The trial court ordered the State first to ascertain the actual cost
of providing a sound basic education State-wide, and then reform
the system to (1) ensure that every school district has the
resources necessary to provide a sound basic education; (2) take
into account variations in local costs; (3) provide sustained and
stable funding in order to promote long- term planning by school
districts; (4) provide "as much transparency as possible so that
the public may understand how the State distributes School aid";
and (5) ensure a system of accountability to measure the effect
of reforms implemented ( id. at 115). We take it that the fourth,
"transparency" requirement would relate to the process by which
funds are allocated in Albany, while the fifth, "accountability"
requirement relates to the evaluation of schools and of programs
designed to improve them.
The State objects to each of these guidelines on various grounds,
but a common theme is that existing reforms already address
existing problems. Indeed, ongoing Federal, State and City
programs -- several initiated after the close of trial -- likely
constitute the most ambitious education reform in recent years.
Starting at the Federal level, the No Child Left Behind Act of 2001
(Pub L 107 115 Stat 1425 2002]), amending the Elementary and
Secondary Education Act (20 USC § 6301
(/uscode/20/6301.html) et seq.), now requires states to establish
mechanisms to identify schools where student performance does
not meet standards set by each state. To qualify for Federal
education funding, states must give children who attend such
schools remedial options, such as tutoring or the right to transfer
to a better school.
As part of a Statewide procedure to identify schools in need of
improvement, a number of City schools have been designated as
Schools Under Registration Review ("SURR") ( see 8 NYCRR
100.2[p]). This SURR list consists of those schools the
Commissioner of Education deems farthest from meeting
accountability criteria tied to the Learning Standards (8 NYCRR
100.2[p][4], [7]). Such schools are required to implement a
"corrective action plan" and undergo monitoring; if they do not
improve, they may be declared "unsound" (8 NYCRR [5]). In New
York City, some SURR schools are removed from their community
school district and absorbed into a special "Chancellor's District,"
where they receive greater resources and supervision. City
schools constituted over 94 of the 98 SURR schools Statewide in
1997-1998, the last year for which the record discloses the
number of SURR schools.