The Aftermath Of The CCJEF Ruling: What Is Next For Public Education In Connecticut?

by Pullman & Comley - School Law

Pullman & Comley - School Law

On September 7, 2016, Superior Court Judge Thomas G. Moukawsher issued a lengthy decision in Connecticut Coalition for Justice in Education Funding v. Rell.  As its name would suggest, this case involved a challenge to inequities in educational funding in the State of Connecticut. But the court’s ruling has led to far broader consequences (and uncertainty) for almost all aspects of education in the state.

The case: The Connecticut Coalition for Justice in Education Funding, Inc. [“CCJEF”] alleged that the State’s present system of funding public education deprives students of their right to receive “suitable and substantially equal educational opportunities” and therefore is in violation of the Connecticut Constitution, which establishes a right to public education and a right to equal protection of the laws.  The plaintiffs alleged that: (1) the State’s failure to provide such suitable educational opportunity has been caused by the lack of resources for students, (2) this failure has been evidenced by lower achievement scores on many educational tests, proportionately affecting minority students, and (3) the unsuitability of this education has been caused by a flawed educational funding system.

The decision: The court addressed the funding issue by determining that while the aggregate amount of money spent by the State met constitutional requirements, the actual funding system was “irrational” and thus unconstitutional.  The judge ordered the State to draft for the court’s review by March 7, 2017 a new state educational spending plan and funding formula that “rationally, substantially, and verifiably connects education spending with educational need.”  The judge appeared to be most critical of 1) the State’s increasing deviation from the ECS grant formula, resulting in increased funding for wealthier towns and reductions in funding for poorer towns and cities, especially in light of the often dire situations faced by poorer urban school districts and the much-discussed achievement gap between rich and poor in Connecticut, and 2) the State’s school construction spending, which he characterized as allotting substantial amounts of monies for building projects without (in the judge’s words) “following any rational criteria for what should be built or renovated and what shouldn’t” or “consideration of relative needs across the state,” thus draining money that be used for other educational needs.

But there’s more: The judge, however, did not stop at the funding issues that appeared to be at the center of the CCJEF litigation.  Judge Moukawsher reviewed not only the State’s school funding system but also the “major policies” carrying these resources into action.  Finding many of these policies to be unconstitutional, the judge ordered the State – by March 7, 2017 – to undertake the following additional actions:

  1. The State must submit an objective and mandatory statewide high school graduation standard. The judge appeared both to find that a high school diploma is often meaningless, and to favor enactment of some form of statewide test for graduation.

  2. The State must submit a “rational, substantial, and verifiable definition of elementary education.” The judge noted that a “lost child” is “hard to recover” after third grade.

  3. The State must submit plans for a “rational” system for evaluating and compensating educational professionals, including proposals for hiring, evaluating, promoting, removing and paying educational professionals (teachers, principals and superintendents), with implementation schedules. The judge seemed deeply troubled by the fact that 98% of teachers statewide had been evaluated as being “proficient” or “exemplary” under the new teacher evaluation guidelines; the judge attacked what he perceived to be a lack of rigor in the guidelines and a lack of a “rational, substantial and verifiable link” between evaluations and student learning, noting that these “empty evaluation guidelines mean that good teachers can’t be recognized and bad teachers reformed or removed.”  The judge noted that a teacher compensation system solely based upon years of experience and degree status is “irrational.”

  4. The State must submit new standards which “rationally, substantially, and verifiably link special education spending with elementary and secondary education,” and which will address “funding, identification and educational services standards for special education.” The judge appeared to indicate that too much money is spent on students who have multiple disabilities and who (in his opinion) are incapable of benefiting from education at all, and chastised school districts for giving in to parent demands to provide unnecessary and costly educational services rather than making “judgment calls.” The judge also was troubled by “markedly different rates of disability identification using the same state definitions and classification criteria.”

Finally, the judge also appeared to order the State “to assume unconditional authority to intervene in troubled school districts” and “redefine the relationship between the state and local government in education.”

So what does this all mean?  This post cannot do justice to the significant issues raised by this decision (should it not be appealed and should it ever be implemented).  That a judge has now ordered the legislature to address the State’s educational funding system as a result of this case may not be a surprise; the changes the judge has ordered (without any corresponding increase in the aggregate amount of spending) may lead to numerous school districts receiving significantly less state funding, some of which may not be “rich” districts.  Equally as important, the judge has mandated a veritable revolution in almost every aspect of public education, which could eviscerate many state laws and result in both intended and unintended consequences.

The orders with respect to the teacher evaluation and compensation system would lead to massive changes in the collective bargaining and teacher tenure systems. Interestingly, school districts now in the midst of negotiating teacher contracts are in the position of having to address teacher salary schedule compensation systems that have in effect been declared to be unconstitutional.  In special education, school districts may eventually be placed in the position of receiving less state funding for expensive out-of-district placements, but still facing the prospect that in the course of interpreting and applying federal and state special education laws, special education due process hearing officers will continue to order such placements.  Given that, will the judge’s decision be an impetus to change the burden of proof in special education due process hearings so as to place it on the parent challenging the appropriateness of an educational program or placement?

Finally, the judge’s ruling appeared to place a higher premium on high stakes testing at a time that there is a backlash against such testing, and also opened the door to the State further intervening in (if not “taking over”) troubled school districts.

No one can credibly claim to know how this process will exactly end up; interested stakeholders must now pay closer attention to the legislative process (which is currently on hiatus during the election cycle), should there be no appeal of the decision. Stay tuned, as we will further discuss the ramifications of this decision in these pages.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Pullman & Comley - School Law | Attorney Advertising

Written by:

Pullman & Comley - School Law

Pullman & Comley - School Law on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
Privacy Policy (Updated: October 8, 2015):

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.


JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at:

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.