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Tale of Two States: CT Court Boosts Public Ed While Neighboring RI Slashes It

Connecticut may not have a governor who supports fair and adequate funding of our public schools, but at least we have a State Supreme Court that is willing to step in to ensure Connecticut's children get the quality education that they need and deserve.

The citizens of Rhode Island – not so fortunate.

Connecticut's State Supreme Court determined that the state in fact does have a constitutional obligation to adequately fund Connecticut's public schools (seems self-evident, but a sad testament to how low our school system has sunk to know that it's not). The Supreme Court sent the case, called Connecticut Coalition for Justice in Education Funding [CCJEF] v. Rell, back to the trial court for a full hearing on what an adequate state funding formula would entail.

As Mayor of Stamford, Dan Malloy was one of the original plaintiffs behind this landmark lawsuit, a case that would lead to more state support for public schools and reduced pressure on local property taxpayers to pay those costs.

But after getting re-elected on a promise to support the case, Governor Dannel Malloy joined Attorney General George Jepsen in trying to have the lawsuit dismissed, in essence sweeping it under the rug.

The judge in the case would have none of it, calling for a full trial in the case against the State of Connecticut that will begin later this year.

Unfortunately for the children, parents, and teachers of neighboring Rhode Island, their state supreme court isn't willing to stand up and ensure the politicians there don't destroy their state's public education.

Diane Ravitch recently reported the news in an article entitled, "Rhode Island Supreme Court Rejects Equality of School Funding: Sorry, Kids!"

Diane Ravitch writes:

Almost sixty years to the day of the U.S. Supreme court's historic Brown decision, the Rhode Island Supreme Court rejected a lawsuit against the state's inequitable funding system. The court said it was "deeply concerned" and acknowledged that the funding disparities hurt poor urban children most, but passed the buck. "Not our problem," the court said.

Here is a summary from the Education Law Center.

RI SUPREME COURT IS "DEEPLY CONCERNED" BUT DENIES RELIEF TO SCHOOL CHILDREN

May 15, 2014

On May 3, 2014, the Rhode Island Supreme Court dismissed the fair school funding case, Woonsocket v. State. The Court concluded that conditions in the plaintiffs' schools "make a strong case" against the current funding system. Nonetheless, the justices denied plaintiffs the chance to present their evidence in a trial on the merits of the case.

The Court wrote, "We emphasize that we are deeply concerned by the conditions of the schools in Pawtucket and Woonsocket as alleged by plaintiffs, as well as by the alleged predicaments of those municipalities regarding their inabilities to allocate the funding required to meet state mandates. Installing a means of providing adequate educational opportunities to every child in the state is not only an admirable goal; it is 'perhaps the most important function of state and local governments.'" (quoting the landmark U.S. Supreme Court decision in Brown v. Board of Education)

In its written opinion, the Court summarized plaintiffs' allegations, which detail the state's adoption of higher and higher standards while failing to align funding to those standards. Insufficient resources mean students do not have the opportunity to reach the standards, plaintiffs assert. More recently, the state went so far as to cap local taxing authority so that municipalities attempting to make up for state shortfalls were not allowed to do so, plaintiffs add.

The Court also quoted plaintiffs' complaint with regard to the most recent funding formula adopted by the state in 2010, noting that the formula "fails to provide adequate resources to allow children, especially in poor, urban communities, to obtain a quality education [and] a reasonable opportunity to meet the [state's] academic standards." The Court summarized plaintiffs' description of the dire state of school facilities, books, and supplies, and the low test scores that flow from the state's allegedly inadequate funding.

The state defendants filed a motion to dismiss this case, and the Court explained that its decision on the motion depended on interpretation of the Rhode Island Constitution's Education Clause, which states that:

"The diffusion of knowledge, as well as of virtue among the people, being essential to the preservation of their rights and liberties, it shall be the duty of the general assembly to promote public schools, and to adopt all means which they may deem necessary and proper to secure to the people the advantages and opportunities of education."

Although earlier precedent held that the Rhode Island General Assembly has exclusive authority over school funding, plaintiffs argued that repeal of a particular clause in the state constitution rendered that precedent irrelevant for the Woonsocket case. Plaintiffs also claimed that changes since the earlier precedent meant the state had replaced local control with state mandates. However, after an analysis of the impact of that repeal and other changes, the Supreme Court ruled that the General Assembly's broad discretion in how it complies with the Education Clause was not impaired.

The Court indicates that the political branches could solve the problem of school funding without a court order by improving the states' system. But the justices appear to ignore the General Assembly's history of allocating inadequate funding for schools in low-wealth communities.

Based on that history and the current ruling, it appears that meaningful relief and educational opportunity will come to the students in under-resourced Rhode Island communities only if and when voters amend and strengthen the state constitution's education clause. Only then will future plaintiffs with similar claims finally be granted their day in court. Some education advocates are proposing such an amendment.

More about the case via the Education Law Center at: http://www.edlawcenter.org and http://www.educationjustice.org

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