definition of plaintiffs' burden of proof on causation or -- what
amounts to the same thing in practice -- to the determination of
whether plaintiffs' cause of action is viable.
In CFE Judge Simons argued otherwise, citing declining City
contributions to the school budget as part of his reason why
plaintiffs' claim should have been dismissed (86 2 at 334, 340341). The State essentially tries to revive this argument,
contending that plaintiffs must lose because they have not shown
why their grievance could not be addressed by measures less
drastic than constitutional adjudication: greater effort by the City,
whether voluntary or statutory. The analysis we have already
outlined regarding responsibility for special education placement
and teacher employment practices applies here again. Relative to
the State, the City has "absolutely no control" over the school
funding system ( City v State, 86 NY2d at 295) and while any
failings may be considered in determining the remedy, they do
not constitute a supervening cause sufficient to decide the case
for the State. Plaintiffs have established the causation element of
their claim.
V. The Remedy
Challenging as the previous issues are, in complexity they pale by
comparison to the final question: remedy. Pointing to a long
history of State inaction despite its knowledge of the inadequacy
of the education finance system, plaintiffs ask us to initiate a
legislative/judicial dialogue by issuing guidelines to the
Legislature for restructuring the system and directing -- with
strict timetables -- that the necessary resources be provided. The
State, by contrast, urges that, should a constitutional violation be
found, the Court simply direct the proper parties to eliminate the
deficiencies.
Both extremes are problematic. We are, of course, mindful -- as
was the trial court -- of the responsibility, underscored by the
State, to defer to the Legislature in matters of policymaking,
particularly in a matter so vital as education financing, which has
as well a core element of local control. We have neither the
authority, nor the ability, nor the will, to micromanage education
financing. By the same token, in plaintiffs' favor, it is the province
of the Judicial branch to define, and safeguard, rights provided by
the New York State Constitution, and order redress for violation
of them. Surely there is a remedy more promising, and ultimately
less entangling for the courts, than simply directing the parties to
eliminate deficiencies, as the State would have us do.