New York Civil Liberties Union v. State

OPINION OF THE COURT

Chief Judge Kaye.

Plaintiffs bring suit against the State and its agencies responsible for education, alleging that students in 27 named schools outside of New York City are being denied the opportunity for a sound basic education. 1 Although plaintiffs raise two separate claims, one alleging a constitutional violation and the other a regulatory violation, both in effect request the same relief—-that the State determine the causes of failure of each of the cited schools, and do something to correct it. We agree with the courts below that plaintiffs’ complaint fails to state…