are the best indication of teaching ability (295 2 at 14). But
plaintiffs' expert on the labor market for teachers, Dr. Hamilton
Lankford, testified authoritatively regarding other factors that are
probative of teacher quality, and several experienced
administrators testified that principals' reviews tend to conceal
teacher inadequacy because principals find it difficult to fire bad
teachers and to hire better ones. In our view, the Appellate
Division improperly narrowed the inquiry here. Considering all of
the factors, we agree with the trial court's findings and its
conclusion that the teaching is inadequate.
The 1999 655 Report noted that schools with the highest
percentages of minority children "have the least experienced
teachers, the most uncertified teachers, the lowest-salaried
teachers, and the highest rates of teacher turnover." The same
report showed that well over half of the State's minority children
attended New York City schools; that 84 percent of New York City
schoolchildren were minorities; and that most of these children
are poor. Taken together, these and other facts and statements in
the 655 Report amount to an admission by the State agencies
responsible for education that -- with respect to teacher
experience and retention, certification and pay -- New York City
schools are inferior to those of the rest of the State.
To be sure, the Education Article guarantees not equality but only
a sound basic education ( see Levittown, 57 NY2d at 48). But as
Judge Levine observed in his concurrence in CFE, "the
constitutional history of the Education Article shows that the
objective was to 'make[] it imperative on the State to provide
adequate free common schools for the education of all the
children of the State' and that the new provision would have an
impact upon 'places in the State of New York where the common
schools are not adequate'" (86 2 at 327 [Levine, J., concurring,
citing 3 Revised Record of Constitutional Convention of 1894, at
695] [emphasis added]).
The 655 Report indicates a mismatch between student need in
New York City and the quality of the teaching directed to that
need, and it is one authoritative source of facts showing the
extent of the mismatch. The report, for instance, shows that in
1997 17 percent of New York City public schoolteachers either
were uncertified or taught in areas other than those in which they
were certified. The trial court noted this fact and evidence that
uncertified and inexperienced teachers tend to be concentrated in
the lowest performing schools. Notably, Dr. Lankford
demonstrated not only that New York City schools had the largest
percentage of teachers with two or fewer years' experience but
also that this percentage was greatest -- at 17.9 percent -- in the