Log In


Reset Password
  • MENU
    Editorials
    Tuesday, May 07, 2024

    Grant expedited review of controverisal education ruling

    Connecticut Supreme Court Chief Justice Chase T. Rogers should grant Attorney General George Jepsen’s request for an expedited review of Judge Thomas Moukawsher’s controversial decision last week that ordered an overhaul of public education in the state.

    Moukawsher agreed with the plaintiffs that the General Assembly is failing to meet its state constitutional duty to provide a free public education. The judge concluded the legislature has acted unconstitutionally because the public education system, while free, is irrationally designed and funded and not connected to the goal of meeting educational needs.

    Moukawsher said the General Assembly has to come up with a funding plan for education that is rational, as opposed to political; must revamp teacher evaluations so that they identify deficiencies; must set clear standards for awarding high school diplomas; must place greater controls on special education spending; and must provide for greater discretion when funding school building projects.

    The judge gave the legislature 180 days to make the ordered repairs and then return for his approval or rejection.

    As noted in our earlier editorial, Moukawsher’s identification of the problems is largely on target. The legislature and governor would do well to use them as a guidepost.

    However, his order is extreme judicial overreach. Though lawmakers have done a poor job of it, nonetheless the constitutional responsibility for how resources are allocated for education rests with the legislative branch.

    It would be a gross distortion of the constitutional division of powers to provide an unelected judge with the authority to redesign public education in the state, acting outside the give-and-take of the legislative process, including the debate over the allocation of limited resources. The Supreme Court should not allow it.

    The state law cited by Jepsen allows an expedited appellate review by the Supreme Court if it involves a “matter of substantial public interest,” which this clearly does, and in which a “delay may work a substantial injustice.” If lawmakers are forced to redesign public education in Connecticut to meet a judge’s order, perhaps in ways the people who elected them do not agree with, it would be “a substantial injustice.”

    Chief Justice Rogers should grant the expedited review.

    Connecticut’s educational system has serious problems. The gap between student performance in poor urban centers and wealthier suburbs remains vast. Providing for special education needs without bankrupting the ability to provide for a general education is a big challenge. We do need firm graduation standards.

    But solutions must come through the legislative process, not via judicial fiat.

    Comment threads are monitored for 48 hours after publication and then closed.