subjects. As the trial court explained, the PEP measures student
performance relative to a particular score, the State reference
point ("SRP") (187 Misc 2d at 65). The particular examination
used for the PEP reading test during most of the 1990s was the
Degrees of Reading Power ("DRP"). The DRP was replaced in
1998 because it was considered too elementary, in that over 90
percent of children Statewide scored above the SRP, so that the
exam was inadequate as a means of distinguishing fair from good
and good from excellent students. As a means, however, of
identifying students in need of remedial attention, the DRP was
adequate: a score below the SRP signaled need for improvement.
Between 1994 and 1998, the undisputed evidence showed that
upwards of 30 percent of New York City sixth graders scored
below the SRP in reading. Among third graders, 35 to 40 percent
scored below the SRP, while Statewide about 90 percent scored
above. The evidence showed that at the third grade level -- when
children are expected to have learned to read -- a score at the
SRP means a child is barely literate, and hence that over a third
of City schoolchildren were functionally illiterate. PET scores in
science and social science showed New York City fourth, sixth and
eighth graders invariably in the lowest quartile Statewide, and
generally between the 10th and 16th percentile. The trial court
attached significance to these low PEP and PET scores (187 Misc
2d at 65-66). It also properly recognized that -- as always -City-wide averages reflect a process of aggregation wherein some
successful schools and districts balance others where even larger
numbers of pupils score below the SRP ( id.). The Appellate
Division set forth no basis to challenge the trial court's analysis of
this output, other than its belief that courts should "look at the
nation as a whole," rather than to test result comparisons within
New York State (295 2 at 16). We reject this exclusive focus on
national comparisons because the record provides no information
on how many students receive a sound basic education
nationwide.
The State does rely partly on tests administered Statewide. In
particular, it cites student performance on the Regents
Competency Tests ("RCTs"), which have historically been
administered to 11th graders as a prerequisite for graduation. In
1997-98, 90 percent of the New York City schoolchildren who
reached 11th grade demonstrated competency in reading and
mathematics by passing either the RCTs or the more challenging
Regents examinations -- a figure not far behind the statewide and
suburban averages.