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Court Orders State to Make Sweeping Reforms in Schools in CCJEF Case
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HARTFORD — In a sweeping ruling Tuesday, Superior Court Judge Thomas Moukawsher declared that "Connecticut is defaulting on its constitutional duty" to fairly educate the state's poorest children and ordered the state to come up with a new funding formula for public education….
Moukawsher's unexpectedly far-reaching decision also orders the state to come up with clear standards at both the elementary and high school level and to improve the evaluation of teachers. Moukawsher did not address the level of funding for schools, but he blasted the General Assembly for recent cuts to public schools in the state's poorest cities.
"So change must come. The state has to accept that the schools its blessing and its burden, and if it cannot be wise, it must at least be sensible," Moukawsher said. Reading his 254-page ruling for more than two hours, Moukawsher ordered the General Assembly to devise a new school spending plan within 180 days. He also found that "the state is paralyzed about high school graduation," producing graduates in urban districts unready for "college nor career." The remarkable ruling orders the state to revamp virtually all areas of public education, from the hiring and firing of teachers to special education students to education standards for elementary and high school students.
"To get rid of an irrational policy, adopt a rational one,'' Moukawsher said in his ruling. "It's the court's job to require the state to have one. It's the state's job to develop one. The court will judge the state's solutions, and if they meet the standards described in this decision, uphold them." State officials had no immediate comment on whether they would appeal the ruling. "We are reviewing this decision in consultation with our client agencies and decline to comment further at this time," said Samuel Carmody, a spokesperson for the Attorney General's office.It was unclear Wednesday afternoon how the state and the General Assembly would come up with solutions, within months, to complicated problems that have plagued public education in Connecticut for decades.
Deputy House Speaker Robert Godfrey of Danbury hailed the ruling that would likely help his hometown and other communities -- but he said there is little chance the legislature will devise a solution within Judge Moukawsher's 180-day time frame. "We have no idea of the makeup of the General Assembly in January yet, and we won't know until November 8 or 9,'' Godfrey said, referring to the upcoming election. "I can't see us coming up with anything by March 7,'' he said. "We're already a quarter of the way through the fiscal year. We can't go to small towns and say, 'Give us back the money.' School is in session. This is going to be a lengthy debate, and it won't be limited just to the formula."
Godfrey still sees problems ahead because legislators are under intense pressure by their local mayors, town councils, and school board members to never cut education funding for their towns. "The political problem is getting 76 votes in the House and 19 in the Senate to reform it because they're never going to cut education spending to their towns," Godfrey said. "But we're going to be forced to do exactly that."
A stunned Danbury Mayor Mark Boughton, who was in the courtroom, called it "a sweeping indictment of the education system in Connecticut. He left no stone unturned."This is a complete overhaul of the public education system in Connecticut."
"This is a huge game changer," said Bridgeport Mayor Joe Ganim, who was also in court. "I think it compels action. I think it deserves deference by the state attorney general to abide by this and not appeal it, and the general assembly to act quickly. It'll be the issue of this (legislative) session." Hartford Mayor Luke Bronin said the ruling "shines a bright light on the profound inequalities that exist between school districts and holds out the promise of real reform to our educational system and funding structure."
The education funding case was filed by the Connecticut Coalition for Justice in Education Funding more than a decade ago. It challenged the constitutionality of the state's education funding system, which relies largely on the state property tax. The coalition includes municipalities, local boards of education, unions and education advocacy organizations, including families of students. Lawyers for the plaintiffs have argued that many of the state's poorer districts do not have enough funding to provide an adequate education, while the state has argued that the state's investment in education is enough to provide one.
"Too little money is chasing too many needs," Moukawsher said, excoriating state legislators for spending decisions on public education in the face of need. Moukawsher warned against legislators making a "mockery of the state's constitution." Moukawsher ordered the state to revamp an "irrational system of compensation and evaluation" of teachers. Additionally, the judge also pointed to deep problems with special education services in schools across the state. In urban districts, "most of the students are being let down by patronizing and illusory degrees," Moukawsher said. "The state is failing poor students by giving them unearned degrees" by graduating them without the skills needed for higher education, Moukawsher said. In particular, he noted a dysfunctional teacher evaluation system where "everyone succeeds" and where student success isn't considered.
"Good teachers can't be recognized and bad teachers can't be removed," Moukawsher said. "There is no place to hide this bad news," Moukawsher said. "The achievement gap between the rich and the poor is not because the rich do so well." "There could not be a worse time to move education money from struggling school districts," Moukawsher said, referring to recent spending decisions made by state legislators and the governor. "But the state did it anyway." "The importance of the state's direct duty over public education could not be clearer," Moukawsher said. "Elementary and secondary education is a fundamental right."
Moukawsher's dramatic and far-reaching ruling blasted the state's "befuddled and misdirected" education policies that have left cities without adequate resources, denying children their constitutional right to an equal education. The case highlighted the inequity between Connecticut's urban and largely poor school districts and the state's wealthier -- and higher achieving -- suburban school districts.
Judge Moukawsher's ruling in the case came less than a month after closing arguments in August. During the trial the state cited the substantial resources Connecticut devotes to public education, including hundreds of millions of additional dollars directed to low-performing districts in recent years.
Courant Staff Writers Matthew Kauffman, Kathleen Megan, Christopher Keating, Kathleen McWilliams, Don Stacom and Shawn R. Beals contributed to this story.
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