CT Lawsuit Questions Constitutional Right to Education

"Quality schools exist in our neighborhoods, too, but their doors are open only to just a few lucky few," she said during the conference call. "Enough is enough…We are not buying the excuses any more, whatever they are, for why the students get the golden ticket to success and others get the wait list."

The lawsuit calls into question several Connecticut laws that explicitly restrict or restrain growth of charter and magnet schools. For example, after spending billions building and operating magnet schools across the state in the wake of a state Supreme Court decision orderingConnecticut to desegregate Hartford schools, state lawmakers in 2009 passed a moratorium on spending state money for new magnet schools until the state education commissioner crafts a comprehensive plan for school choice in the state.

That plan has yet to be released, though a spokesman for the department said Wednesday they are aiming to have it ready by Oct. 1.

Also, attorneys representing the state have been adamant recently that it won't fund any new magnet schools in Hartford, and Democratic Gov. Dannel P. Malloy has said he doesn't believe the state has an obligation to open more magnet schools.

Instead, his administration is focusing its energy on improving existing schools.

"With record-high graduation rates, rising test scores in reading and math, more great school options for families than ever before, and greater resources going to public schools that need help the most, Connecticut is delivering more than ever on the promise of a public education for our students. It's a record to be proud of — and a record that we continue to build on each and every day," said Abbe Smith, a spokeswoman for the Connecticut State Department of Education.

Asked last week during a visit to a complex of magnet schools in Hartford whether the state's moratorium should be repealed, the U.S. education secretary said that's for local and state officials to figure out.

"That's really a local decision," Secretary John King Jr. told reporters during an event, calling the state's approach to desegregating schools a national model. "The question about how Connecticut should approach its next steps is really a local question."

Regardless, school choice options for Connecticut students – magnets, charters and other schools of choice – have increased steadily, reports the legislature's non-partisan fiscal office. Ten years ago, nearly 34,000 students were attending non-traditional public schools they had to apply to – one in 17 public school students. Last school year, just over 63,000 students attended schools of choice, or one in eight students.

School lottery results

In Hartford, 59 percent of the 6,158 city students who entered the school-choice lottery for the past school year were offered enrollment in a school other than their neighborhood school. Some 2,559 Hartford residents were put on a wait list – about 12 percent of city students.

Among the 12,919 suburban residents who entered the lottery for the Hartford region, 35 percent were offered a seat in one of the schools they selected. Thousands were put on the wait list. It wasn't immediately clear how many students are on wait lists in Bridgeport.

While the federal plaintiffs point to the wait lists and student test scores as proof that students are trapped in poor schools, Green, the professor from UConn, was skeptical.

"There is no proof that the lack of choices is keeping students from obtaining equal education opportunities under the U.S. Constitution," he said. "You have to show causation. It will be very difficult for them to demonstrate that."

A case can also be made that a constitutional right for parents to shop around for a school would come at the expense of existing schools, since the state has a limited ability to fund and oversee additional school options if they are mandated, Green said.

The state chapter of the American Federation of Teachers, which represents thousands of teachers, was quick to reject the lawsuit, calling unfettered growth of school choice an unproven panacea.

"It does nothing that addresses the actual needs of Connecticut's students," said Jan Hochadel, president of AFT-Connecticut.

A report released by the state last year about whether charter schools provide a superior education provided little clarity on the question.

Meanwhile, a trial just wrapped up in state court in Hartford in a lawsuit accusing the state of underfunding low-performing neighborhood schools and asking the court to set a standard for educational quality required under the state constitution.

"Our lawsuit contends that the current K-12 public education finance system fails to meet state constitutional standards," said Jim Finley, the principal consultant for the coalition of parents, mayors, school boards and teachers' unions suing the state. "The system is unconstitutional because it does not provide an opportunity for all our students, particularly our poor and minority students, to graduate high school ready to join the workforce, ready to seek higher education, and ready to be an active participant in civic life."

If you have a child with a disability and have questions about special education law, please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.

Source- http://ctmirror.org/2016/08/24/ct-to-be-a-test-case-for-education-rights-under-u-s-constitution/