Almost sixty years to the day of the U.S. Supreme court’s historic Brown decision, the Rhode Island Supreme Court rejected a lawsuit against the stste’s inequitable funding system. The court said it was “deeply concerned” and acknowledged that the funding disparities hurt poor urban children most, but passed the buck. “Not our problem,” the court said.
Here is a summary from the Education Law Center.
RI SUPREME COURT IS “DEEPLY CONCERNED” BUT DENIES RELIEF TO SCHOOL CHILDREN
May 15, 2014
On May 3, 2014, the Rhode Island Supreme Court dismissed the fair school funding case, Woonsocket v. State. The Court concluded that conditions in the plaintiffs’ schools “make a strong case” against the current funding system. Nonetheless, the justices denied plaintiffs the chance to present their evidence in a trial on the merits of the case.
The Court wrote, “We emphasize that we are deeply concerned by the conditions of the schools in Pawtucket and Woonsocket as alleged by plaintiffs, as well as by the alleged predicaments of those municipalities regarding their inabilities to allocate the funding required to meet state mandates. Installing a means of providing adequate educational opportunities to every child in the state is not only an admirable goal; it is ‘perhaps the most important function of state and local governments.'” (quoting the landmark U.S. Supreme Court decision in Brown v. Board of Education)
In its written opinion, the Court summarized plaintiffs’ allegations, which detail the state’s adoption of higher and higher standards while failing to align funding to those standards. Insufficient resources mean students do not have the opportunity to reach the standards, plaintiffs assert. More recently, the state went so far as to cap local taxing authority so that municipalities attempting to make up for state shortfalls were not allowed to do so, plaintiffs add.
The Court also quoted plaintiffs’ complaint with regard to the most recent funding formula adopted by the state in 2010, noting that the formula “fails to provide adequate resources to allow children, especially in poor, urban communities, to obtain a quality education [and] a reasonable opportunity to meet the [state’s] academic standards.” The Court summarized plaintiffs’ description of the dire state of school facilities, books, and supplies, and the low test scores that flow from the state’s allegedly inadequate funding.
The state defendants filed a motion to dismiss this case, and the Court explained that its decision on the motion depended on interpretation of the Rhode Island Constitution’s Education Clause, which states that:
“The diffusion of knowledge, as well as of virtue among the people, being essential to the preservation of their rights and liberties, it shall be the duty of the general assembly to promote public schools, and to adopt all means which they may deem necessary and proper to secure to the people the advantages and opportunities of education.”
Although earlier precedent held that the Rhode Island General Assembly has exclusive authority over school funding, plaintiffs argued that repeal of a particular clause in the state constitution rendered that precedent irrelevant for the Woonsocket case. Plaintiffs also claimed that changes since the earlier precedent meant the state had replaced local control with state mandates. However, after an analysis of the impact of that repeal and other changes, the Supreme Court ruled that the General Assembly’s broad discretion in how it complies with the Education Clause was not impaired.
The Court indicates that the political branches could solve the problem of school funding without a court order by improving the states’ system. But the justices appear to ignore the General Assembly’s history of allocating inadequate funding for schools in low-wealth communities.
Based on that history and the current ruling, it appears that meaningful relief and educational opportunity will come to the students in under-resourced Rhode Island communities only if and when voters amend and strengthen the state constitution’s education clause. Only then will future plaintiffs with similar claims finally be granted their day in court. Some education advocates are proposing such an amendment.
Education Justice Press Contact:
Molly A. Hunter, Esq.
Director, Education Justice
email: mhunter@edlawcenter.org
voice: 973 624-1815 x19
http://www.edlawcenter.org
http://www.educationjustice.org
As in NY, where a court mandated redistribution order was actually obtained (but not fully implemented), little changes without political changes at the state level. Voters who care about educational equity must realize that it is a political game, our federal constitution provides no safeguards for proper distribution of funds for education, some state constitutions provide some requirements but not enough, so the ball always comes down to political powers that resides in governors and state legislatures. This has to be the focus of educational reformers – gaining back state level politics. Conservatives who have long opposed fair distribution of resources have known this – they did their homework, and now control most state level politics, where all the key educational decision making takes place. We’ve too often assumed that courts of last resort would continue to play a major role in progressive justice – but the conservatives appear to have gained control of many of those arenas.
In Ohio, the funding system was ruled unconstitutional years ago. The legislature simply ignored the court.
According to Governing magazine, RI ranks 9th in per pupil spending.
http://www.governing.com/gov-data/education-data/state-education-spending-per-pupil-data.html
Very unfortunate that it is not more equitably distributed.
Reblogged this on Kmareka.com and commented:
Wow, this story did not make the local newspapers, or if it did, I missed it. This is where we need legal advocacy to “amend and strengthen the state constitution’s education clause.” What kind of a legal advocacy organization would handle something like this?