1 . G ra d u at i o n / D r o p - O u t Rat e s In recent years, more than 60,000 students enter ninth grade in New York City public schools annually. 29 Consistently since the late 1980's, approximately 30% of these students drop out and do not receive either of the two types of diplomas conferred [187 [187 Misc.2d Misc.2d 61] 61] by SED. Many who do graduate take more than four years to do so. Only 50% of New York City public school students who entered ninth grade in 1996, and who stayed in school, made it to twelfth grade in four years. 30 Since the late 1980's, approximately 10% of ninth graders ultimately received a general equivalency degree (GED). The evidence at trial demonstrated that a GED recipient has not received a sound basic education. The requirements for a GED are too minimal to provide any assurance that a student has been prepared for the duties of productive citizenship. Plaintiffs' expert, Dr. Henry Levin, testified concerning studies of the earning rates of GED recipients compared to those of high school graduates and dropouts. He concluded that "the job prospects and lifetime earnings of the GED certificates is considerably less than the high school graduate. In fact, it is equal or close to that of high school dropouts." Dr. Levin also testified that the armed services do not accept GED recipients, and he noted that GED recipients who attend college have a completion rate of approximately 2%. Dr. Levin's testimony is credible. For purposes of evaluating the effectiveness of the City's schools, GED recipients are the functional equivalents of dropouts. 31 The remaining 60% of ninth graders who are able to graduate in four to seven years receive one of the two diplomas recognized by SED: (1) a "local" diploma, and (2) a Regents diploma. Students choose whether to take the examinations for one or the other of these diplomas. A local diploma is awarded to students who pass a series of Regents competency tests (RCTs) which represent the minimum State-wide requirements for graduation. As originally conceived the purpose of the RCTs was to identify those in need of remediation. Passing the RCT in reading requires only reading comprehension at the eighth to ninth grade level. The math examination tests approximately sixth grade mathematics. Defendants argue that a graduating student's passing grade on the RCTs is the surest indication that he received a sound basic education. The court rejects this contention. The RCTs do not test the basic literacy, calculating and verbal skills that should be imparted to all high school graduates. [187 [187 Misc.2d Misc.2d 62] 62] Because of the low level of academic achievement measured by the RCTs, SED has decided to phase out the local diploma option by 2004. As of 2001, all would-be graduates must take an expanding number of the five Regents examinations necessary to receive the second type of diploma, the Regents diploma. These examinations are more rigorous than the RCTs and measure whether students have met the new Regents learning standards. Historically, of the approximately 60% of ninth graders who ultimately received a Regents or local diploma, the vast majority received a local diploma. In recent years, less than 12% of all ninth graders have eventually received a Regents diploma. The following data are illustrative: 1994 1995 1996 50.2% 47.4% 46.7% 9.9% 11.3% 11.7% GED 10.5% 11.2% 10.8% Drop Out 29.4% 30.0% 30.7% Local Diploma Regents Diploma The class of 1996 was the last class for which complete data were available at trial, given the possibility that students entering the ninth grade may receive a diploma in four to seven years. However, the proportion of students who received local and Regents diplomas has remained relatively constant. From 1996 through 1999, the number of local diplomas awarded every year has hovered between 20,928 and 22,211. The number of Regents diplomas awarded to City public school students has been between 7,134 and 8,795, though the trend has been toward a slightly higher proportion of Regents diploma recipients. In sum, in recent years approximately 30% of ninth graders in New York City public schools did not receive a high school diploma of any kind by the time they reached 21 years of age. Roughly 10% of ninth graders obtained a GED—a certificate that is conferred upon a demonstration of marginal skills. Approximately 48% ultimately received a local diploma—which measures the skills expected of sixth to ninth graders, not those of high school graduates. The remaining 12% or so obtained a diploma that actually demonstrates that they have received a sound basic education. This evidence depicts a public school system that is foundering. [187 [187 Misc.2d Misc.2d 63] 63] Defendants argue that they cannot be blamed if students choose to drop out. It is certainly true that in individual cases there is little that can be done to keep a troubled child in school. However, when 30% of students drop out without obtaining even a GED serious questions arise about system breakdown. It could also be argued that students have historically been given a choice whether to seek a local or a Regents diploma, and that students who choose the less rigorous battery of examinations may well be capable of more advanced work. While this argument is impossible to test, the experience of City public school graduates at the campuses comprising the City University of New York is instructive. In recent years approximately 80% of City public school graduates who entered CUNY required remedial help in such basic areas as reading and mathematics. Roughly 50% needed remedial help in more than one area. Defendants also argue that the State is required only to provide the opportunity for a sound basic education, that it has done so, and that students' failure to seize this opportunity is a product of various socioeconomic deficits experienced by the large number of at-risk students in New York City public schools. The court agrees that the State must only provide the opportunity for a sound basic education, but this opportunity must be placed within reach of all students. The court rejects the argument that the State is excused from its constitutional obligations when public school students present with socioeconomic deficits. 32