Archives for category: Funding

Eric Shininger is a principal in New Jersey. He comes from a family of educators. He is appalled by Governor Chris Christie’s continual attacks on educators who have dedicated their lives to children. He explains he essentials of Christie’s agenda to destroy public education in the Garden State.

He writes:

“Let’s look at some of the ridiculous decisions Governor Christie has made to derail a great education system:

“Reduced state funding for schools over the years to pay for tax cuts for his rich friends. His latest wisdom is articulated in this article: Chris Christie’s Education Plan Is Shocking: He Wants to Give to the Rich and Take From the Poor.

“Eliminated cost of living adjustments (COLA) for all retired educators who gave their all for kids

“Vetoed a mandatory school recess bill, even though research had shown how important it is to student learning.

“Pushed forward a few unfunded mandates (Common Core, PARCC) that have taken away precious funds from improving what really matters. Schools had to front the money for quality professional development, curriculum revision, and technology to support these mandates. Years later many states have backed away from PARCC. The once strong 26-member consortium has now dwindled to 7. For all the hoopla, PARCC has told us nothing we didn’t already know from previous assessments. To make matters worse, NJ has been the only state to make this a graduation requirement in the near future.

“Imposed superintendent caps to drive out some of our best leaders. Many states have welcomed them with open arms and pocket books as good leaders are often worth every penny

“Followed through with a value-added system for evaluating educators, which by the way has no supporting research. He doubled down on this recently by increasing Student Growth Percentile (SGP) scores to 30% of an educator’s overall evaluation. This latest change was pushed out on Wednesday, August 31, just days before schools welcomed back students. On Monday, a few days later, Education Commissioner David Hespe resigned. A bit shady, huh? In all, the new regulations completely give up on quality teaching and simply shoot for compliance. This was most likely done because people were overburdened with paperwork, but no consideration was given as to the effect of the regulations. The entire SGP issue is a nightmare as in some cases they rely on arbitrary numbers

“Refused to fully fund the public pension system that he committed to in 2012 while pushing all the blame for the state’s economic woes on teachers, policemen, firemen, and other public sectors committed to the well being of all.”

Christie leaves the education system of his state worse than he found it. His bullying of educators is inexplicable.

Robert Jackson is a great champion for public schools. He is running for State Senate in District 13 in New York City. In this post, parent activist Tory Frye explains why you should help him, work for him, and vote for him. Tory Frye is long-time public school parent activist in Upper Manhattan who served as an elected parent member of Community Education Council in District 6 and two School Leadership Teams. Robert Jackson is running for the Democratic nomination this tomorrow, September 13, in NY Senate District 31, which includes parts of the Upper West Side, Harlem, Inwood and Washington Heights. The New York Daily News reported just today that one of his opponents in the Democratic primary has received more than $100,000 from hedge fund managers who are Republicans and who support more charters. Isn’t it amazing that som many wealthy people, who don’t send their children to public schools, are so deeply committed to privatizing the public schools?

Tory Frye writes:


For weeks I have been getting glossy brochures from Micah Lasher who us running for NY State Senate. These tout his devotion to public education, in particular his aversion to high stakes standardized testing and his desire to direct money owed by New York State to NYC public school students.

Here’s the thing; actually it’s two things.

First, the whole reason the state owes NYC public school students money is because his opponent in this senate race, ROBERT JACKSON, led the lawsuit in the 1990s (!!!) that established that the state was denying our kids the money they needed to get a decent public education. The settlement of the Campaign for Fiscal Equity established that the state owed our children billions; in fact, New York state STILL owes city students 2.2 (maybe 3) BILLION dollars! And it is all because Robert Jackson sued the State back then.

Second, Micah Lasher built his career promoting policies that totally UNDERMINE public education in NYC! He was the chief lobbyist for Joel Klein at the NYC Department of Education and then for Mayor Bloomberg when their approach to improving education included: 1) closing schools (labeling them and their students “failures”); 2) using standardized tests to hold children back and evaluate/fire teachers (despite ZERO evidence of efficacy); 3) cutting school budgets and threatening teacher lay-offs; 4) co-locating charter schools with public schools (using a flawed formula for space allocation that had students getting services in closets and hallways) and 5) pushing for a version of mayoral control over our schools that vested all power in one man, Mayor Bloomberg, and none for parents or community members

Lasher then went on to lead StudentsFirstNY, the state affiliate of a national organization (started by none other than Michelle Rhee) that sought to increase the numbers of charter schools, demand space in already crowded public schools, evaluate teachers, students and schools primarily by means of standardized test scores and all sort of corporate education “reforms” that act only to undermine actual public schools and open the “industry” to privatization.

And Lasher has left ALL of this off his campaign literature. Indeed, he has scrubbed any mention of his year running StudentsFirstNY as its first executive director from his biography in LinkedIn.

And what was Robert Jackson doing during these five years? What was he speaking out for ALL that time? Well, I went through my District 6 public school records and my Facebook feed and can attest to the fact that Robert Jackson stood by and actively advocated on behalf of Washington Heights and Inwood public schools – but more importantly for all NYC public school students and families; for example:

• June 2011: fighting against Mayor Bloomberg’s threatened school-based budget cuts and teacher lay-offs.

• June 2012: addressing and trying to limit the damage done by high-stakes standardized testing

• October 2012: fighting Bloomberg’s plan to close PS 132, the Juan Pablo Duarte school in District 6.

• May 2013: advocating for protections of student data, including private health and disability information, that would have been sold and monetized via inBloom.

• June 2013: questioning why the Bloomberg administration was pushing to remove school attendance zones in District 6, a nearly 100 block district, making it likely that many parents would no longer have a neighborhood public school within walking distance that their children had a right to attend;

• May 2014: demanding that the Mother Cabrini Educational Complex be rented to house Mott Hall, the ONLY middle school for gifted students in District 6 currently occupying a dilapidated and antiquated building.

• June 2014: demanding that the DOE remove trailers from PS 48 in District 6.

• October 2014: educating parents about their children’s constitutional rights to a sound, basic education including equitable funding and smaller classes.

In short, Robert Jackson has been a strong and consistent advocate for fighting with parents so that our public schools will be preserved and strengthened, while Lasher has advocated for closing them and turning them into corporate-led charters.

There is another candidate in the race, Marisol Alcantara, who also supports the expansion of charter schools and whose campaign has been funded almost exclusively from the IDC, the renegade breakaway group of Democratic Senators who consistently vote with the Republicans, allowing them to keep control of the State Senate. The Republicans running the State Senate (whose campaigns are ironically now being funded by the hedge-fund billionaires behind StudentsFirstNY) have consistently voted against fairly funding NYC public schools and voted for encouraging unlimited charter school expansion, which are already draining more than a billion dollars from the DOE budget and taking previous space from our overcrowded public schools.

The choice is clear: if you care about our public schools and our children’s right to a quality education, you must support Robert Jackson in Tuesday’s primaries.

–Tory Frye is long-time public school parent activist in in Upper Manhattan who served as an elected parent member of Community Education Council Six and two School Leadership Teams in District Six. Robert Jackson is running for the Democratic nomination this Tuesday, September 13 in NY Senate District 31, which includes parts of the Upper West Side, Harlem, Inwood and Washington Heights.

The AFT analyzed Trump’s education plan, the centerpiece of which is a block grant to the states of $20 billion. This is not new spending. This is a redirection of existing federal funding. As you might expect, it is a sham meant to privatize public schools, with no controls or accountability.

Randi Weingarten released this statement:

Want to know what Donald Trump’s plan to take away $20 billion meant for public school children really means? Since he didn’t do his homework, we did it for him. Trump’s $20 billion cut could:

Strip funding from up to 56,000 public schools—putting at risk the educations of nearly 21 million children;

End Title I funding—the most important funding source for high-poverty schools—and cut $5 billion used for other crucial resources, potentially hurting more than 8 million higher education students who rely on Pell Grants, 5 million English language learners in public schools, and millions of others;

Take away $12.7 billion that 5 million students with disabilities count on to fund their educations; and

Eliminate as many as 300,000 teacher jobs—leaving millions of students in larger classes with less support.

And what would he fund with all these budget cuts? Vouchers for 1.4 million or fewer students—up to the states’ discretion, because Trump would hand the money over as a block grant—leaving at the very least 10.5 million other low-income students in the cold, depriving them of vital services they need.

Trump’s plan would gut nearly 30 percent of the federal education budget and turn it into private school vouchers. News flash, Mr. Trump: There’s been a lot of research on this.

Private school voucher programs don’t work—not for the students who get them, and not for the students in public schools whose schools have been drained of funds. Private schools do not enforce all federal civil rights laws, do not adhere to religious freedom protections provided under the U.S. Constitution, and do not face the same public accountability standards that all public schools must meet, including those in Title IX, the Individuals with Disabilities Education Act and the Elementary and Secondary Education Act—the very law that Congress just reauthorized in 2016.

Trump has no research or evidence to back up his ideas—just his ideology and zeal to destabilize public schools.

Help us push back against Donald Trump and his flawed ideology by becoming an AFT rapid responder today.

Trump’s speech on education this week repeats the same message the anti-public education zealots have been shilling for years. As far as we can tell, Trump never bothered talking to educators to find out what support they need in order to give every kid a great education. His rhetoric today was just one more sound bite from a reality TV star turned presidential nominee.

None of this comes as a surprise: Donald Trump has never shown any inclination to help our schools serve students. In the years I spent working in New York City, I never once saw him at a civic event, never saw him engaged in an effort to lift up public education. Now he wants to hand our public schools over to private businesses so they can make a profit—no surprise, from a man whose idea of education can best be summed up in Trump University, a fraudulent enterprise built to rip off hardworking students. As far as I’m concerned, his ideas on public education don’t earn a passing grade.

Help me send him that message.

In unity,

Randi Weingarten

AFT President

Wendy Lecker, a veteran civil rights attorney, here analyzes the Connecticut funding decision that was lavishly (and erroneously) praised by the New York Times. Lecker explains why in this and forthcoming articles.


On Sept. 7, Judge Thomas Moukawsher issued his post-trial decision in Connecticut’s school funding case, CCJEF v. Rell. His sweeping decision covered funding, which I will address here, and education policy, which I will address in my next column.

On the funding front, the outcome was mixed. While the judge did declare Connecticut’s system of distributing school aid unconstitutional, he found that the state was providing adequate funding. In doing so, he redefined constitutional adequacy and ignored the plaintiffs’ overwhelming evidence of resource deficiencies in the CCJEF districts.

At trial, the CCJEF plaintiffs put forth overwhelming evidence of severe resource deficiencies of inputs such as: academic and social intervention for at-risk students and students with special needs; guidance counselors, social workers, nurses, services for English Language Learners, music art and other subjects; and reasonable class size.

Judge Moukawsher’s charge was to examine the resources in the districts at issue in the case and determine whether those resources were so inadequate as to violate Connecticut’s constitution.

However, nowhere in the opinion does the judge systematically look the actual resources present or absent in each district.

Rather, the judge focused only on three types of resources: facilities, instrumentalities of learning, and teachers. He declared that since, in his view, the state provides the “bare minimum,” in these three areas, the plaintiffs did not prove that state funding is constitutionally inadequate.

Moukawsher claimed to base his ruling on the 2010 Connecticut Supreme Court plurality decision allowing the CCJEF case to proceed to trial. He claimed to rely specifically on Justice Richard Palmer’s concurring opinion, which is seen as the controlling opinion.

Moukawsher stated that Palmer limited his focus to those three narrow resources. This is untrue. Palmer acknowledged a much wider range of potential resource deficits, including class size, language instruction, technology, intervention for at-risk students, and a safe and secure learning environment.

Judge Moukawsher’s decision ignored the wide range of essential educational resources absent in the CCJEF districts. In fact, the judge actually claimed that intervention for at-risk children was an “extra.”

As a result, his ruling does an injustice to the children suffering in those districts.

Moukawsher also attempted to claim Palmer’s definition of a “minimally adequate” education was narrower than the plurality opinion, and that it required only the “bare minimum” of resources.

However, Palmer actually declared that “I perceive no difference between an educational opportunity that is minimally adequate and an educational opportunity that the plurality characterizes as ‘soundly basic.’”

Moukawsher created a bare-bones definition of constitutional adequacy that the Connecticut Supreme Court clearly did not envision.

The one ray of light in this funding decision is Moukawsher’s finding that the state’s system for distributing school aid is unconstitutional. He ruled that “(b)eyond a reasonable doubt, Connecticut is defaulting on its constitutional duty to provide adequate public school opportunities because it has no rational, substantial and verifiable plan to distribute money for education aid and school construction.”

To illustrate Connecticut’s irrational system, Moukawsher cited the legislature’s decision last session to cut school aid for poor districts while providing more aid for wealthy districts. Here, the judge finally acknowledged the severe resource deficits caused by these cuts: of administrators, guidance counselors, kindergarten and special education paraprofessionals, music and athletics, a shortened school year and classes of “29 children per room — rooms where teachers might have a class with one third requiring special education, many of them speaking limited English, and almost all of them working considerably below grade level.”

The judge declared that a system that “allows rich towns to raid money desperately needed by poor towns makes a mockery of the state’s constitutional duty.”

In a long-running battle, the Washington State Supreme Court ordered the Legislature to pay a fine of $100,000 a day for every day that it failed to produce a plan to change the funding of public schools in the state so that it meets constitutional requirements.

Now the Court wants to hold the legislature accountable for its turtle-like response.

Washington state has been here before, but this time the stakes are higher.

Attorneys for the state will appear Wednesday before the state Supreme Court to argue — once again — that lawmakers have complied with court orders to boost public school funding.

On the other side of the courtroom will be attorneys representing the coalition of parents, school districts and education groups that sued the state almost 10 years ago and maintains that lawmakers still haven’t done enough.

The hearing marks the latest development in the McCleary case, in which the state Supreme Court ruled in 2012 that the Legislature was failing to fully fund basic education and must correct school-funding problems by 2018.

The state is now in contempt of court and accruing fines of $100,000 a day over the Legislature’s failure to produce a plan to meet the 2018 funding deadline.

On Wednesday, the court’s nine justices will hear arguments to help them decide whether to lift the contempt sanctions, or to impose more serious penalties that could dramatically alter next year’s budget debates at the state Capitol.

Read more here: http://www.thenewstribune.com/news/politics-government/article99718447.html#storylink=cpy

The state contends that it has made lots of progress.

The chief justice was not so sure about the “progress”:

Chief Justice Barbara Madsen asked the state’s lawyer, deputy solicitor general Alan Copsey, to clarify when he thinks the deadline is for the state to fully fund public schools.

She compared the conversation to a child who promises to clean his or her room “in a little while.”

“I want to know when a little while is,” Madsen said.

Read more here: http://www.thenewstribune.com/news/politics-government/article100349332.html#storylink=cpy

Jonathan Pelto read the Connecticut judge’s funding decision, which many people were thrilled to see, and discovered that the judge harbors unbelievably negative views about spending money on children with profound disabilities. Pelto says that the judge’s views would set back special education by 40 years.

While the decision is an important milestone on the school funding issue, Judge Thomas Moukawsher’s Memorandum of Decision is nothing short of absurd, ill-conceived and simply wrong when it comes to Connecticut’s special education programs, the state’s illogical teacher evaluation system and the state’s over-reliance on the unfair, inappropriate and discriminatory Common Core SBAC and SAT testing schemes.

In his ruling, Moukawsher actually suggests that students should face even more standardized testing in Connecticut’s classrooms.

And of greatest concern is his unwarranted, outrageous and mean-spirited attack on special education services in Connecticut’s schools.

The truth is that Connecticut has actually been a leader when it comes to providing special education services to those who need extra help in the classroom. While issues certainly exist when it comes to adequately identifying and providing services to those students who have special needs, the underlying problem is not that students get special education services, but that Connecticut’s cities and towns are left with an unfair share of the burden when it comes to financing those extra educational activities.

In Connecticut, there has been widespread consensus that society and the state have an obligation to ensure that every child is provided with the knowledge, skills and opportunities to live more fulfilling lives and that includes children with special needs.

Yet in an stunning diatribe, Judge Moukawsher appears to suggest that Connecticut retreat from that commitment.

Jonathan Pelto is first to report on an important ruling by a Superior Court judge in Connecticut. His post contains links to news stories in two major Connecticut newspapers.

More than a decade ago, a group of mayors, parents and education advocates in Connecticut filed a lawsuit claiming the state’s school funding formula was unconstitutional.

On behalf of the state’s children, teachers, public schools and taxpayers, the plaintiffs argued that Connecticut’s school funding formula failed to ensure that every child had access to a quality and productive education, as guaranteed by the state constitution.

Known as CCJEF v. Rell, the case will eventually make its way to the Connecticut Supreme Court before it is fully resolved.

However today, a former Democratic state legislator-turned-judge sought to tread a political and timid path by calling the existing funding system “irrational,” but stopping short of declaring that the plaintiffs were correct in their assertion that Connecticut must both increase its level of school aid as well as distribute that aid in a more equitable manner.

I hope to get further analysis by Wendy Lecker, a civil rights attorney who is reading the decision now.

Connecticut’s funding formula is based on property taxes, which advantages affluent districts and harms poor district.

The Hartford Courant reports:

In a sweeping ruling Tuesday, Superior Court Judge Thomas Moukawsher declared that “Connecticut is defaulting on its constitutional duty” to fairly educate the state’s poorest children and ordered the state to come up with a new funding formula for public education.

Moukawsher’s unexpectedly far-reaching decision also orders the state to come up with clear standards at both the elementary and high school level and to improve the evaluation of teachers. Moukawsher did not address the level of funding for schools, but he blasted the General Assembly for recent cuts to public schools in the state’s poorest cities.

“So change must come. The state has to accept that the schools its blessing and its burden, and if it cannot be wise, it must at least be sensible,” Moukawsher said.

Reading his 254-page ruling for more than two hours, Moukawsher ordered the General Assembly to devise a new school spending plan within 180 days. He also found that “the state is paralyzed about high school graduation,” producing graduates in urban districts unready for “college nor career.”

The remarkable ruling orders the state to revamp virtually all areas of public education, from the hiring and firing of teachers to special education students to education standards for elementary and high school students.

Again, I await further analysis but it sounds as if the judge, in addition to chastising the state for its funding formula, also calls for more testing and test-based teacher evaluation.

Ah! The truth is out! The chairman of the Education Committee in the Ohio House of Representatives said that the reason he supports charter schools in urban districts is because it saves money!

Bill Phillis, former deputy commissioner of education in Ohio, now retired, writes:

Chairman of the Education Committee in the Ohio House of Representatives: “…reducing the cost of educating urban kids is the reason I support charter schools.”

The above statement was made during a workshop session at the State Auditor’s August 11 & 12 Charter School Summit.

So charter schooling is cheaper, says Mr. Legislator. He is saying the investment required to deal with the problems of urban education can be averted by merely promoting charters.

The promoters of the charter private business enterprise promised better educational opportunities and results on less funds. This pledge was appealing to policymakers who were blind to the need for additional resources to educate children in poverty zip codes.

The charter industry is preying on and using the most vulnerable children and parents. Charter school opportunities and results, in general, are grossly inferior to those inherent in the common schools. The higher cost of educating children living in poverty zip codes has been recognized for many decades. Several state and federal compensatory programs have been implemented to help address the poverty issue. But policymakers have adopted choice, a tactic to allow some students to escape the traditional school system, instead of addressing the actual additional cost of educating children of poverty.

William L. Phillis | Ohio Coalition for Equity & Adequacy of School Funding | 614.228.6540 | ohioeanda@sbcglobal.net| http://www.ohiocoalition.org

Angie Sullivan is a veteran teacher of children in the early grades in Clark County (Las Vegas), Nevada. She writes to a long list of legislators and journalists from time to time to let them know what is happening at the classroom level. Their discussions need to be informed by teacher knowledge, and Angie has plenty of it to share. She does this without fear of being fired. Angie Sullivan joins the honor roll of this blog for always putting the needs of her students first.

She writes:

My concerns are similar to the Trustees of Clark County School District, but they come from the practicality of the classroom.

Student Achievement:

I have concerns about student achievement as the CCSD Trustees currently implements mandates. Since testing has replaced instruction in many schools, there has been little or no achievement. There has also been little authentic achievement as teachers have been forced to teach to the test instead of teaching at each student’s instructional level to scaffold instruction. This has been particularly detrimental to limited English students and students in poverty. Forcing students with zero background, limited vocabulary, and no access to perform on a rigorous grade-level assessment – invalidates the assessment. The tests are simply too hard to show anything useful to teachers or students. That does not mean my students are not bright and capable; they are a protected class who has not yet had enough developmentally appropriate access
and participation validity is questionable. Simply: testing in English when your primary languages is not English is unfair. Trustees have created an environment where students, parents, and teachers have realized they cannot rely on these test to inform decisions – everyone failing all the time every time does what? Adequate support must be given prior to testing. Adequate instruction with background building and vocabulary building must occur. Protected groups cannot be repeatedly tested over and over and over then the data used as a weapon against children and teachers unless there has been an initial investment in learning time, supplies, and care. This is under the Trustees authority and it has not happened. Instead, labor and children are punished for things beyond our control. And unfortunately any “success” cannot be replicated in authentic situations because teaching to the test does not generalize to a different kind of test on a different day.

Equity and Civil Rights Issues:

We live in a district which has 100,000 students who are undocumented or live in families which are undocumented. We have few services for families to learn English, participate in Citizenship courses, negotiate the labyrinth of scams which take advantage of the unwary. Our students are in jeopardy of being removed from their families everyday. Family members disappear and are never seen again often. Frankly, it is a holocaust with individuals living in fear, under the radar, hiding. This is not conducive to learning and one third of our students live with this daily. My attempts at educating CCSD leadership on this issue has fallen on deaf ears – yet one-third of our students are affected by these issues. What would your life be like if your parents were taken in the night? Would your priority be graduation or something else? Students drop out to survive. I have asked over and over for some care by the Trustees to be taken.

I participated in sex education meetings. The Trustees allowed gay bashing and hate speech for 7 hours at a time. I watched Trustees brag about bringing their churches to the meetings to do this. The LGBTQ community is a protected class. Trustees openly allowed abuse of children who identity as queer. A community that is likely to consider suicide should not be exposed to long meetings where trusted authorities allow speeches about Bibles and hell. This is a human rights violation and unfortunate that Trustees participated in this.

Look at the data and you will see. It is people of color who CCSD fails. We do very very well serving the white outer ring of Las Vegas. CCSD knows how to teach students because we have some of the top schools in the nation. We are extremely successful in some areas of town – directly correlated to socio-economic status (which is the best predictor of educational success). CCSD fails to address the inner ring of the city which is soaked in social problems, poverty, and lack of care. Looking at census data for Las Vegas and you will see we have generations of adults who dropped out before the ninth grade – millions. 30 years of under-funding, crazy mandates, and hiring people who are NOT real teachers has built this. This is the extreme civil rights issue that has been built by the current Trustee leadership. The money has not gotten to the children who needed it most. This was in Trustee control and they failed.

The Department of Justice will become involved because of the severe racial inequity in the CCSD charters. These charters are successful at preventing collective bargaining, causing racial segregation, and siphoning money for questionable ventures. I have watched the Trustees admit that charters are failing and instead of closing them down – renewed their contracts. No regulation, no data, no transparency – another wasteful money pit.

It would be difficult for a new power structure to do worse than the current system which is ranked last in a state which is ranked last. The extreme inequity is difficult to measure currently since the Trustees have not been able to deliver how much money each school receives, though it has been asked repeatedly.

Employment Issues:

150 CCSD schools protested with picket signs to receive a teacher contract after the legislature sent CCSD $1 Billion which it refused to share with labor. Over 15,000 teachers in the streets each payday and marching finally lead to new language.

We fought to keep our non-profit healthcare which still struggles from being forced to spend down. Surely it is not teachers that Trustees are concerned about.

Perhaps it is support staff . . .

Who did not give support staff a raise in 8 years? Who forced support staff into a for-profit insurance that is prepared to gouge them again? Which bodies included out-sourcing in the support staff contracts? This is the current language not put there by legislators. Hint: CCSD and ESEA put outsourcing in the contract not the Nevada legislature. It is not support staff Trustees are concerned about.

Perhaps it is administration (principals) . . .

They haven’t settled a contract either.

Trustees are concerned about interviewing? I’m the one sitting in schools filled with long term subs, TFA, and ARLs. The door revolves in my community and each year the people coming through are less prepared than the year before. We filled our at-risk schools with folks who who had to have 60 college credits (no degree necessary) last year. Special Education students do not have a professional – sometimes for their whole school career? How about being concerned about stuffing warm bodies into vacancies. Those warm bodies are not ready to teach at-risk kids. I digress since that is a civil rights issue – is it not? Frankly, the white outer ring is not staffed with TFAs, ARLs and subs is it?

Equipment:

Have you ever been with 42 five year olds in a room when it is 104 degrees outside? They get sweaty and limp. Everyone gets sick and starts to throw-up. Have you ever done that as a routine for five years or more because the air conditioning routinely goes out because CCSD bought the air conditioner in Wisconsin to save money? Air conditioning and lack of it is not funny or a joke to be ignored. Trustees have failed.

Would I be sad if my principal had the right to call the AC guy who lives across the street to flip the switch so babies do not get heat-stroke? I would not be sad.

And again – I’m sure if I taught students on a different side of town we would not have to endure significant and life-threatening equipment failures. I digress- again a civil rights issues.

Student Funding:

I have taught at my current school for about five years. This week my at-risk Title I school finally received a reading series and a math series.

Yes. We have books.

I find it hard to believe that the Trustees who I have been watching spend money on lasers, trips, gadgets, and yee-haws for all sorts of schools not on my side of town – is now concerned about books, paper, and basic supplies? Because that has been my consistent concern since arriving here.

Frankly, no one has listened to teachers nor have they given us anything we really needed. But they have whipped us for not being successful with invalid data that tells no one anything.

In summary, I find Trustee concerns ironic.

They have had the power to do major change.

They could have shown an interest in civil or human rights long ago.

They could have been bold and really addressed the concerns they listed.

Instead they have mismanaged and abused their power.

Frankly it would be hard to do worse than they have done. So for my kids – I want to move forward.

The Education Law Center reminds us that the California Supreme Court made the right decision on teacher tenure (Vergara) but passed up a chance to make funding equitable across the state. One would think that there should be a right to go to a public school that is adequately and equitably funded. But not yet.

CALIFORNIA SUPREME COURT GOES 1 FOR 2: ENDS TENURE CASE, BUT TURNS AWAY CHALLENGE TO INADEQUATE SCHOOL FUNDING

On August 23, the California Supreme Court denied petitions for review in two cases asking the courts to declare state education laws unconstitutional. Campaign for Quality Education (CQE) and Robles-Wong v. State claimed the state’s school funding system violated the state constitution, and Vergara v. State challenged laws on teacher tenure, dismissal, and seniority.

Education Law Center, joined by civil rights organizations, filed amicus (friend of the court) briefs in both cases, arguing that the Supreme Court deny review — and effectively end — the Vergara tenure case and accept review in CQE Robles-Wong to allow the school funding case to proceed to trial.

In a 4-3 decision in CQE Robles-Wong, the Court denied review of lower court rulings and, instead, affirmed the trial court’s dismissal of the complaints for “fail[ure] to state a claim for which judicial relief may be accorded,” thereby denying plaintiffs a trial on the merits of their claims.

The Court majority denied review without comment. But, three Justices would have accepted the case for review, two of whom wrote strong dissents. In his dissent, Justice Liu wrote,

It is regrettable that this court, having recognized education as a fundamental right in a landmark decision 45 years ago (Serrano v. Priest), should now decline to address the substantive meaning of that right. The schoolchildren of California deserve to know whether their fundamental right to education is a paper promise or a real guarantee.

In Vergara, the Court denied review of the Court of Appeal decision, which found plaintiffs had failed to show a causal connection between the challenged statutes and an alleged inferior educational opportunity. The civil rights brief opposed the Vergara plaintiffs’ claims and explained to the courts that fair and sufficient funding is essential to providing a high quality teacher workforce in California’s school districts. The brief also recounted the expansive research showing that adequate educational resources yield better results for students.

“The California Supreme Court got it right in denying review in Vergara,” said David Sciarra, ELC Executive Director and a leading education rights litigator. “The media attention on Vergara, however, overshadowed Robles Wong, a ruling with far more impact on the educational opportunities afforded California’s public school children.”

Mr. Sciarra added that, “in Robles Wong, the Supreme Court allowed an Appellate Court ruling to stand which effectively holds that public school children cannot vindicate their fundamental right to an education under the California constitution in the California courts. The ruling also prevents courts from hearing evidence and deciding on the constitutionality of California’s school finance system — among the most inadequate in the nation.”

California has the largest public education system in the nation, serving over 6 million K-12 students—one in eight U.S. students. Nearly half of those students qualify for federal free and reduced priced lunch, the benchmark for student poverty.

Education Law Center Press Contact:
Molly A. Hunter
Education Justice, Director
mhunter@edlawcenter.org
973-624-1815, x 19