Seeking plaintiffs, Brockton education equity lawsuit chugs ahead
By
Tom Relihan
The Enterprise
BROCKTON – A looming effort by the city’s school district to
force the state government to reform the way it supports public
education is gaining more steam.
Brockton’s public schools plan to spearhead the effort – essentially, round two of a similar, successful push led by the district in the early 1990′s that resulted in the creation of the state’s Chapter 70 education aid law and the Massachusetts Comprehensive Assessment System – and have begun actively searching for other districts to join in an education equity lawsuit, as well as students to name as plaintiffs in the case.
Attorney Sarah Spatafore, who is working with the School Committee to develop the lawsuit, said at the board’s most recent meeting that once a plaintiff is identified, a complaint can be drafted and filed in Superior Court by the end of the school year. The committee set aside time for before another recent meeting for families interested in signing on to meet with Spatafore.
District and city officials have floated the idea of suing the state for about two years, Superintendent Kathleen Smith said.
“I know it has taken us a while to get here, but I think it is the right time,” Smith said. “We’ve been through a very difficult year, and other districts are starting to feel the same pinch - ours was just a lot greater and a lot sooner... The time is right for us right now to keep this on the front burner.”
The lawsuit is expected to allege that the state has failed to provide adequate funding for all students by failing to act on the recommendations of a commission formed to study education funding and by changing the math for calculating districts’ poverty rates, which administrators say cost Brockton about $6 million this year.
That group, the Foundation Budget Review Commission, found public education in Massachusetts to be underfunded by about $1 billion and recommended finding ways to rein in rising costs related to health insurance, reform special education instruction, increase funding for English language learning students, and provide more money for high-poverty districts, among other fixes.
Smith has in recent months alluded to potentially naming Gov. Charlie Baker himself as a defendant. The city this summer set aside $100,000 for legal fees and other costs related to the potential lawsuit.
Short of taking the issue to the courts, Spatafore said the district’s current path could produce favorable results prior to that point.
She said the act of simply discussing or filing a lawsuit and raising the specter of a legal battle against the state in some cases serves to influence the Legislature to begin taking up reforms on its own.
“We’re pursuing our legal rights, but it tends to have an impetus to have the Legislature react by implementing different reforms as the lawsuit goes forward,” she noted.
School Committee Vice Chairman Tom Minichiello Jr. said either outcome would be acceptable.
“Perhaps short of an actual judgment, there would be movement in adopting some of those issues we’re all aware of in Brockton,” he said. “In terms of the funding report that highlights those issues, English language learners, special education, poverty rate, homelessness – check, check, check, Brockton is right there.”
Spatafore noted that the district plans to watch the outcome of another education-related lawsuit that seeks to lift the state’s limit on the number of charter schools that can open – the subject of a failed ballot initiative in 2016 – to see how the Supreme Judicial Court leans on the issue. Critics claim opening the door for charter expansion drains much-needed funds from traditional district schools.
A ballot question set for 2018′s elections that seeks to raise the income tax rate to 9.1 percent for people earning more than $1 million could also see education funding increase, she said, since the increased revenue would be designated for roads, bridges, public transportation and education.
Brockton’s schools have been facing a $16 million budget shortfall this year. The district initially had to lay off about 300 employees. About 180 of them were teachers.
Got news tips? Contact Tom Relihan at trelihan@enterprisenews.com, or (508)427-4014.
The Enterprise
Posted Nov 27, 2017 at 4:01 PM
Updated Nov 27, 2017 at 4:11 PM
The city’s public schools plan to spearhead
the effort – essentially, round two of a similar, successful push led by
the district in the early 1990s that resulted in the creation of the
state’s Chapter 70 education aid law and the Massachusetts Comprehensive
Assessment System – and have begun actively searching for other
districts to join in an education equity lawsuit, as well as students to
name as plaintiffs in the case.
Brockton’s public schools plan to spearhead the effort – essentially, round two of a similar, successful push led by the district in the early 1990′s that resulted in the creation of the state’s Chapter 70 education aid law and the Massachusetts Comprehensive Assessment System – and have begun actively searching for other districts to join in an education equity lawsuit, as well as students to name as plaintiffs in the case.
Attorney Sarah Spatafore, who is working with the School Committee to develop the lawsuit, said at the board’s most recent meeting that once a plaintiff is identified, a complaint can be drafted and filed in Superior Court by the end of the school year. The committee set aside time for before another recent meeting for families interested in signing on to meet with Spatafore.
District and city officials have floated the idea of suing the state for about two years, Superintendent Kathleen Smith said.
“I know it has taken us a while to get here, but I think it is the right time,” Smith said. “We’ve been through a very difficult year, and other districts are starting to feel the same pinch - ours was just a lot greater and a lot sooner... The time is right for us right now to keep this on the front burner.”
The lawsuit is expected to allege that the state has failed to provide adequate funding for all students by failing to act on the recommendations of a commission formed to study education funding and by changing the math for calculating districts’ poverty rates, which administrators say cost Brockton about $6 million this year.
That group, the Foundation Budget Review Commission, found public education in Massachusetts to be underfunded by about $1 billion and recommended finding ways to rein in rising costs related to health insurance, reform special education instruction, increase funding for English language learning students, and provide more money for high-poverty districts, among other fixes.
Smith has in recent months alluded to potentially naming Gov. Charlie Baker himself as a defendant. The city this summer set aside $100,000 for legal fees and other costs related to the potential lawsuit.
Short of taking the issue to the courts, Spatafore said the district’s current path could produce favorable results prior to that point.
She said the act of simply discussing or filing a lawsuit and raising the specter of a legal battle against the state in some cases serves to influence the Legislature to begin taking up reforms on its own.
“We’re pursuing our legal rights, but it tends to have an impetus to have the Legislature react by implementing different reforms as the lawsuit goes forward,” she noted.
School Committee Vice Chairman Tom Minichiello Jr. said either outcome would be acceptable.
“Perhaps short of an actual judgment, there would be movement in adopting some of those issues we’re all aware of in Brockton,” he said. “In terms of the funding report that highlights those issues, English language learners, special education, poverty rate, homelessness – check, check, check, Brockton is right there.”
Spatafore noted that the district plans to watch the outcome of another education-related lawsuit that seeks to lift the state’s limit on the number of charter schools that can open – the subject of a failed ballot initiative in 2016 – to see how the Supreme Judicial Court leans on the issue. Critics claim opening the door for charter expansion drains much-needed funds from traditional district schools.
A ballot question set for 2018′s elections that seeks to raise the income tax rate to 9.1 percent for people earning more than $1 million could also see education funding increase, she said, since the increased revenue would be designated for roads, bridges, public transportation and education.
Brockton’s schools have been facing a $16 million budget shortfall this year. The district initially had to lay off about 300 employees. About 180 of them were teachers.
Got news tips? Contact Tom Relihan at trelihan@enterprisenews.com, or (508)427-4014.
Holding one's breath waiting for the state to improve education is not a smart way to go. The State is not interested in education the State is interested in schooling. I would look at home education a lot closer if I had younger children coming along. Teach your kid to read if possible at a young age in my opinion, make it fun and use few or no pictures. Let the kid use their imagination. There is nothing more important than educating our young and it is the parents who should lead the way.
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