State Files Brief in CFE Case

Says Again That 8th Grade Level of Learning
is Good Enough for NY Students

In yet another post-election year reversal, Governor Pataki's brief in CFE v. State once again refers to the Regents Learning Standards as "aspirational not just in their particulars but as an overall educational endeavor" despite the Governor's words that the state's goal is to "educat[e] our students so they can meet our standards and compete in the 21st century economy." Once again, the State contends that the now-defunct Regents Competency Tests (RCTs) are the measure that indicates that New York is fulfilling its Constitutional obligation to provide the opportunity for a sound basic education for all children. Past student results on the RCTs , the State argues, show that children in New York City are receiving an education that is "minimally adequate" and thus the State is not obligated to provide students with the resources they need to obtain a sound basic education that is consistent with the Regents Learning Standards.

The State concedes that at least 30 percent of students in New York City public schools do not obtain a diploma, yet they laud they "success of City students" and indicates their "success can mean only that the City schools are fulfilling the constitutional mandate." Even recognizing the poor graduation rates in the City, the State declares, "in any event, students who fail to complete high school are still 'educated.'" The State's continued reliance on a standard of minimal adequacy to define sound basic education will be detrimental to all students throughout New York.

CFE will be filing a reply brief on April 21, and the case will be argued before the Court of Appeals in Albany on May 8.

Posted April 10, 2003