10. The Regents competency tests are discussed at greater length below. 11. E.g. Abbeville County School Dist. v State, 335 S.C. 58, 68-69, 515 S.E.2d 535, 540-541 (1999), supra; Claremont School Dist. v Governor of N. H., 142 N.H. 462, 474-475, 703 A.D.2d 1353, 1359-1360 (1997); Campbell County School Dist. v State, 907 P.2d 1238, 1259 (Wyo 1995); Rose v Council for Better Educ., 790 S.W.2d 186, 212 (Ky 1989), supra; Edgewood Ind. School Dist. v Kirby, 777 S.W.2d 391, 395-396 (Tex 1989); Pauley v Kelly, 162 W.Va. 672, 705-706, 255 S.E.2d 859, 877-878 (1979); Seattle School Dist. No. 1 v State, 90 Wn.2d 476, 517, 585 P.2d 71, 94 (1978); Robinson v Cahill, 62 N.J. 473, 515, 303 A.2d 273, 295 (1973); Serrano v Priest, 5 Cal.3d 584, 605, 487 P.2d 1241, 1256 (1971). 12. The 1996 National Education Summit was a meeting convened in New York State concerning education and the economy attended by the President of the United States, and numerous State Governors and chief executive officers of major corporations. 13. Of the six high school districts, three are coterminous with the borough boundaries of Manhattan, Queens and the Bronx. The Brooklyn high school superintendency includes over half of the high schools in Brooklyn. The Brooklyn and Staten Island superintendency (BASIS) includes the rest of the Brooklyn high schools as well as the high schools on Staten Island. The sixth high school district is the alternative high school district. 14. These four districts are: (1) the alternative high school superintendency, which includes schools that serve students with academic and other problems; (2) District 75 comprises all of the self-contained special education schools for severely and profoundly disabled children; (3) District 85 is the Chancellor's district, a centrally supervised district that includes 47 extremely low-performing schools from around the City; and (4) District 89, a very small district established to govern a few anomalous schools. 15. BOE has recently replaced the term "Limited English Proficient" with "English Language Learner." 16. A provisional certificate (the more junior of the two certificates) is valid for five years and requires a Bachelor's degree with credits in the teacher's content area, professional education credits, passage of the State's liberal arts and science test, passage of the State's assessment of teaching skills, graduation from an approved teaching program (or satisfaction of an alternative transcript review) and completion of a child abuse and prevention course. Requirements for a permanent certificate (which is valid for life) are satisfaction of the requirements for a provisional certificate, a Master's degree, two years of teaching or a one-year internship, passage of a test in a subject area if applicable to their teaching, and passage of the performance portion of the assessment of teaching skills in which the individual is videotaped teaching. To teach without certification under a temporary license, an individual need only have a Bachelor's degree and be nominated by a district that has exhausted its supply of certified teachers. 17. State data on certification in New York City in the years prior to 1997-1998 is somewhat less reliable in that it depended on self-reporting and was not cross-checked by SED. 18. The census of uncertified teachers by BOE was taken on October 1 in the years in question, relatively early in the school year. The number of uncertified teachers tends to go up as the school year progresses and as certified teachers quit or retire. 19. In 1989, the State began requiring that all schools within its jurisdiction be registered. Registration review status indicates that SED is considering revoking a school's registration because of poor performance (see 8 NYCRR 100.2 [p]). 20. See Administrative Code of City of NY, tit 13, ch 4, § 13-501 (52). 21. See, e.g., Art/Artifact, The Center for African Art (1988). 22. Among the artists who have spent some time as students in the City's (general, not arts-oriented) public schools are musician/composers George Gershwin, Thelonious Monk, Tito Puente, and Sonny Rollins; performing artists James Cagney, Rita Moreno, and Barbara Streisand; playwrights Arthur Miller and Neil Simon; and visual artists Lee Krasner and Maurice Sendak. 23. Because this cost estimate was presented in current dollars, it tended to understate the true cost over time. 24. Mr. Levy is the current Chancellor. At the time he worked on the Commission he worked at Salomon, Inc., and was a relative newcomer to the school system. Other members of the Commission were experts in building management from the private and public sector, financiers, local school board members, academics, and labor/management relations specialists. 25. Coal-fired boilers are difficult to operate and maintain. They must be started up hours before the beginning of the school day, and without proper monitoring provide inconsistent heating. Despite the Levy Commission's recommendation at least 125 schools still had coal-fired boilers at the start of trial. 26. Good, fair and poor were defined as follows: (1) good means that the component "is sound and performing its function, although it shows signs of use"; (2) fair means that the component "is still performing adequately, but may require preventive maintenance to prevent further deterioration and to restore it to good condition"; and (3) poor means that a component "cannot continue to perform its original function without repairs or is in such a condition that its failure is imminent." 27. Mr. O'Toole opined that the ECU formulas might understate capacity. His testimony was based on suppositions that ignored valid educational concerns regarding use of classroom and school space. Accordingly, this testimony was not persuasive. 28. This figure is derived from figures published in the BOE Chancellor's 2000-2001 budget request. 29. This number includes only those students entering ninth grade for the first time and does not include individuals who have been left back. 30. Ninth graders have a maximum of seven years in which to graduate; at age 21 students are no longer entitled to attend high school. 31. The court does not intend to disparage the achievements of individual GED recipients. A GED may constitute a significant achievement and an