Wendy Lecker, civil rights attorney, explains here how disappointing the recent Connecticut funding decision is.

“As noted in my previous column, CCJEF trial judge Thomas Moukawsher refused to order the state to ensure adequate resources in schools, though determining constitutional adequacy was his responsibility. By contrast, the judge freely issued sweeping directives regarding educational policy.

“The judge issued far-reaching orders involving elementary and high school education and teacher evaluations. He also aired abhorrent views toward children with disabilities, which several commentators already addressed.

“This column addresses his orders regarding elementary education. I will address the others in subsequent columns.
Moukawsher observed that the educational disparities in secondary school begin in elementary school. (He actually acknowledged that they begin before elementary school, but declined to rule that preschool is essential.)

Moukawsher’s “fix” for elementary school was to order the state to define elementary education as being “primarily related to developing basic literacy and numeracy skills needed for secondary school.”

“Most of us understand that to thrive in secondary school, children must develop skills beyond basic numeracy and literacy. From an early age, children must develop the ability to think critically, creatively and independently.
There is no real division among brain functions — cognitive, social and motor — so they all must be developed in concert. As neuroscientist Adele Diamond observed, “a human being is not just an intellect or just a body … we ignore any of those dimensions at our peril in … educating children.”

“However, Moukawsher ruled that elementary school should concern itself with basic literacy and numeracy skills. Moreover, he demanded that this definition have “force,” “substantial consequences” and be “verifiable” — code for high-stakes statewide standardized elementary school exit exams.

“The judge’s myopic focus was emphasized by his suggestion for giving the required definition “force.” He declared that the state definition “might gain some heft, for example, if the rest of school stopped for students who leave third grade without basic literacy skills. School for them might be focused solely on acquiring those skills. Eighth-grade testing would have to show they have acquired those skills before they move on to secondary school. This would give the schools four school years to fix the problem for most children.”

Many children who do not score well on standardized tests are poor and experience stress in their lives that inhibits learning. Others are just learning English. Others have disabilities. Any lag in reading does not mean a child cannot think at grade level or beyond. Moreover, many low-income children have limited exposure to the wide variety of experiences their more affluent peers enjoy. Yet Moukawsher’s prescription for “fixing” them is to limit their education to reading instruction. No art, music, physical education, social studies, science, drama, or field trips. This “solution” will leave our neediest children further behind developmentally.

Moukawsher’s proposal not only threatens to hinder development for our neediest children. It is not even an effective way to teach reading.”

Read the rest of her analysis. This is the same decision that the New York Times treated as historic. Apparently, no one at the Times actually read the decision.