Campaign For Fiscal Equity v. State of New York

In Campaign For Fiscal Equity v. State of New York (86 NY2d 307 [hereinafter C.F.E.]), the Court has set forth a specific standard (physical facilities and pedagogical services) which, if met, absolves the State of any further responsibility. The C.F.E. plaintiffs alleged a failure on the part of the State to meet this threshold and the Court allowed that case to proceed. By so doing, the Court appears to have, at least in part, equated "the opportunity of a sound basic education" with adequate "physical facilities and pedagogical services and resources. " However, the Court remanded the case back to the trial court "to evaluate whether the children in plaintiffs' districts are in fact being provided the opportunity to acquire the basic literacy, calculating and verbal skills necessary to enable them to function as civic participants capable of voting and serving as jurors" (C.F.E., at 318). The Court continued: "We do not attempt to definitively specify what the constitutional concept and mandate of a sound basic education entails. Given the procedural posture of this case, an exhaustive discussion and consideration of the meaning of a 'sound basic education' is premature." (C.F.E., 86 NY2d, supra, at 317.)