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.

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