State Appeals Court Decision On Education Funding Gap, Malloy: Does Not Negate Urgency To Act

News release from Connecticut Attorney General George Jepsen:

Attorney General George Jepsen today issued the following statement to announce that the state will seek a direct appeal to the Connecticut Supreme Court of the ruling issued by the Superior Court last week in the case of Connecticut Coalition for Justice in Education Funding v. Rell:

“Under our system of government, state education policy is determined by the Legislative and Executive Branches and implemented under a strong tradition of local control by municipal school boards and, ultimately, teachers. This decision would wrest educational policy from the representative branches of state government, limit public education for some students with special needs, create additional municipal mandates concerning graduation and other standards, and alter the basic terms of educators’ employment–and entrust all of those matters to the discretion of a single, unelected judge.

“For the public and legislators to trust the legitimacy of such a dramatically new system and the policies it produces, they must know that the ruling mandating it is legally correct. There are strong arguments that the trial court exceeded its authority and the standards articulated by the Connecticut Supreme Court, and so today we are asking that court to review this ruling.

“Despite its order, the trial court correctly determined that the state far exceeds its minimum constitutional obligations for providing equitable access to adequate education. Nevertheless, the ruling identified profound educational challenges that remain and must continue to receive serious and sustained attention–and action–at every level of government. Nothing about this appeal prevents policymakers from immediately addressing those challenges, and I urge them to do so without delay.”

Please click here to view a copy of the state’s petition to the Supreme Court.

Response from Governor Malloy:

“We understand and accept the Attorney General’s legal rationale for pursuing this course of action. The Attorney General’s decision to appeal does not negate the urgency to take action for students. It would be prudent to address the systemic problems in our educational system, particularly fair funding, in a serious manner once and for all in the 2017 legislative session. Legislative action is always preferable to a judicial decision.

“Let us take this opportunity to act on behalf of all of our students. We know that we do not need to wait for the legal outcome to start improving outcomes for our students. We’ve begun to make progress by investing hundreds of millions of dollars in education directed at the students who need it most. These investments are already paying off with students across the board showing progress in math and reading on state tests, but we know there is more work to do.

“We hope that this moment marks the start, rather than the stalling, of a statewide dialogue around finding a better way to fund our schools, which ultimately results in a better solution for our students and communities. We should act together, and we should do it sooner rather than later.”