The CCJEF v. Rell School Funding Case: The incredible transformation of Malloy and Jepsen

Today, as explained in a Wait, What? blog post last Friday, Attorney General George Jepsen, with the help and support of Governor Dannel Malloy, is asking a Connecticut Superior Court judge to dismiss the most important school finance lawsuit in nearly five decades.  As noted in that blog, the case, CCJEF v. Rell, may well be the most important school finance lawsuit in Connecticut history.

Friday’s post, entitled “Jepsen/Malloy move to destroy most important school funding lawsuit in modern times,” points out that once upon a time, when Governor Dannel Malloy was Mayor Dan Malloy of Stamford, he not only supported the CCJEF v. Rell lawsuit but was an original plaintiff in the historic battle to force the State of Connecticut to fulfill its constitutional obligation to the children of Connecticut.

As a candidate for governor, Malloy repeatedly proclaimed that he would implement a solution to Connecticut’s school finance crisis and end the need for the CCJEF v. Rell case.

But now with Malloy’s support, Connecticut’s attorney general is trying to dismiss this important case altogether.

Governor Malloy and Attorney General Jepsen have the opportunity of a lifetime to put Connecticut’s school funding system on track, not only for this generation, but for generations to come.   Instead of rising to the occasion, they are squandering the opportunity to make a profound difference for Connecticut and its children.

To understand the depth of their failure on this vital issue, read some of the previous Wait, What? blogs on this topic;

The Dan to Dannel transformation on the most important education lawsuit in Connecticut history  (April 5)

Despite having promised their support for the lawsuit, they are now not only trying to get the case dismissed, but are asking the court to prevent the Connecticut Coalition for Justice in Education Funding [CCJEF], a broad coalition of towns, schools, parents and public school advocates, from even serving as the plaintiffs in the case.

They are taking this unholy action despite the fact that the Connecticut Supreme Court ordered the lower court to hear the case.

And perhaps worst of all, this destructive action is being perpetrated by people who not only said they supported the lawsuit, but used that support to deceive the people of Connecticut into voting for them.

Dan Malloy and the education lawsuit of our lifetime;

On November 22, 2005, Stamford Mayor and Gubernatorial Candidate Dan Malloy issued a press release entitled “Malloy Supports Lawsuit Challenging Education Funding System…says that reforming the education funding system is an issue of ‘fundamental fairness.’”

Jepsen/Malloy Continue to Squander the Opportunity of a Lifetime; (Feb 7)

Sometimes you’re just left shaking your head; wondering what on earth has happened to our “Leaders.”

A few months ago, Attorney General George Jepsen, with the direct approval of Governor Dannel Malloy, filed a legal motion in an attempt to ensure that Early Childhood Education was not included in the definition of what the Connecticut Supreme Court called the “adequate education” that is guaranteed in the Connecticut Constitution.

Now, Attorney General Jepsen has filed an unprecedented subpoena seeking tens of thousands of pages of documents belonging to ten of the school districts that brought the now-famous CCJEF vs. Rell lawsuit that led the Supreme Court to define what an “adequate education” meant. Continue reading “The CCJEF v. Rell School Funding Case: The incredible transformation of Malloy and Jepsen”

Jepsen/Malloy move to destroy most important school funding lawsuit in modern times

Next Monday, on September 16, 2013, Attorney General George Jepsen, with the help and support of Governor Dannel Malloy, will go before a Connecticut Superior Court judge in what could be termed a despicable attempt to dismiss the most important school finance lawsuit in nearly five decades.  In fact, the case, CCJEF v. Rell, may well be the most important school finance lawsuit in Connecticut history.

Once upon a time, when Governor Dannel Malloy was Mayor Dan Malloy of Stamford, he not only supported the CCJEF v. Rell lawsuit but was an original plaintiff in the historic battle to force the State of Connecticut to fulfill its constitutional obligation to the children of Connecticut.

As a candidate for governor, Malloy repeatedly proclaimed that he would implement a solution to Connecticut’s school finance crisis and end the need for the CCJEF v. Rell case.

But now with Malloy’s support, Connecticut’s attorney general is trying to dismiss this important case altogether.

Long before Malloy became governor, before governors Rell, Rowland, Weicker, O’Neill and Grasso, there was the famous Connecticut lawsuit of Horton v. Meskill, a case designed to force Governor Meskill and the Connecticut General Assembly to adopt a fair school financing system.  In 1977, the Connecticut Supreme Court ruled, “that the right to education in Connecticut is so basic and fundamental that any intrusion on the right must be strictly scrutinized.” The Court said that “public school students are entitled to equal enjoyment of the right to education, and a system of school financing that relied on local property tax revenues without regard to disparities in town wealth and that lacked significant equalizing state support was unconstitutional. It could not pass the test of strict judicial scrutiny.”

The court ordered the executive and legislative branches to develop a new school funding system.

Now, nearly four decades later, Connecticut still doesn’t have a fair and equitable school financing system.

But the Connecticut Coalition for Justice in Education Funding, a statewide coalition of municipalities, local boards of education, education associations, unions, pro-education advocacy organizations, parents, public schoolchildren and taxpayers, are working to change that once and for all.

Founded in 2004, the coalition filed a lawsuit against the state of Connecticut in 2005.  That suit is called CCJEF v. Rell and it charges that Connecticut has failed to “adequately and equitably fund the public schools in accordance with its constitutional obligation.”

In March of 2010, the Connecticut Supreme Court took up CCJEF V. Rell and ruled all public school students in Connecticut have the constitutional right to an effective and meaningful (quality, adequate) education and CCJEF’s claim for a new public financing system was appropriate.

The Connecticut Supreme Court sent the case back to the Superior Court for a full trial on the merits and the trail is scheduled for July 2014.

But whether Governor Malloy and Attorney General Jepsen have reversed themselves and no longer believe in the constitutional right of Connecticut’s children or are simply trying to push the case past the next gubernatorial election, the duo have asked the Connecticut court to dismiss the case entirely.

Their move is an insult to every student, parent, teacher and taxpayer in the state of Connecticut.

It is hard to conceive that Jepsen and Malloy, two long-time Democrats, would be wasting time and scarce taxpayer resources in an attempt to dismiss this case.

The children of Connecticut deserve better.

More information on CCJEF go to:   http://ccjef.org/