Connecticut Coalition for Justice in Education Funding (CCJEF) vs Malloy (and Rell)

Eleven years ago, the Connecticut Coalition for Justice in Education Funding (CCJEF) brought a suit against the state of Connecticut charging that the state’s school funding formula had been so corrupted that it violated Connecticut’s Constitution by failing to provide cities and towns with sufficient state aid to ensure that every child received a proper public education.

At the time, Dannel Malloy was the Mayor of Stamford and signed onto to lawsuit as a plaintiff, correctly pointing out that students in his community and across the state could not get a proper education as a result of Connecticut’s warped school funding program.

As a candidate for governor Malloy supported the suit and recognized that it was the single most important mechanism for transforming Connecticut’s school funding formula into something that adequately funded schools and treated local property taxpayers more fairly.

But upon being elected governor, Malloy switched his position 180 degrees and has spent the last seven years trying to prevent the critically important lawsuit from coming to trial.  When that strategy failed, he wasted precious public dollars, as has Connecticut Attorney General George Jepsen, working to convince the judicial system that Connecticut’s unfair school funding system is just fine.

For the last five months, a Connecticut judge has been taking testimony on the case.  Yesterday the legal team representing students, parents, teachers and public schools gave their closing arguments.  Today, the state will make their pitch about why the courts should turn their backs on Connecticut’s school funding crisis, and leave the ECS formula in place.

In a story wrapping up the trial, the CT Mirror wrote;

This question over whether the case, which was filed nearly 11 years ago, should move forward is not a new one. The state’s attorney general has been asking the court for years to strip CCJEF of its standing to sue.

But the attorney representing the plaintiffs rejected those calls Monday.

“I think that it is absolutely undisputed that we have at least one set of plaintiffs that have standing in this case…That ends the discussion,” Joseph Moodhe, the lead attorney for the plaintiffs, told the judge. He called the debate over standing a “red herring” aimed at avoiding a decision on the quality of the education being offered to students.

As for the fundamental issues of the case, the CT Mirror explained:

What’s an adequate education?

A divided Connecticut Supreme Court six and a half years ago ruled that the state is responsible for ensuring that public schools are of a certain quality, but left it up to a lower court to determine what that standard is and whether it is being met.

“Where do you set the standard? I think that is what has to be considered,” Moukawsher said Monday.

The plaintiffs argued Monday an adequate education is one that prepares students with the opportunity to attend college when they graduate high school.

“Our case is about not having those opportunities because the resources are not there for those children,” said Moodhe. “Ultimately, it comes down to whether the district is getting the appropriate resources to provide for what’s needed to educate their children.”

Throughout the trial, the coalition chose six school districts to highlight problems – Bridgeport, Danbury, East Hartford, New Britain, New London and Windham. All enroll high concentrations of students from low-income families.

“The larger issue is what happens in districts that have large proportions of impoverished adults and students and how that particular dynamic impacts the ability of districts to provide an education to the students they are there to serve,” said Moodhe. “I think the evidence is quite clear that all of these townships are financially distressed; that most of the evidence has indicated that the superintendents have fought to get additional funding and pretty much without exception they have been disappointed… Because these towns are populated by poorer populations, they really don’t have the income in order to finance their schools.”

During his closing arguments, Moodhe asserted that high-poverty districts are not meeting even a minimum threshold for education quality because they cannot hire and retain talented staff.

“Poverty district students are more likely to be taught by less experienced new teachers,” said Moodhe. “Our districts are disadvantaged by districts’ inability to field the best teachers.”

Difficult working conditions, teachers and principals testified throughout the trial, include larger class sizes and high concentrations of high-need students. Educators say they lose waves of their best teachers each year, have trouble hiring replacements, and have too few teachers and other support staff to keep their students from falling further behind.

“They have less compensation and less enviable working conditions,” said Moodhe. “The evidence is quite clear that the teacher situation is a problem.”

But attorneys representing the state have countered that the schools in these districts are overwhelmingly filled with excellent teachers — as evidenced by annual evaluation ratings — and that the state has spent millions in recent years so that students have the staff support they need.

The lengthy article went on to note:

An equal education for all?

There’s no question that the state’s wealthiest communities are spending much more educating their students.

But should the state be responsible for equalizing that disparity?

Neither side is arguing that should happen.

Rather, those suing the state want a funding system that recognizes the extra cost to catch high-need students up with their peers.

While the states primary school funding grant provides 30 percent more money for children from low-income families, experts who testified for the plaintiffs during the trial testified that it costs two to three times as much to educate poor children who often show up for school with major deficiencies.

The state directs the vast majority of its education funding to the poorest and lowest-achieving communities, but the plaintiffs argue it clearly hasn’t been enough to make up for the significant needs these districts face.

Their proof: test results that show about half the students from these districts are multiple grade levels behind in reading and math.

“What you really have to do is give somebody the opportunity to get that adequate education. They may not get there. But you have to give them the tools and the resources,” he said.

When should the court step in?

The State Constitution requires that, “There shall always be free public elementary and secondary schools in the state. The General Assembly shall implement this principle by appropriate legislation.”

Missing is language clarifying what level of education is required.

Three of the seven justices on the Connecticut Supreme Court ruled in 2010 that the constitution entitles every school-aged child to a “an education suitable to give them the opportunity to be responsible citizens able to participate fully in democratic institutions, such as jury service and voting, and to prepare them to progress to institutions of higher education, or to attain productive employment and otherwise to contribute to the state’s economy.”

A fourth justice wrote a concurring opinion, agreeing that the constitution guarantees a certain level of educational quality but setting a much lower threshold for what that standard would be.

“The right established under [the constitution] requires only that the legislature establish and maintain a minimally adequate system of free public schools,” Justice Richard N. Palmer wrote. “Consequently, in my view, the plaintiffs will not be able to prevail on their claims unless they are able to establish that what the state has done to discharge its obligations under [the constitution] is so lacking as to be unreasonable by any fair or objective standard.”

In the absence of a clear majority mandate from the high court on what quality threshold the state must meet, Judge Moukawsher on multiple occasions has said he worries about overstepping the court’s proper role.

“I think you should understand by now that I have concerns about the fitness of the court to set a level of education spending beyond a bare minimum,” he told the attorneys Monday.

That concern stems from court decisions seemingly piling up that force the state legislature to spend money on particular priorities. On Monday, the judge specifically pointed out the courts’ involvement in ordering the state to desegregate Hartford schools and to take better care of abused and neglected children in the custody of the state’s child welfare agency.

“If I order so many billions to go to education as a whole, are there going to be billions left to desegregate Hartford Public Schools? So too with respect to the Department of Children and Families,” Moukowsher said. “The court is telling [the legislature] ‘spend this, spend that.’ How do courts do that in a vacuum? How can a court say, ‘Here’s what you’re going to spend’ without even considering that there are other constitutional rights that you impinge on when doing that. And there are a lot more, the mentally ill, prisoners, all of them have constitutional rights. When you order spending over here, you have to recognize that you’re affecting the spending over there.

“It means we have a big problem in courts doing this sort of stuff,” said Moukawsher, a former state legislator who represented Groton. “As much as you might say that courts have done it, I am not willing to do it unless I can believe there’s a way to do it rationally and fairly and a way that does not undermine the whole constitutional structure of the state by having the judiciary interfering so much with the job of the legislature that it cripples the legislature’s ability to do policy decisions.”

But, he acknowledged, there has to be some minimal standard that the court holds the legislature and governor to, otherwise, “You would have an empty constitution.”

Attorneys for the state have been arguing for judicial restraint in this case, but those suing the state maintain that a constitutional right should not be blunted by other obligations the state also must meet.

“The right to an adequate education is an affirmative constitutional obligation,” said Moodhe. “There is a challenge to the legislature for inaction… The legislature should not be given wide deference to meet that affirmative obligation.”

And the CT Mirror summarized the case, asking, “What’s the remedy?”

If the judge determines that the state is not providing students with the education the constitution requires, it could then be up to him to fashion a remedy.

If that’s necessary, the state says it would want him to order the legislature to make this its top priority and fix the problem, as was done in previous education funding and segregation lawsuits.

But the coalition suing the state says the courts should oversee a remedy that directs more money to needy schools.

No matter what Moukawsher decides, both sides have said they will appeal to the state Supreme Court for a final determination.

You can read and comment on the full CT Mirror article at: http://ctmirror.org/2016/08/08/ct-school-funding-on-trial-5-key-questions-facing-the-judge/

Hey Malloy, Wyman and Jepsen – Connecticut children have a Constitutional Right to a quality education!

Six years ago the Connecticut Supreme Court ruled in the case of CCJEF v. Rell that Connecticut’s State Constitution REQUIRES that all public school students have the fundamental right to “an effective and meaningful (quality, adequate) education, the standard for which is “dynamic” and dependent on the “demands of an evolving world.”

Connecticut’s Supreme Court then sent the case to a trial judge to determine what the State of Connecticut must do to meet that standard.

However, for the past six years Governor Dannel Malloy, Lt. Governor Nancy Wyman, Attorney General George Jepsen and the Malloy administration have fought to derail, destroy or dismiss this incredibly important lawsuit.

Instead of stepping up to fulfill their legal duty to the children of Connecticut, these “Democratic” politicians have devoted a massive amount of taxpayer resources in an immoral attempt to prevent Connecticut’s children (and Connecticut’s local property taxpayers) from having their “day in court.”

Despite Malloy, Wyman and Jepsen’s best efforts, the CCJEF V. RELL trial begins today.  (See CT Newsjunkie Trial on Landmark Education Funding Lawsuit Begins)

As CCJEF explained in a recent press release;

(Hartford, CT)—The landmark CCJEF v. Rell education adequacy and equity case goes to trial before the Hartford Superior Court beginning Tuesday, January 12, 2016.

At issue in the case is whether the State’s public education finance system meets the adequacy and equity standards required by the Connecticut Constitution (PROPOSED STATEMENT OF FACTS, Plaintiffs’ Preliminary Findings of Facts and Conclusions of Law, January 5. 2016).

“The journey on this long and winding judicial road has taken nearly 11 years, but now Connecticut’s schoolchildren will have their day in court,” said Herbert C. Rosenthal, CCJEF President.  “The outcome of this historic case will have profound impacts on how public education services are delivered and funded for generations to come.  It is time to acknowledge that the education finance system in our state is broken and needs to be fixed.” said Rosenthal.

CCJEF (www.ccjef.org) is dedicating our trial efforts to the memory of Dr. Dianne Kaplan deVries, CCJEF founder and long-time project director, who passed away on October 11, 2015.

CCJEF, established in 2004, is a broad-based 501(c)(3) nonprofit that seeks to achieve an adequately and equitably funded PreK-12 public education system that is based on the learning needs of students and the real costs of delivering high-quality education in every community.

In 2005, CCJEF and several named school children and their parents filed suit against the State of Connecticut (CCJEF v. Rell) for its failure to meet its constitutional obligation to adequately and equitably fund the public schools. In a 2010 pretrial ruling, the Connecticut Supreme Court affirmed the State’s constitutional obligation and remanded the case back to the trial court for full trial on the merits of Plaintiffs’ adequacy and equity claims.

As noted, additional details about CCJEF’s position can be found in the PROPOSED STATEMENT OF FACTS, while Malloy/Wyman/Jepsen’s warped version of the education funding issue can be found via State of Connecticut Position.

As the recent CCJEF press release explains, Dianne Kaplan deVries served as The Connecticut Coalition for Justice in Education Funding’s Project Director until her recent death. 

Diane Kaplain deVries was a tireless advocate for Connecticut’s public school children and wrote multiple commentary pieces about the school funding issue which were published at CT Newsjunkie.

In a March 11, 2013 CT Newsjunkie column entitled, Fighting Children in the Courtroom, Diane Kaplan deVries framed the growing frustration with the way Malloy and his people sought to undermine public education in Connecticut.

A 2010 Connecticut Supreme Court pretrial ruling says that public school children have a constitutional right to a quality (adequate) education and the state must pay for it. That’s surely inconvenient for a state with a budget in the red. No wonder lawyers for both sides are bumping heads as the case inches forward to trial, currently scheduled for July 2014.

It appears from the motions filed in late January by the state in the Connecticut Coalition of Justice In Education Funding v. Rell lawsuit that Gov. Dannel P. Malloy, a former prosecutor, would prefer to fight schoolchildren in the courtroom than to sit down with plaintiffs and realistically consider the state’s options.

The state filed two motions with the trial court. One seeks to dismiss the case because it is either moot or not yet ripe for trial, and for a second time since the case was filed, also seeks to remove the Connecticut Coalition for Justice in Education Funding as a plaintiff.  This newest challenge to the coalition’s associational standing hinges primarily on the large number of school districts and municipalities that are members—creations of the state which are not ordinarily able to bring suit against it. The second motion asks the court to modify the scheduling order that sets deadlines for steps leading to trial.

In support of its motion to dismiss, the state appended some 410 pages of documents. These primarily consist of copies of the 2012 legislation, various State Department of Education compilations, and affidavits from state Department of Education Chief Financial Officer Brian MahoneyEducation Commissioner Stefan Pryor, and a consultant from Hawaii, Richard Seder.

Arguments raised by the state relating to mootness are that the CCJEF complaint describes education deficiencies that some children may have experienced in 2005. However, thanks to the education reform legislation enacted by last year’s legislature it has “dramatically and comprehensively altered the public education system the plaintiffs ask this court to declare unconstitutional” (p. 2, Motion to Modify Scheduling) The state also claims that the funding that accompanied those reforms, laid out in the Mahoney affidavit, was substantial.

Perhaps hedging bets on which argument may resonate more with the court, the state simultaneously argues against the ripeness of plaintiffs’ claims, maintaining that it is too soon for this case to come to trial because there needs to be sufficient time for those 2012 education reforms to produce a measurable effect.

Undaunted by the state’s positions, CCJEF counsel fired back a reply brief with 329 pages of exhibits. Countering the affidavits attached to the state’s brief is the affidavit of Rutgers Professor Bruce Baker, one of the nation’s leading school finance experts. (For those with less reading time available, his recent blog posting on SchoolFinance101 makes use of some key scattergrams from his CCJEF reply brief affidavit.)

Baker’s analysis of the 2012 education reform legislation differs vastly from the views presented in the state’s filings. Highlights are as follows:

  • Changes in funding for the Education Cost Sharing (ECS) grant for 2012-13 are trivial, even for the Alliance Districts, which saw increases mostly less than $200 per pupil and under 2 percent.  Fiscal analyses reinforce rather than negate plaintiffs’ claims of underfunding of the ECS formula and its inequitable distribution of state aid.  Moreover, increased funding to charters that already outspend host districts (after adjusting for student need) and serve lower-need student populations exacerbates rather than moderates disparities in opportunity.
  • Nominal changes to various state policies enacted in 2012 produce no change to the distribution of educational opportunity (equity) and provide no measurable additional resources (adequacy).  Nor is it likely that they could in future years.  Moreover, the funds attached to the policy changes, aside from being trivial, are not guaranteed (as was evidenced in December by the Governor’s rescissions, followed shortly thereafter by the legislature’s deficit mitigation cuts).
  • The 2012 policy changes mainly add structures that label the successes and failures of districts, schools, and teachers — labels that come with an increased threat of state intervention and a reduction of local control that may adversely affect local property values, accelerating the downward spiral of communities already in long-term economic and educational decline.  Absent the provision of equitable and adequate resources, such policy changes may disrupt local governance and involvement in the schools and force upon local districts new costs and spending requirements.
  • The state’s claims of improvements to be gained through mandated changes to teacher evaluation as a policy lever for redistributing (positively) educational opportunities for schoolchildren are without foundation or supporting evidence.  To suggest that changes to teacher evaluation alone would improve the equity and adequacy of the teacher workforce — regardless of resources — ignores the increased job insecurity and absence of increased wages or benefits that counterbalance the risk.  New teacher evaluation schemes also come with substantial up-front costs that are not addressed with additional state aid to school districts.
  • Educational adequacy and equal educational opportunity should not be reserved for a tiny portion of schools (Commissioner’s Network) or districts (Alliance Districts).  Adequate funding should not sunset, nor should it be at the discretion of a single political appointee.

In addition to the expert opinion, legal arguments pertaining to mootness and ripeness, as well as a strong defense of CCJEF’s legitimate standing in the case,the reply brief was offered by counsel for the plaintiffs, Debevoise & Plimpton LLP (New York), with assistance from the Yale Law School Education Adequacy Clinic, both of which serve pro bono in this action.

Constitutional challenges on behalf of schoolchildren’s rights are among the most complex cases any court can hear. They are also among the most challenging cases to be brought or defended against. That said, it is difficult to fault the state for doing what defense lawyers do:  they file motions aimed at making the case go away.

However, the state’s motion to dismiss raises concerns, even incredulity, about any perception that at the 11th hour, Malloy successfully pushed through legislation that negates (or soon will) the decades of harmful neglect and deprivation of resources by the state of its public school system. Could anyone truly imagine that those 2012 reforms, together with whatever initiatives and meager funding may come out of the 2013 legislature, are sufficient for affixing the “Mission Accomplished” banner outside the Capitol complex, proclaiming that the state at long last is meeting its constitutional obligation to schoolchildren?

You can read the original piece at: http://www.ctnewsjunkie.com/archives/entry/op-ed_fighting_children_in_the_courtroom/

Connecticut’s historic school funding trial finally begins this week

As Connecticut education advocate and columnist, Wendy Lecker, reports in her latest commentary piece in the Stamford Advocate, Connecticut’s children finally get day in court.

Of the many disappointments that have arisen since Governor Dannel Malloy and Lt. Governor Nancy Wyman were sworn in to office in January 2011, few, if any, is greater than their immoral efforts to dismiss, derail and delay what may be the most important Connecticut court case in our lifetime – the Connecticut Coalition for Justice in Education Funding (“CCJEF”) v. Rell School Funding Lawsuit.

The truth is that Connecticut’s school funding formula is not only illegal, it is unconstitutional. 

Inadequate funding is robbing Connecticut’s public schoolchildren of their constitutional right to a quality education, while placing an unfair burden on Connecticut’s local property taxpayers.

A new funding formula is needed.  But Connecticut politicians lack the will to adopt one, so the responsibility to act has fallen on the courts.

Despite having been supporters of the lawsuits prior to taking office, Malloy, Wyman and Connecticut Attorney General George Jepsen have wasted five years and massive amounts of taxpayer funds trying to stop Connecticut’s judicial branch from even hearing the critically important court case.

As mayor of Stamford, Dan Malloy was actually one of the original sponsors and plaintiffs of the CCJEF V. Rell School Funding lawsuit.

Running for office in 2010, Dan Malloy bragged about his role in pushing the CCJEF lawsuit, telling the Hartford Courant on March 23, 2010;

“I think in the long run it is very important to the state of Connecticut,” said Malloy, who was among the group that launched the coalition that brought the lawsuit. “I began these efforts years ago because I firmly believed that the state was not honoring its constitutional requirement and the funding formula for education in poor and urban communities was not fair to those communities.”

Nancy Wyman and George Jepsen were also strong advocates for addressing Connecticut’s unconstitutional school funding system.

And then, when they were finally in a position to make a real difference, these three “leaders” turned their backs on Connecticut’s students, parents, teachers, schools and taxpayers.

While the Malloy, Wyman and Jepsen were able to delay the day of reckoning, the Connecticut Coalition for Justice in Education Funding (“CCJEF”) v. Rell school funding lawsuit is finally set to begin on January 12, 2016 in a Hartford courtroom.

Wendy Lecker explains;

On Jan. 12, Connecticut’s school funding trial, Connecticut Coalition for Justice in Education Funding (“CCJEF”) v. Rell, will finally begin. The plaintiffs include a statewide coalition of parents, municipalities, local boards of education, and organizations, and individual parents in districts across the state. They began the case in 2005. Since then, the state has waged a costly, failed crusade to keep the plaintiffs from having their day in court.

The plaintiffs claim that the state’s flawed school funding system provides inadequate resources to schools, thereby depriving Connecticut’s public school children of their rights under the Education Article of Connecticut’s constitution.

Under Connecticut’s Constitution, the state is responsible for providing children with a “suitable” public education. In 2010, when Connecticut’s Supreme Court denied the state’s first attempt to dismiss the case, it defined a “suitable” education as one that enables graduates to participate in democratic institutions, attain productive employment, or progress to higher education. The court ruled that the state must provide sufficient resources to enable students to obtain this level of education.

The CCJEF plaintiffs contend that for children to have a constitutionally “suitable” education, schools must have certain essential resources:

  • high quality preschool;
  • appropriate class size;
  • programs and services for at-risk students;
  • high quality administrators and teachers;
  • modern and adequate library facilities;
  • modern technology and appropriate instruction;
  • an adequate number of hours of instruction;
  • a rigorous curriculum with a wide breadth of courses;
  • modern and appropriate textbooks;
  • a healthy, safe, well-maintained school environment conducive to learning;
  • adequate special needs services;
  • appropriate career and academic counseling; and
  • suitably run extra-curricular activities

This list of essential resources is consistent with what courts across the nation deem necessary for a constitutionally adequate education.

In the state’s last attempt to dismiss the case, in 2013, Gov. Dannel P. Malloy’s administration claimed that its 2012 reforms, including yearly common core standardized testing of students, evaluating teachers by students’ standardized test scores and a system of ranking, shaming and punishing districts with low test scores, would solve all the state’s education woes.

This failed tactic was attempted by states in other school funding cases, such as Kansas. The Kansas court declared that relying on similar unproven reforms rather than adequate funding was “experimenting with our children (who) have no recourse from a failure of the experiment.”

The CCJEF court ruled that there is no evidence that Malloy’s reforms would redress the constitutional inadequacies and ordered that the state prove it at trial.

The state has known all along that the plaintiffs are right — that schools need the essential resources the CCJEF plaintiffs demand. In 2005, Connecticut’s top education official, Commissioner Betty Sternberg, wrote to then-Education Secretary Margaret Spellings and told her so.

In the letter, Commissioner Sternberg requested permission to continue testing children only in grades 4,6, 8 and 10. She stated that adding standardized tests in the other grades “will cost millions of dollars and will tell us nothing that we do not already know about our students’ achievement and what we must do to improve it.”

Sternberg maintained that high-needs schools needed support to improve and set forth proven strategies to improve education, including:

  • High quality preschool;
  • School based health centers/family resource centers;
  • Small class size;
  • Adequate support staff, such as nurses, social workers, psychologists, reading specialists and guidance counselors;
  • Incentives to retain experienced teachers;
  • Adequate technology, curriculum, supplies and professional development;
  • Adequate learning time;
  • Adequate space for learning.

In 2005, Connecticut’s top education official enumerated almost the exact same list of resources that the CCJEF plaintiffs seek. Moreover, Commissioner Sternberg maintained that these resources “are not a buffet,” but rather a “full-course meal.” “If we want to see significant improvement in student achievement, all of these areas should move ahead in concert,” she wrote.

Despite this admission by the state that schools need these essential resources, the state did nothing over the past 10 years to try to ensure every Connecticut school be properly equipped. Rather, the state chose to waste millions of taxpayer dollars in a futile attempt to keep the facts about its failure to fund schools from coming out in court. During that time, a generation of Connecticut children passed through the educational system deprived of basic educational resources they needed to succeed in school and life.

The governor, legislature and state education officials knowingly and repeatedly disregarded their duty to our children. One hopes that when the facts finally emerge, the court will grant our children the justice Connecticut politicians consistently denied them.

You can read and comment on Wendy Lecker’s column which first appeared in the Stamford Advocate at: http://www.stamfordadvocate.com/news/article/Wendy-Lecker-Connecticut-s-children-finally-6745644.php

Connecticut’s historic school funding formula trial finally begins next week

As Connecticut education advocate and columnist, Wendy Lecker, reports in her latest commentary piece in the Stamford Advocate, Connecticut’s children finally get day in court.

Of the many disappointments that have arisen since Governor Dannel Malloy and Lt. Governor Nancy Wyman were sworn in to office in January 2011, few, if any, is greater than their immoral efforts to dismiss, derail and delay what may be the most important Connecticut court case in our lifetime – the Connecticut Coalition for Justice in Education Funding (“CCJEF”) v. Rell School Funding Lawsuit.

The truth is that Connecticut’s school funding formula is not only illegal, it is unconstitutional. 

Inadequate funding is robbing Connecticut’s public schoolchildren of their constitutional right to a quality education, while placing an unfair burden on Connecticut’s local property taxpayers.

A new funding formula is needed.  But Connecticut politicians lack the will to adopt one, so the responsibility to act has fallen on the courts.

Despite having been supporters of the lawsuits prior to taking office, Malloy, Wyman and Connecticut Attorney General George Jepsen have wasted five years and massive amounts of taxpayer funds trying to stop Connecticut’s judicial branch from even hearing the critically important court case.

As mayor of Stamford, Dan Malloy was actually one of the original sponsors and plaintiffs of the CCJEF V. Rell School Funding lawsuit.

Running for office in 2010, Dan Malloy bragged about his role in pushing the CCJEF lawsuit, telling the Hartford Courant on March 23, 2010;

“I think in the long run it is very important to the state of Connecticut,” said Malloy, who was among the group that launched the coalition that brought the lawsuit. “I began these efforts years ago because I firmly believed that the state was not honoring its constitutional requirement and the funding formula for education in poor and urban communities was not fair to those communities.”

Nancy Wyman and George Jepsen were also strong advocates for addressing Connecticut’s unconstitutional school funding system.

And then, when they were finally in a position to make a real difference, these three “leaders” turned their backs on Connecticut’s students, parents, teachers, schools and taxpayers.

While the Malloy, Wyman and Jepsen were able to delay the day of reckoning, the Connecticut Coalition for Justice in Education Funding (“CCJEF”) v. Rell school funding lawsuit is finally set to begin on January 12, 2016 in a Hartford courtroom.

Wendy Lecker explains;

On Jan. 12, Connecticut’s school funding trial, Connecticut Coalition for Justice in Education Funding (“CCJEF”) v. Rell, will finally begin. The plaintiffs include a statewide coalition of parents, municipalities, local boards of education, and organizations, and individual parents in districts across the state. They began the case in 2005. Since then, the state has waged a costly, failed crusade to keep the plaintiffs from having their day in court.

The plaintiffs claim that the state’s flawed school funding system provides inadequate resources to schools, thereby depriving Connecticut’s public school children of their rights under the Education Article of Connecticut’s constitution.

Under Connecticut’s Constitution, the state is responsible for providing children with a “suitable” public education. In 2010, when Connecticut’s Supreme Court denied the state’s first attempt to dismiss the case, it defined a “suitable” education as one that enables graduates to participate in democratic institutions, attain productive employment, or progress to higher education. The court ruled that the state must provide sufficient resources to enable students to obtain this level of education.

The CCJEF plaintiffs contend that for children to have a constitutionally “suitable” education, schools must have certain essential resources:

  • high quality preschool;
  • appropriate class size;
  • programs and services for at-risk students;
  • high quality administrators and teachers;
  • modern and adequate library facilities;
  • modern technology and appropriate instruction;
  • an adequate number of hours of instruction;
  • a rigorous curriculum with a wide breadth of courses;
  • modern and appropriate textbooks;
  • a healthy, safe, well-maintained school environment conducive to learning;
  • adequate special needs services;
  • appropriate career and academic counseling; and
  • suitably run extra-curricular activities

This list of essential resources is consistent with what courts across the nation deem necessary for a constitutionally adequate education.

In the state’s last attempt to dismiss the case, in 2013, Gov. Dannel P. Malloy’s administration claimed that its 2012 reforms, including yearly common core standardized testing of students, evaluating teachers by students’ standardized test scores and a system of ranking, shaming and punishing districts with low test scores, would solve all the state’s education woes.

This failed tactic was attempted by states in other school funding cases, such as Kansas. The Kansas court declared that relying on similar unproven reforms rather than adequate funding was “experimenting with our children (who) have no recourse from a failure of the experiment.”

The CCJEF court ruled that there is no evidence that Malloy’s reforms would redress the constitutional inadequacies and ordered that the state prove it at trial.

The state has known all along that the plaintiffs are right — that schools need the essential resources the CCJEF plaintiffs demand. In 2005, Connecticut’s top education official, Commissioner Betty Sternberg, wrote to then-Education Secretary Margaret Spellings and told her so.

In the letter, Commissioner Sternberg requested permission to continue testing children only in grades 4,6, 8 and 10. She stated that adding standardized tests in the other grades “will cost millions of dollars and will tell us nothing that we do not already know about our students’ achievement and what we must do to improve it.”

Sternberg maintained that high-needs schools needed support to improve and set forth proven strategies to improve education, including:

  • High quality preschool;
  • School based health centers/family resource centers;
  • Small class size;
  • Adequate support staff, such as nurses, social workers, psychologists, reading specialists and guidance counselors;
  • Incentives to retain experienced teachers;
  • Adequate technology, curriculum, supplies and professional development;
  • Adequate learning time;
  • Adequate space for learning.

In 2005, Connecticut’s top education official enumerated almost the exact same list of resources that the CCJEF plaintiffs seek. Moreover, Commissioner Sternberg maintained that these resources “are not a buffet,” but rather a “full-course meal.” “If we want to see significant improvement in student achievement, all of these areas should move ahead in concert,” she wrote.

Despite this admission by the state that schools need these essential resources, the state did nothing over the past 10 years to try to ensure every Connecticut school be properly equipped. Rather, the state chose to waste millions of taxpayer dollars in a futile attempt to keep the facts about its failure to fund schools from coming out in court. During that time, a generation of Connecticut children passed through the educational system deprived of basic educational resources they needed to succeed in school and life.

The governor, legislature and state education officials knowingly and repeatedly disregarded their duty to our children. One hopes that when the facts finally emerge, the court will grant our children the justice Connecticut politicians consistently denied them.

You can read and comment on Wendy Lecker’s column which first appeared in the Stamford Advocate at: http://www.stamfordadvocate.com/news/article/Wendy-Lecker-Connecticut-s-children-finally-6745644.php

We lose Dr. Dianne Kaplan deVries, A True Public Education Hero

Dr. Dianne Kaplan deVries, a dear friend and extraordinarily powerful champion for Connecticut’s students, parents, teachers and public schools died on Sunday after a battle with cancer.

Although her legacy is yet to be fully written and those who will benefit the most from her incredible work may never know her name, as the leading force behind the Connecticut Coalition for Justice in Education Funding [CCJEF], Dianne has been and will remain the most vital force behind the historic effort to ensure that Connecticut’s public schools are adequately and fairly funded and that every Connecticut child is provided with the education, knowledge and skills they need to live more fulfilling lives.

J.R.R. Tolkien whose work is categorized as fiction rather than non-fiction, and therefore cast aside by the Common Core and Common Cores testing enthusiasts wisely noted that,

“It is not the strength of the body that counts, but the strength of the spirit” – J.R.R. Tolkien

With that knowledge and in that light there are few who have been as courageous and dedicated as Diane Kaplan deVries and fewer still whose lifetime of work has been as important to the future of our children.

Incredible in life, perhaps the most disturbing truth of all about Diane Kaplan Devries’ work is the uncomfortable fact that so many elected officials, often led by so-called Democrats, immorally and unethically sought to throw up barriers to stop Diane’s critical effort to make sure that Connecticut’s children got the education they needed, while ensuring that Connecticut’s middle income property taxpayers were treated more fairly.

It was a topic that many education advocates including Wendy Lecker and I wrote about often.  To fully understand the meaning of losing Diane Kaplan DeVries and the way in which some worked so hard to undermined her efforts, I respectfully request that you click on the links and read some of the following articles;

Jepsen/Malloy Continue to Squander the Opportunity of a Lifetime; (2/7/2012)

It’s only the most important school funding case in our lives – Malloy supported it/Now he opposes it (by Wendy Lecker) (3/23/13)

The Dan to Dannel transformation on the most important education lawsuit in Connecticut history (4/5/2013)

The CCJEF v. Rell School Funding Case: The incredible transformation of Malloy and Jepsen (9/16/2013)

Malloy can tell it to the judge (By Wendy Lecker) (12/14/2013)

Whatever you do, don’t mention school funding and the school funding lawsuit! (1/15/2014)

NEWS FLASH: Kids win, Malloy/Jepsen lose as judge rules school funding trial to begin this summer (1/16/2014)

As CCJEF (www.ccjef.org) reported in the press released that they issued last Monday night,

For the past 17 years Dianne has been the leading champion in the battle to force long-needed school finance reform here in Connecticut. Here dedication to overturning Connecticut’s unconstitutional school funding formula began with the case of Johnson V. Rowland which lasted from 1998 to 2003.

When that case was dropped, Diane built a much larger statewide coalition that led to the filing of the CCJEF V. Rell lawsuit.  In 2010, the Connecticut Supreme Court ruled that “under the education clause of the state constitution, public school children are entitled not just to a free and equal education but also to an adequate (quality) education, and the state must pay for it.”  Although the court’s determination remains unfulfilled five years later, the finding was the turning point in how Connecticut will fund its schools.

While Stamford Mayor Dan Malloy was one of the original plaintiffs in the case, upon being sworn in as Governor Dannel Malloy, the self-described education proponent completely reversed his position and has spent that last five years wasting precious time and taxpayer funds in his concerted effort o delay, derail and destroy what is probably the most important Connecticut legal case in our lifetimes.

But despite Malloy’s effort and that of his administration and other key Democrats, the CCJEF v. Rell will come to trial in January 2015 in Hartford Superior Court.

In the CCJEF press release, Herbert C. Rosenthal, the CCJEF President said,

 “Dianne Kaplan deVries was a tireless advocate for the rights of all Connecticut public schoolchildren — regardless of economic background, race or town of residence — to receive the quality education our state constitution promises and requires.  The passion, intelligence and commitment that Dianne brought to educational equity and adequacy is unsurpassed.  Our friend and colleague will be sorely missed. In this sad time, all of us in CCJEF rededicate ourselves to ensuring that her dream of equal educational opportunity is realized.”

And CCJEF consultant and fellow education advocate James J. Finley added,

“Dr. Dianne Kaplan deVries will be in the forefront when the history of equal educational opportunity in Connecticut is written.  At great personal sacrifice, Dianne dedicated over 17 years of her life to righting the wrongs of our state’s PK-12 education finance system.  It is because of her singular and indefatigable efforts that the work of CCJEF will continue.”

Additional media reports on losing Diane can be found in the following recent news stories.

CT Newsjunkie – School Funding Advocate Dianne Kaplan deVries Dies of Cancer

Hartford Courant – Education Activists Say Director’s Death Won’t Stop Funding Lawsuit

CT Mirror – Kaplan deVries, leader of school-funding coalition, dies

Update on the most important Connecticut school funding lawsuit in modern times…

Starting this year and next, Connecticut public school teachers will be judged, in no small part, by factors beyond their control such as their student’s standardized test results.  Some will lose their jobs after two years under Governor Malloy’s “education reform” bill. 

But as reported in yesterday’s CT Mirror, “The state’s top attorneys Monday asked a Superior Court judge to dismiss the [CCJEF v. Rell] case and give the education reforms passed by the legislature last year “at least three years” to be implemented.”

Attorney General George Jepsen, with the support of Governor Malloy, moved to destroy the most important school funding case in more than half a century, despite Malloy’s earlier promises to support the case.

And the media coverage of this extraordinary event?

Ah… minimal, at best. As of 7 a.m. on the day after the court hearing:

The Hartford Courant had reported – Nothing.

The CT Mirror has a story entitled, “Malloy’s school reforms may be headed for trial,Ken Dixon, a reporter for the Connecticut Post and Hearst Media wrote, Court hears case for, against dismissal,” and the CT Newsjunkie ran “Education Adequacy Case Headed Back To Courtlast week.

As the CT Mirror reported, “The Connecticut Supreme Court in 2010 ruled that every child is entitled to an “adequate” education, and sent the case back to the lower court to determine if the state is providing that.”

As mayor of Stamford and candidate for governor, Dan Malloy not only supported the case but was listed as a plaintiff with the CCJEF, the organization which brought the suit against Governor Rell as a way to force the state of Connecticut to face its historic underfunding of public schools in Connecticut.

Now with this extraordinarily important trial scheduled to start in July 2014, four months before the next gubernatorial election, Governor Malloy and Attorney General George Jepsen are trying to get the case dismissed by claiming that Malloy’s “education reforms” do away with the need to deal with the fact that Connecticut underfunds its public schools by as much as $2 billion.

As Ken Dixon explains in his Connecticut Post Story,

“The [CCJEF] coalition is suing to get more aid for struggling schools in Connecticut’s cities, and for a new formula of support that takes municipal wealth into account and shifts the burden of public education from local property taxes. The current system, plaintiffs say, penalizes cities such as Bridgeport that have limited taxable real estate in relation to the needs of their schools.”

Dixon adds that “After the hearing, Dianne Kaplan deVries, project director for the Connecticut Coalition for Justice in Education Funding, said that drastically changing the system for local school funding is important.

‘With political will seemingly always lagging, the only way those resources are going to be made available is for this lawsuit to succeed,’ she said.

Thus, ironically, the state seems to not understand that for the state of Connecticut to win — as well as its school children, communities, colleges, and employers — the state needs to lose this case.’”

As noted repeatedly here at Wait, What? for years Malloy claimed to be a strong supporter of the lawsuit but he suddenly switched his position following the last gubernatorial election.

Starting last year, Attorney General George Jepsen began a more aggressive effort to undermine the suit.  With Malloy’s support, Jepsen first moved to try to remove early childhood education from the issues to be covered by the lawsuit and is now he is trying to get the whole case dismissed.

In response to criticisms that Malloy has failed to fulfill his promise on school funding and the CCJEF v. Rell case, his spokesman said, “Through additional funding and reforms in the bill he championed last year, we’re making great strides in improvements to public education.”

Of course, the Malloy administration’s political spin completely overlooks the reality that an extra $50 million a year, funds that are primarily targeted to selected schools, doesn’t begin to resolve the $750 million to $2 billion underfunding problem that leaves Connecticut’s public schools underfunded and disproportionately shifts an unfair burden to local property taxpayers.

You can read more background on the case in the following two Wait, What? blog posts:

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”

The Dan to Dannel transformation on the most important education lawsuit in Connecticut history

Wait, What? readers know about the pending lawsuit known as CCJEF vs. Rell.  It is the case in which Connecticut’s Supreme Court ruled that Connecticut’s children have a constitutionally guaranteed right to a quality education.

They also know that in what can only be described as a truly outrageous move, Governor Dannel Malloy and Attorney General George Jepsen are trying to stop this education lawsuit from being heard and resolved.

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.’”

As a candidate seeking votes, Malloy’s gubernatorial campaign wrote, “Stamford Mayor and Gubernatorial Candidate Dan Malloy joined fellow members of the Connecticut Coalition for Justice in Education Funding [CCJEF] today in filing a lawsuit challenging Connecticut’s existing school funding formula as inadequate. Malloy is a founding member of CCJEF coalition, which commissioned a June 2005 cost study demonstrating that 92 of Connecticut’s 166 school districts fell short of funding levels deemed to be necessary for providing children with an adequate education, as demanded under Federal and State law.”

Malloy’s press release quoted him as saying, “The bottom line is that Connecticut’s Education Cost Sharing [ECS] Formula should be scrapped and rebuilt and the State of Connecticut must finally live up to its obligation and pay its share of our education costs. The existing ECS formula has been deliberately under-funded and arbitrarily capped. This isn’t an urban versus suburban issue or a big government versus small government issue; it’s an issue of fundamental fairness. Every child in Connecticut deserves the opportunity to get an adequate education. Our constitution demands it.”

The lawsuit that candidate Malloy was so strongly supporting is based on the recognition that Connecticut’s school funding system “has resulted in constitutional violations that disproportionately impact African-American, Latino, and other minority students.”

Malloy’s press release specifically highlighted an op-ed that Malloy had published just the week before in the Hartford Courant.  In the commentary piece, Malloy wrote “The Rowland and Rell administrations have very deliberately and systemically under-funded local education in the State budget as a means of shifting costs to local government. Quite frankly, that’s why we have a property tax crisis in this State. While John Rowland bragged about tax cuts, local government picked up the burden — and the result is a combination of inadequate education and skyrocketing property tax.”

Malloy’s Hartford Courant piece went on to say, “Connecticut has a moral obligation to provide every child with an adequate education — regardless of race, income, or geography. We are saying today that Connecticut also has a Constitutional obligation. In the absence of gubernatorial leadership on this issue, the lawsuit filed today calls attention to one of the most significant problems existing in Connecticut today.”

And here we are, eight years later and more than two years into Governor Malloy’s tenure as Connecticut’s Chief Elected Official and not only has Malloy failed to lead the way on this crucial issue, but he is, in fact, leading the charge in exactly the wrong direction.

Instead of working tirelessly to resolve the lawsuit, he is working with Attorney General George Jepsen to try to get the case dismissed.

You can read more about this vital case at Fighting Children in the Courtroom and Malloy reverses earlier commitment to school funding case and here at Wait, What?  in It’s only the most important school funding case in our lives – Malloy supported it/Now he opposes it
You can also read the State’s stunningly obnoxious and insulting motion to dismiss the case at:   http://ccjef.org/wp-content/uploads/States-Memo-of-Law-re-Motion-to-Dismiss-Jan-2013.pdf