In this lawsuit, plaintiffs assert that the Education Article
establishes a particular quality standard, and that New York City's
public schools do not offer students the opportunity for an
education that meets this quality standard. Plaintiffs then argue
that the reason for this failure is necessarily inadequate State
funding, even though the New York City public school system
receives substantial school aid and has benefitted from huge
increases in school aid over the life of this litigation. Plaintiffs'
proof of a causal link amounts to nothing more than an article of
faith: the New York City public school system is not what we
would like it to be or what it needs to be, and more money is
always better; therefore, the system's shortcomings are
attributable to inadequate funding, for which the State is always
entirely responsible because of the obligation placed upon it by
the Education Article. As the Appellate Division recognized, this is
not proof of a causal connection, it is a recipe for "limitless
litigation" (295 2 1, 9 [2002]). Moreover, I would not expect this
"limitless litigation" to be confined to litigants concerned about
New York City's public schools. The success of plaintiffs' theory
here will no doubt inspire a host of future litigants representing
other communities and school districts throughout the State.[37]
In fact, of course, educational deficiencies are not always
attributable to the lack of money or necessarily cured by the
infusion of more funds.[38] A wide variety of non-financial factors
(not to mention socio-economic factors) may contribute to
academic failure, including mismanagement, excessive
administration, misassigned teachers, misplaced spending
priorities, outright corruption, and an improper emphasis on
some programs.
For example, the majority points to excessive class size as a
measurably deficient "input." Certainly, the Board of Education
might hire more teachers if increased funds were made available
for this purpose. Class size, however, is also a function of how
the Board deploys its teachers. Before their recently negotiated
collective bargaining agreement, the City's teachers had a shorter
contractual teaching day than was the case in any other school
district in the State or in other large urban districts across the
nation. New York City has one teacher for every 14.1 students,
placing it in the top 10 percent of large districts across the
nation. By comparison, Los Angeles, the second largest school
system in the nation, has one teacher for every 20.8 students.
Further, the Board of Education employs thousands of teachers
who are not assigned classroom teaching duties.[39] Thus,
although the City employs roughly the same number of teachers
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