the public is at an extreme disadvantage when it cannot follow
the way in which money moves.” The same sentiment was
expressed by Dr. Sobol. He testified that the complexity of the
formulas “made it more difficult to direct the aid where we
thought it was most needed, namely, with those students who
were not now enjoying the benefits of the resources needed to
require the sound basic education”. Under his helm, the SED was
concerned with disparities in wealth and cost across the state
“not only because of the inequality, but because of the
inadequacy, because, in some situations, it makes it impossible
for local schools or school districts to provide the conditions that
students need if they were to obtain the sound, basic education
under the constitution.” New York City was one of these school
districts.
The current Commissioner, Dr. Mills, testified that he did not
have a deep understanding of how the formulas work, and that
only “very few people” do. Dr. Berne, who is one of those few
people, testified that the formulas are extremely complex,
making it “hard for most people in the State to understand and *
* * easier for manipulation.” The shares agreement “negates the
general factors that are shown in the formulas * * * that are
supposedly driving resources to children in school districts.” The
complexity of the formulas and the decision to predetermine the
amount New York City students need are the culprit for the lack
of “alignment between educational goals and the components of
the school finance system.” Defendant Governor Pataki has called
the formulas “incomprehensible,” “convoluted,” and destined for
the “ash heap of history.”
Remedies
The formulas have consistently failed to provide New York City
schools with the funds necessary to allow them to provide a
sound education for their students. Despite constant fine-tuning,
the formulas have impeded the duty of the Legislature to
maintain and support an effective system of public schools in New
York City. In fact, their Byzantine complexity makes it possible
for aid to be distributed in an arbitrary manner that bears no
relationship between educational goals and costs associated with
meeting those needs. Consequently, the formulas are
incompatible with the Legislature's duty to provide a sound
education to New York City students. Since the formulas are used
to distribute aid to all the schools in the State, the remedy must
necessarily affect the entire interdependent school system. In
place of the formulas, the Legislature should institute a scheme
that:
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