Connecticut Supreme Court in Hartford

The Connecticut Supreme Court has found families in an education funding lawsuit failed to show disparities in the classroom are tied to unequal state funding.

Wednesday's decision reversed a Hartford Superior Court ruling that the state had violated Articles 8, 1 and 20 of the state constitution by allegedly failing to provide minimally adequate and substantially equal opportunity to all students. The court remanded the case to Hartford Superior Court with direction to render judgment for the state.

The original lawsuit was filed in 2005 against the state by more than 50 parents and students.

While Chief Justice Chase Rogers, who wrote the majority opinion, said the court sympathized with the plight of students in rural communities, she also noted that the plaintiffs in Connecticut Coalition for Justice in Education Funding v. Rell, did not make their case.

“Although the plaintiffs have convincingly demonstrated that in this state there is a gap in educational achievement between the poorest and neediest students and their more fortunate peers, disparities in educational achievement, standing alone, do not constitute proof that our state constitution's equal protection provisions have been violated,” Rogers wrote. “The plaintiffs have not shown that this gap is the result of the state's unlawful discrimination against poor and needy students in its provision of educational resources as opposed to the complex web of disadvantaging societal conditions over which the schools have no control. Indeed, the trial court found that the state is providing significantly more educational resources to schools with large numbers of poor and needy students than to other schools.”

Rogers said it's up to the Legislature, not the courts, to create educational policy.

Rogers also noted that the trial court properly found the plaintiffs failed to establish that the state violated the equal protection provisions of the state constitution.

Justice Richard Palmer, who wrote the concurrence and dissent along with Justices Richard Robinson and Michael Sheldon, said he believed the families “were not afforded the opportunity to prove their case according to the correct legal standard. … I dissent from that portion of the majority opinion that directs judgment for the defendants. Instead, I would remand the case for a new trial.”

Joseph Moodhe, an attorney with Debevoise & Plimpton in New York City, was lead counsel for the plaintiffs. Moodhe did not respond to a request for comment Wednesday. Other attorneys on the case referred questions to Moodhe.

Attorney General George Jepsen applauded the ruling.

“I am grateful to the Supreme Court for its careful and thoughtful consideration of this important case,” Jepsen said in a statement. “We argued in this appeal that the trial court exceeded its authority and that, therefore, the decision should be overturned. The court correctly determined that Connecticut's public education system and its public education funding do not violate constitutional standards and that—absent such a constitutional deficiency—education policy decisions rest with the representative branches of government.”

Nicholas Mercier, vice chairman of the New Britain Board of Education, said he believes there's a disparity between urban centers such as New Britain and their suburban counterparts.

“It's a shame this has been dragging out for so long,” Mercier said. “The state clearly needs to do more to fund our poorest school districts, including New Britain. The evidence of that is not only in the state testing, but the fact that they [the Legislature] do not even follow their legislative formula in determining need.”