Plaintiff
Victory in Massachusetts: Court Addresses Cost Studies, Preschool and Accountability
Based on the evidence presented at a six-month trial, Massachusetts Superior Court
Judge Margot Botsford ruled, on April 26, 2004, that Massachusetts
is not meeting its constitutional obligation to provide children in poor school
districts with an education that equips them for citizenship and post-high school
training. Michael D. Weisman, lead attorney for plaintiffs and the Council
for Fair School Finance, which mounted the litigation effort, declared the
court's decision a "spectacular victory for the nearly one million children who
attend public schools in Massachusetts." In her decision, the judge acknowledges
Massachusetts' dramatic progress in school funding equity and student achievement
since enactment of the Education Reform Act in 1993. Unfortunately, the judge
notes, schools educating low-income students continue to experience funding inadequacies,
and recent cuts in state support have further reduced their ability to provide
educational opportunity. Background This school funding "adequacy"
case, Hancock v. Driscoll, was remanded to the Superior Court for trial
by a justice of the Massachusetts Supreme Judicial Court (SJC), which will now
receive the findings and recommendations of the Superior Court and consider briefs
and oral argument by the parties before issuing its final decision and remedy
order (if any) to the Commonwealth. The Remedy Noting that
over the past 20 years courts in many states have struggled with the question
of remedy in these cases, Judge Botsford recommends that the SJC model its remedy
order on the remedy order of the New York Court of Appeals in its 2003 CFE
v. State decision and direct the Commonwealth to: (1)
Ascertain the actual cost of providing the level of education . . . that permits
all children in the districts' public schools the opportunity to acquire the capabilities
outlined in . . . the Massachusetts curriculum frameworks;
(2) Determine
the costs of an effective accountability system, described as "measures that will
provide meaningful improvement in the capacity of these local districts" to effectively
implement necessary educational programs; and
(3) Implement the funding
and other changes that result from the determinations made in (1) and (2).
Court
Advances Nationwide Dialogue on Accountability, Cost Studies, and Standards-based
Reform In a 358-page decision, the court provides insightful interpretation
of accountability and keen analysis of cost
studies, along with discussion of the need to implement the full array of
academic standards rather than a narrower curriculum focused on math and English
only. With potential for nationwide impact, the court elucidates a broad understanding
of "accountability" that includes building the capacity of local, community schools
to effectively implement educational programs and calls for a decided step up
in the quality of cost studies. Cost Studies The Hancock
court critiques three cost studies performed by nationally recognized school finance
experts that were presented at trial. None of the studies–one
using the successful school districts methodology
and two using "professional judgment"–fared well under the criticism of opposing
witnesses and the scrutiny of the court. This decision raises the bar on judicial
analysis of future cost studies, which will need to avoid the shortcomings discussed
by the court. Standards-based Reform Pre-trial legal proceedings
in Hancock led to the determination that the court would rely on the state's
own academic standards to judge the constitutionality of the education being provided
to the plaintiff students. While this continues a trend toward use of state standards
in school funding cases, the Hancock
court drew attention to the need to support education in all the academic areas
covered by the standards–including the arts, health, and languages–not just those
most tested, such as math and English. Accountability The
Hancock court's understanding of accountability as the measures necessary
to improve "educational leadership capacities" moves well beyond the limited test-and-report
approach of many so-called accountability systems. The court found that the Massachusetts
system for evaluating and building where needed school and district "capacity"
to deliver educational opportunity is impeded by the state education department's
own lack of "capacity," such as insufficient staff. Preschool "Only
Realistic Chance" for At-risk Children The court found that "years
of research and national studies show, without dispute" that high quality
preschool programs offer the best and "only realistic chance" for three- and
four-year-old at-risk children to achieve success in school. Although the trial
evidence revealed good preschool programs in the districts, the court said, it
also showed that none of the districts has the resources to reach all of the children
who need to attend. Other The court also emphasized the importance
of quality teaching, professional development for all teachers of students with
disabilities, and adequate facilities. For brief summaries of day-to-day
testimony at the Hancock trial, see the Council
for Fair School Finance. Prepared by Molly A. Hunter, April
28, 2004
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