support education.[9] As the trial court observed, City schools are
dependent on municipal revenues, largely from other kinds of
taxes more susceptible to the vagaries of the business cycle (187
Misc 2d at 98). It may well be that this susceptibility hinders City
schools from developing a more stable budgetary plan -- and that
any plan to improve City schools that required better local tax
effort, in particular, would need to address this matter. At the
same time, the State has suggested that reforms tending to
concentrate responsibility with the Mayor of New York City may
prove beneficial, and we do not know that a "sustained and stable
funding" requirement addressing fiscal dependency would
necessarily fit together with such reforms. Accordingly, while the
trial court's directive is understandable, we do not make it
mandatory.
Fourth, as the foregoing implies, the trial court properly indicated
that reforms may address governance as well as the school
funding system. Various factors alleged by the State as causes of
deficiencies in the schools -- and rejected by us on the ground
that the State has ultimate responsibility for the conduct of its
agents and the quality of education in New York City public
schools -- may be addressed legislatively or administratively as
part of the remedy. We do not think such measures will obviate
the need for changes to the funding system, but they may affect
the scope of such changes.
Finally, we know of no practical way to determine whether
members of the political branches have complied with an order
that the funding process become as transparent as possible, and
we therefore decline to incorporate such a directive into our
order. No one, however, disputes the trial court's description of
the existing education funding scheme as needlessly complex,
malleable and not designed to align funding with need (187 Misc
2d at 82-90). The causes are worth considering.
As Levittown indicates, the justification for a school funding
system based on local taxation is "the preservation and
promotion of local control of education" (57 2 at 44). Conversely,
the purposes of State aid to schools are, according to the SED, to
assist school districts in providing an effective education;
maintain a State-local partnership in public education; equalize
school revenues by providing State aid in inverse proportion to
each school district's ability to raise local revenues; and to
encourage model programs to address the needs of the school
community. Clearly these purposes reflect a recognition that
inputs should be calibrated to student need and hence that State
aid should increase where need is high and local ability to pay is
low.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents