laboratories, auditoriums and the like. There was considerable
evidence of a shortage of such spaces. Particularly poignant is the
fact that 31 New York City high schools serving more than 16,000
students have no science laboratory whatsoever. Whether this
fact stems from overcrowding or from the design of some old
school buildings, its direct impact on pedagogy is self- evident
and it counts against the State in any assessment of the facilities
input.
5 The counterexample the Appellate Division gives of the City's
Catholic schools, where students perform relatively well despite
larger class sizes (295 2 at 11), is inapposite for various reasons,
including the greater flexibility Catholic schools have in choosing,
disciplining and expelling students.
6 The dissent characterizes our holding as one under which
"dropouts by definition do not receive a 'meaningful high school
education,'" so that "it logically follows that the recipient of a high
school diploma is the only student who does" (dissent at 9). But a
presumption is not the same thing as a definition; it can be
rebutted. The State, indeed, suggested that some students may
drop out despite having received a sound basic education. But
there is no evidence in the record to support the State's
suggestion. If, in fact, high school graduation standards are set
exceedingly high, and students can generally make a satisfactory
entry into the workplace without a diploma, the State will always
be free to prove these facts.
7 The evidence of Board of Education data tracking the high
school classes of 1986 through 1996 is compelling that between a
quarter and half of those students who drop out do so after
completing four years of high school. Such students -- motivated
to take extra time, if necessary, to complete high school -- still do
not achieve this objective.
8 The State challenged this very conclusion with the testimony
of its sociology expert, Dr. David Armor -- who performed
statistical studies designed to test the effect of increased
educational inputs while controlling for socioeconomic differences
among students. The State argued that these studies show no
correlation between increased funding and increased teacher
certification rates and, further, no correlation between increased
certification rates and better student scores -- but the trial court
found Dr. Armor's testimony "not persuasive" (187 Misc 2d at
71), a finding the Appellate Division did not contradict.
9 The same cities have constitutional debt limits ( see NY
Const, art VIII, § 4 et seq.).
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