides a comprehensive
statistical view of the funding system as of the 1996-1997 school
year, the last year for which the record provides such a complete
picture. That year, Statewide, the State provided 39.9 percent of
all public school funding -- $10.4 billion out of a total of $26
billion -- while districts provided 56 percent and the Federal
government four percent. These figures represented an
investment of $9321 per pupil, $3714 of it by the State. Per-pupil
expenditures in the New York City public schools, at $8171, were
lower than in three-quarters of the State's districts, including all
the other "large city" districts, as classified by the SED. The
State's dollar contribution to this figure was also lower, at $3562,