per student as the rest of the State, its class sizes are much
larger.
Nor does additional funding for more teachers or increased
teacher pay neatly translate into the assignment of more qualified
teaching staff to the "worst" schools. For example, the record
clearly established that the most inexperienced teachers are
routinely placed in the “worst” schools. This situation is likely to
persist, regardless of the number of teachers or their pay, so long
as the collective bargaining agreement between the teachers'
union and the school district allows more experienced teachers to
opt out to “better” schools.
Remedy
The majority first directs the State to determine the actual cost of
a "sound basic education" and to ensure that every school in New
York City has the necessary funding to meet the standard, and
sets a deadline. The funding level must reflect the cost of a
“sound basic education” that is not tied to anything other than a
“meaningful high school education.” The majority also remands
the case to the trial court to review the Legislature's efforts to
determine if under the new funding scheme “inputs and outputs
improve to a constitutionally acceptable level” (majority opn at
50).
This remedy is extraordinary, if not unprecedented. Having
determined that the State is not satisfying its constitutional
obligations with respect to the education of New York City's public
school children, we should -- as the State requests -- simply
specify the constitutional deficiencies. It is up to the Legislature,
as the entity charged with primary responsibility under the
Education Article for maintaining the State's system of public
education, and the Executive, who shares responsibility with the
Legislature, to implement a remedy. This lawsuit should be at an
end. Instead, the majority, observing that "the political process
allocates to City schools a share of State aid that does not bear a
perceptible relation to the needs of City students" (majority opn
at 50), casts the courts in the role of judicial overseer of the
Legislature. This disregards the prudential bounds of the judicial
function, if not the separation of powers.
Moreover, as soon as the trial court is called upon to evaluate the
cost and educational effectiveness of whatever new programs are
devised and funded to meet the needs of New York City's school
children, the education policy debate will begin anew in another
long trial followed by lengthy appeals. The success of the new
funding mechanism will then be tested by outputs (proficiency
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents