Wednesday, September 14, 2016

Court Declares Connecticut Education System Violates State Constitution by Molly Hunter Education Law Prof Blog

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Court Declares Connecticut Education System Violates State Constitution by Molly Hunter

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On September 7, Superior Court Judge Thomas Moukawser issued his post-trial decision, in Connecticut Coalition for Justice in Education Funding (CCJEF) v. Rell, finding that the state was not fulfilling its duty under the state constitution to provide children with a fair opportunity for a high school education, and ordering the state to submit remedial proposals within 180 days.
The court articulated a constitutional standard that requires the state to provide funding and resources to meet student need. The court wrote that "the state must at least deploy in its schools resources and standards" substantially rational and connected to teaching children and "things known to meet children's needs."
The court concluded that many of the state's education policies are irrational. "For instance," the court observed,
the state spends billions of dollars on schools without any binding principle guaranteeing that education aid goes where it's needed. During the recent budget crisis, this left rich schools robbing millions of dollars from poor schools. ... Instead of the state honoring its promise of adequate schools, [it] has left rich school districts to flourish and poor school districts to flounder ... [and] the system cannot work unless the state sticks to an honest formula that delivers funding according to local need.
Despite these statements, however, the court articulated and followed "a low constitutional threshold," based on its understanding of the plurality plus one (4-3) CCJEF remand order from the Connecticut Supreme Court. But, the court appears to have missed much of the supreme court's instruction and failed to fulfill its expectation that the trial court would flesh out the resources needed to meet the supreme court's broad constitutional resource standards.
The supreme court also wrote that the trial needed "to determine as a question of fact whether the state's Education Law Prof Blog:



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