State fails in schools, judge rules; SJC to review findings on funding inequities
Worcester Telegram & Gazette
Clive McFarlane
April 27, 2004
Massachusetts is not meeting its constitutional duty to provide all children with an adequate education, a Superior Court judge ruled yesterday.
The 358-page ruling by Judge Margot G. Botsford, which observers say has the potential to dramatically increase state education funding, will be reviewed by the Supreme Judicial Court.
If recommendations offered by Judge Botsford are adopted by the SJC, the state could be asked to funnel additional money into several program areas, including special education, preschool services and implementation of all seven of the state's curriculum frameworks.
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Judge Botsford agreed, ruling that despite the state spending more than $30.8 billion in additional education funding during the past decade, inequities still exist in the funding formula.
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Judge Botsford acknowledged that the education reform funding formula had ensured a far greater degree of equitable spending between rich and poor school districts.
''When one looks at the state as a whole, there have been some impressive results in terms of improvement in overall student performance,'' she said.
''Nevertheless, the factual record establishes that the schools attended by the plaintiff children are not currently implementing the Massachusetts curriculum frameworks for all students, and are not currently equipping all students with the McDuffy capabilities.''
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S. Paul Reville,executive director of the Rennie Research and Policy Center at MassInc, and whose work with the Massachusetts Business Association helped developed the blueprint for the state's education reform law, noted that the state's current funding formula was developed by ''asking superintendents, in the absence of standards, what would be adequate in their districts?''
''We now have standards we did not have when that adequacy level was developed, so it is a reasonable request by the judge that we revisit the funding formula,'' he said.
Mr. Revillesaid that, should the SJC adopt Judge Botsford's ruling, the state might have some difficulty coming up with the additional funding.
''It could present some significant challenges, since there is not enough room in the current budget. It raises the questions of taxes being raised and other sources of revenues being explored,'' Mr. Reville said.
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