Home > Uncategorized > A “Reformer” in Connecticut’s Superior Court

A “Reformer” in Connecticut’s Superior Court

Last month, Elizabeth Harris wrote an article in the NYTimes on a far reaching decision rendered by Connecticut Superior Court Judge Thomas Moukawsher, who issued a 200+ page ruling on that state’s funding formula. Mr. Harris’ article focussed on the primary issue that faced the judge, the fairness of funding, and noted in passing some of the other issues the judge touched on in his lengthy decision.

Last weekend, Wendy Lecker, a Hearst Connecticut Media Group columnist and senior attorney at the Education Law Center, wrote an op ed piece decrying some of the remedies embedded in the judge’s decision, remedies that are based on the popular misconception that exit examinations will ensure uniform success for all learners and VAM will ensure quality teaching. When groups filing lawsuits seeking equitable funding get a decision that affirms their assertion that the existing funding mechanisms are inherently inequitable, they don’t expect to receive decisions that call for practices that are destructive to the students who are raised in poverty or to the teachers who are willing to devote their careers to working with those students. But, as Ms. Lecker notes, that is exactly what Mr. Moukawsher did in his rambling decision.

On the issue of exit examinations, where the judge cited Massachusetts’ successes, Ms. Lecker writes:

The judge decided that because Connecticut does not have “rational” and “verifiable” high school standards, meaning standards measured by a high school exit exam, Connecticut diplomas for students in poor districts are “patronizing and illusory.” He concluded that the cure for this problem is standardized, “objective” exams that students must pass to graduate…

(H)ad the judge examined the evidence, he would have also learned that the actual major factor in Massachusetts’ improvement was the very measure he refused to order Connecticut to implement: school finance reform that dramatically increased the amount of school funding statewide. No fewer than three studies have shown that increasing school funding significantly improved student achievement in Massachusetts. Recent major studies confirmed those findings nationwide, demonstrating that school finance reform has the most profound positive impact among poor students.

When it came to teacher evaluations, which fall well outside the purview of a ruling on funding equity, the judge advocated VAM as a method. In response to that decision Ms. Lecker writes:

Courts that have actually examined the evidence on systems that rate teachers on student test scores have rejected these systems. Last year, a court in New Mexico issued a temporary injunction barring the use of test scores in that state’s teacher evaluation system. And in April, a court in New York ruled that a teacher’s rating based on her students’ “growth” scores — the foundation of New York’s teacher evaluation system — was “arbitrary and capricious;” the opposite of “rational” and “verifiable.”

Yet despite the reams of evidence debunking the use of student growth scores in evaluating teachers, and despite these two court rulings, Judge Moukawsher insisted that rating teachers on student “growth” scores would satisfy his demand that Connecticut’s system for hiring, firing, evaluating and compensating teachers be “rational” and “verifiable.” His ruling defies the evidence and logic.

A month ago when I wrote a post on the Connecticut ruling I surmised that, based on what’s happened in other states where the courts fond the funding inequitable, nothing would happen as a result the judges decision. I was wrong. In this case, as a result of the judge’s overreach, both sides on this issue are appealing the decision to a higher court… and as the case goes forward I share Ms. Lecker’s hopes:

One can only hope that that our highest court will steer this case back on course, away from these ill-advised educational policy rulings and toward a proper finding that the state is failing to provide our poorest schools with adequate funding and is consequently failing to safeguard the educational rights of our most vulnerable children.

Stay tuned… it will be another school year at best before anything happens… and likely another generation before change occurs in Connecticut… if it happens at all.

 

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