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PERFORMANCE STDS v. EDUC DEPT

293 A.D.2d 113 (2002)

741 N.Y.S.2d 349

In the Matter of NEW YORK PERFORMANCE STANDARDS CONSORTIUM et al., Appellants, v. NEW YORK STATE EDUCATION DEPARTMENT et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 9, 2002.

Attorney(s) appearing for the Case

Weil, Gotshal & Manges L.L.P., New York City (Richard J. Davis of counsel), for appellants.

Eliot Spitzer, Attorney General, Albany (Denise A. Hartman of counsel), for respondents.

MERCURE, J.P., PETERS, SPAIN and LAHTINEN, JJ., concur.

OPINION OF THE COURT

CREW III, J.

Petitioner New York Performance Standards Consortium (hereinafter the Consortium) is comprised of 28 public high schools that advocate the use of performance-based assessments in lieu of State Regents examinations. Specifically, these schools require students to successfully complete five performance-based tasks in the core academic disciplines in order to graduate—a research paper, a literary essay, a scientific...

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