significant educational reform effort in the history of the New
York City public school system. Rather, this case is about whether
the perceived shortcomings of New York City's public schools are
constitutional infirmities under the Education Article attributable
to inadequate State funding. On a more fundamental level, this
case is about whether the courts or the legislature and the
executive should set education policy for our public schools.
Because the constitutional standard crafted by the majority to
define a "sound basic education" is illusory, because the causal
connection between the level of State aid and any deficiencies in
New York City's public schools is not proven, and because the
majority's proposed remedy exceeds the prudential bounds of the
judicial function, I respectfully dissent.
Sound Basic Education
The New York Constitution does not mandate an educational
system of a certain quality in express terms. The relevant
constitutional text simply reads: "The legislature shall provide for
the maintenance and support of a system of free common
schools, wherein all the children of this state may be educated"
(NY Const, art XI, § 1).[30] The words "sound basic education,"
which have become the catch-phrase for an inferred
constitutional guarantee of an education of a certain quality, first
appeared in our decision in Board of Educ., Levittown Union Free
School Dist. v Nyquist (, 57 NY2d 27 (/nyctap-cgi/nyctap.cgi?
57+27), 48 [1982][" Levittown"]).
The plaintiffs and intervenors in Levittown sought a declaration
that the State's school financing system, then as now comprised
of local taxation and State aid, violated the Equal Protection
Clauses of the State and US Constitutions and the State
Constitution's Education Article because of the funding disparities
between wealthier and poorer school districts. We rejected the
equal protection claims on the ground that the State had
demonstrated a rational basis for its school financing system:
"the preservation and promotion of local control of education" (
id. at 44).
We further observed that the Education Article focuses on a
“State-wide system assuring minimal acceptable facilities and
services,” not a system assuring equal educational facilities and
services throughout the State ( id. at 47). We recognized that the
State undeniably had in place a system of free schools and a
statutory framework requiring minimum days of school
attendance, specific courses, textbooks and qualifications for
teaching and non-teaching staff. Accordingly,
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