Findings
Public Court Documents
June 27, 1995
29 pages
Cite this item
-
Case Files, Sheff v. O'Neill Hardbacks. Findings, 1995. 423529f0-a146-f011-877a-002248226c06. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/54f5f31b-2ff5-4952-bbb5-46c8a5a6dd03/findings. Accessed November 23, 2025.
Copied!
S.C. 15255
| MILO SHEFF, et al. SUPREME COURT
| VS. STATE OF CONNECTICUT
| WILLIAM A. O'NEILL, et al. JUNE 27, 1995
FINDING
Pursuant ‘to this Court’s Order of Mav 11, 1995 that the
trial court review any filings relating to factual issues
other than the parties’ stipulation of facts and proposed
findings of fact that it may find helpful, the court
incorporates herein by way of introduction to its findings |
certain amendments to the complaint that were made by the
plaintiffs prior to trial for the purpose of narrowing the
scope of their offer of proof, as well as a representation
i made by counsel for the plaintiffs at the time of final
argument relating to the defendants’ claim that the court
lacks jurisdiction because of the plaintiffs’ failure to
join the Hartford area towns and school districts as
necessary parties in this action.
Hl 3.
On July 21, 1992, the plaintiffs filed a reguest LO
amend paragraphs 47 and 50 of their original complaint, and
to delete paragraph 71 in its entirety, because "the state’s
role in segregated housing patterns is not .a,pecessary part
| of their affirmative case . . . andithey wish to eliminate
[i + =3 Bi
| Vio]
i any ambiguity in the pleadings thd, may” be relied on by the
~
|
|
|
|
i
i
}
| - : b
| A £2117
|
l
| §
1
|
1
|
\
|
{
i | defendants to divert the [clourt’s attention from the
i important educational issues that are at the core of this
|
cage." (Plaintiffs’ Request for Leave to Amend Complaint,
| July 21, 1992, Record item #178.)
[1
Hi
}
|
|
| educational achievement between Hartford and the suburban
bh i'd
i!
1
Bt
Paragraph 47, which had alleged that the digparities in
school districts were the result of the "educational and
social policies pursued and/or accepted by the defendants,”
was amended to allege only that the disparities were the
result of the defendants’ "education-related policies".
The plaintiffs’ request also proposed to change
paragraph 50 of theycomplain: to read that the defendants
had long been aware of "the racially and economically
segregated population patterns in the Hartford
region . .:.", in place of The original allegation that they
had long been aware of "the strong governmental forces that
have created and maintained" those population patterns.‘
Paragraph 71 of the complaint, which was deleted in its
entirety, had alleged that the defendants and their
predecessors had "failed to take action to afford meaningful
racial and economic integration of housing within school
zones and school districts in the Hartford metropolitan
region [and that these] failures have contributed to the
paragraph 50 as it appears in both the Consolidated
| Amended Complaint (February 26, 1993, Record item #201.70)
|
{
|
| H
and the Revised Complaint (November 23, 1994, Record item
#217) were not changed to conform to the 1292 amendment.
2
isolation of poor and minority students within the Hartford
School District.”
131.
Prior to hearing the final arguments of counsel, the
court asked the defendants whether they would be pursuing
the jurisdictional issue which they had raised in their
fifth special defense which asserts that "[t]o the extent
that the plaintiffs complain about matters which are
committed by law to Che discretion of the City of Hartford
or the Hartford Board of Education or any of the suburban
cities, towns or school boards, the court does not have
jurisdiction '. .". because of the plaintiffs’ failure Co
join necessary parties." (Transcript, November 30, 1994,
pp. 15-19.) Counsel for the plaintiffs then acknowledged in
response to a question from the court that the plaintiffs
were making no claims by way of the pleadings, or through
evidence that had been offered at the trial, that there were
any acts or omissions on the part of the city of Hartford or
its board of education, or onrthe part of the twenty-one
other towns referred to in the complaint or of their boards
of education, that constituted a violation of the
plaintiffs’ constitutional rights. Id.
Pursuant ‘to ‘this Lourt’s Oyder of May 11,1995 the
trial court’s findings on the disputed facts disclosed in
the proposed findings of fact submitted by the parties are
as follows:
HISTORICAL BACKGROUND?
3: Education in Connecticut has always been under the
It control of the colony or the state government, and the
} public policy of the stare and colony from the inception of
| our system of education has been that it is essential to the
| perpetuation of our form of government that all students
receive an equal educational opportunity. (Collier, 16/54)%
2. Connecticut has always been a leader in the field
of education and had the highest literacy rate in the
country, if not in the world, in the seventeenth and
eighteenth centuries, and even when the quality of its
educational system declined sharply in the 1840's,
Connecticut still maintained the highest literacy rate in
the United States.
3. In the seventeenth century, the Puritan or
ji Calvinist view about the government's duty to provide a
| proper education was that education was perceived to be a
| public responsibility rather than a matter of personal
| preference or choice.
4. The tradition of local control in this state goes
back to the early eighteenth century when the responsibility
for education was taken away from the towns and given to the
‘The court’s findings numbered one through twenty-five,
unless otherwise indicated, are based on the testimony of
Christopher Collier (Transcript Volume 16, January 14,
1993), a professor of history abt the University of
Connecticut and the officially designated State Historian
for the state of Connecticut. He testified in the course of
the plaintiffs’ case-in-chief and was the only trial witness
who testified as an expert on Connecticut history.
‘Where the trial testimony of a witness is cited, the
name of the witness will be given, followed by the volume of
the transcript numbered from one through thirty-five for
each day of the trial, followed by the page or pages of the
transcript at which the testimony appears.
4
parishes or ecclesiastical societies within the towns to
such an extent that it was said at the time that there was a
school within a mile of every student in the state.
5. In the mid-eighteenth century there were about
sixteen hundred such districts in the state that were
carrying out the educational function at the local level and
school districts kept getting smaller in the ensuing years.
5. In the late nineteenth century, disparities in the
quality of education between rural and urban school systems
developed because urban districts were the only ones
| permitted by law to establish high schools and because those
districts had a broader tax base.
7: In an effort to reduce these disparities and to
| meet its commitment to provide equal educational opportunity
for all students, the state devised a funding formula under
which less money was paid per student as the number of
students increased so that rural schools received much more
| per student and urban schools were paid much less.
8. Thereafter, as a result of persistent attempts to
give the state full control over all high schools, a bill to
that effect was passed by both houses of the legislature in
1933, but was vetoed by the governor.
g. The first regional high school in the state was
authorized by a special act passed in 1936 and thereafter
general legislation was enacted which encouraged the
| building of regional high schools.
10. The limited regionalization that took place in the
1950's was accomplished only because of the financial and
economic incentives that were offered by the state to the
smaller communities and it reflected the strong historical
influence of local control and attachment to the local
school system on state educational policy. (Ferrandino,
PX. 493, pp. 88-87)"
11. The population increase in the rural and suburban
areas of the state after World War II was the principal
reason for the dramatic increase in the construction of new
school buildings in those areas during that period in
addition to the fact that the need to promote quality
education in those school systems was a very significant
factor in the process of regionalization which was also
taking place during the post-war period.
*Trial exhibits hereafter will be designated "PX" for
plaintiffs’ exhibits and "DX" for defendants’ exhibits.
5
12. ‘The history of public education in Connecticut
justifies the conclusion that although there are
deficiencies from time to time in its delivery of quality
education, the state’s educational system compares favorably
with almost every other state in the country.
13. The only manifestation of de jure segregation
either at the state or local level in Connecticut since the
Civil War occurred in Hartford in the spring of 1868 when an
ordinance was adopted that required black children to go to
a specially designated "colored" school located on Pearl
Street in that city.
14. The General Assembly met within weeks after the
city’s attempt to segregate its school children and
nullified that action by adopting Comnecticut'’'s open
enrollment law which is now codified, in substantially the
same language, as § 10-15c of the General Statutes and
requires that public schools be open to all children without
discrimination on account of race, creed or color.
15. At about the same time, the legislature also
enacted the "free school" law which abolished tuition so
that all children regardless of economic status, as well as
race, would have access to a free public education.
16. In the post Civil War era, this state's strong
policy of opposition to de jure segregation as reflected in
its 1868 open enrollment law was not unusual, and in that
respect Connecticut was not in advance of other states at
the time, particularly New York, Massachusetts, and the
other New England states.
17... Connecticut's cumulative record of civil rights
legislation dealing with racial discrimination during the
| period from 1905 to 1961 represented the most progress
toward equal opportunity achieved by any of the northern
states up to that time. (PX 502, pp. 1-2)
18. Racial discrimination in hotels, restaurants,
trangportation facilities, and places of amusement was
prohibited under the state’s public accommodations law which
was first enacted in 1905, and discrimination in public
employment was outlawed in 1936. Id.
19. The first civil rights commission in the Unired
States was Connecticut’s Inter-racial Commission which was
created in 1943 and was empowered to investigate employment
opportunities, violationg of civil liberties, and related
matters. 14.
20. In 1947, a fair employment practices act was
enacted which empowered the Inter-racial Commission to
proceed against employers, employment agencies or unions who
engaged in discriminatory practices based on race, religion,
or national origin, and discrimination in public housing
projects was declared illegal in 1949. Id.
21. The public accommodations act was expanded in 1953
to cover all establishments offering goods and services to
the public, and in 1959, its coverage was further extended
to include private housing by prohibiting discrimination in
the sale or rental of a housing accommodation by anyone
owning five or more contiguous units, and by anyone owning
three or more units under a law passed in 1961. Id.
22. The single most important factor that contributed
to the present concentration of racial and ethnic minorities
in Hartford was the town-school district system which has
existed since 1909, when the legislature consolidated most
of the school districts in the state so that thereafter town
boundaries became the dividing lines between all school
districts in the state.
23. The passage of that law was designed to improve
the quality of education on a statewide basis by involving
the state more fully in all aspects of education at a time
when the demographic patterns which began in the 1940's and
resulted in the high concentration of minorities in the
cities could not have been predicted.
24. The 1909 legislation, which was adopted in the
face of strong opposition from local districts, but was, in
retrospect, a positive step in the improvement of the
quality of education in the state, was not racially
motivated in any sense nor was it a product of any
discriminatory motive or purpose on the part of the state or
of any local governmental units or of the people of this
state.
e5. Article Eighth'§S 4 of the Connecticut constitution
relating to the School Fund was taken verbatim from the 1818
constitution because the 1965 constitutional convention was
a very conservative body that made only those changes that
had to be made in order to comply with the legislative
reapportionment mandates of the federal courts and it was
extremely reluctant to change anything that did not have to
be changed.
II. THE STATE'S INVOLVEMENT IN THE RACIAL, ETHNIC AND
SOCIOECONOMIC ISOLATION OF THE HARTFORD SCHOOL SYSTEM
AND THE STATE'S RESPONSE TO THOSE CONDITIONS AND TO THE
EDUCATIONAL UNDERACHIEVEMENT OF THE CHILDREN WHO ATTEND
THE HARTFORD PUBLIC SCHOOLS,
A. THE STATE'S INVOLVEMENT IN THE RACIAL, ETHNIC AND
SOCIOECONOMIC ISOLATION OF THE HARTFORD SCHOOL SYSTEM.
26. The racial and ethnic composition of the towns in
the Hartford metropolitan area and the unpredictable and
dynamic patterns of change over the past thirty years were
the result of powerful social and demographic forces
i generated by the collective exercise of personal geographic
| preferences over which the state had no control. (Armor,
32/129; 8teahy, 23/76, 107-12)
27. A variety of factors, including differential birth
and immigration rates, differential usage of private
schools, and the differential flow of white and minority
families to the suburbs has led to increased racial
isolation in the schools of the major cities in this stare.
(DX 12.23,"9. 2)
28. The dramatic increase in school construction in
Hartford area suburban towns that took place in the 1950's
- was the result of the movement of population from the city
to the suburbs and the post-war baby boom. (Calvert,
36/126-27)
29. During that same period, Hartford was not
experiencing the same degree of enrollment growth that was
| occurring in the suburban communities, particularly those
immediately surrounding the city. 1d4., 128.
30. These trends continued during the 1960's, but at a
somewhat reduced rate. Id., 128-29.
31. In Hartford during that period, the Hartford
Public High School was replaced when the school site was
| taken by the gtate in order to construct I-84. Id.
32. In the 1970's there was increased school
construction in Hartford which included the replacement of
the old Bulkeley and Weaver High Schools and the building of
| elementary schools in the north end of Hartford because of
Ii the growth in population in that area. 14.
33. The Quirk and Fox Middle Schools were built in
| Hartford in the 1970's as a part of the board of education’s
policy of integrating its students at an earlier grade level
than high gchecl.. I4., 130; PX 1, ppb. 15-16; DX 13.2, ©. 7.
8
Ad » |
34. The construction of new elementary schools in the
center and north end of Hartford during that period was
necessary in order to replace school buildings in the city
| that had outlived their usefulness and also because there
' was continuing enrollment growth in the central and northern
sections of the city and a corresponding decline in the
school age population in the south end. I4.,.130-33,
i 35. The school district makes the initial selection of
| the site and the state plays no part in the site selection
| process and can only limit the amount of its reimbursement
i to the district where the acreage or the size of the
i building exceeds maximum standards. (Brewer, 28/16;
| Gordon, 13/101-02)
| 36. In Connecticut, as in other states, the local
| school districts decide when and where a new school will be
lH built and whether or not existing schools should be replaced
ll or closed. (Gordon, 13/103-04)
37. The state has made no effort to influence the site
| selection process on the local level, and as long as the
| building meets code requirements and environmental
| protection regulations, the state defers to the decision of
the local district and gives its approval. (Brewer, 28/180)
38. The defendants have not created or maintained
| racially or economically segregated population patterns nor
| have they failed to take action against segregated housing
I patterns as originally alleged in the complaint. (Finding,
it Part 1)
39. There have been no acts or omissions on the part
| of the city of Hartford or of ics board of education, or on
the part of the twenty-one other towns referred to in the
complaint or of their boards of education, that have
| violated the plaintiffs’ constitutional rights. (Finding,
| Pare IT)
40. Local control and the tendency to favor
neighborhood schools has never manifested itself in the form
of open resistance by local school districts in Connecticut
to the state’s racial imbalance law, as it did in
Massachusetts in the 1970's. (Foster, 21/157-60; Rossell,
26B/32-34)
41, No school district in the state has violated the
open enrollment law since its enactment in 1868, unlike
| other states such as New Jersey, where dual school systems
|| apparently existed in parts of the state as recently as
| 1947. (Collier, 16/48; see also Booker v. Board of
Educarion, 212 A.24-1, 15 (N.J. 1965) (Hall, J., concurring
| in part and dissenting in part.))
34
S
THE STATE'S RESPONSE TO THE RACIAL, ETHNIC AND
SOCIOECONOMIC ISOLATION OF THE HARTFORD SCHOOL SYSTEM
AND TO THE EDUCATIONAL UNDERACHIEVEMENT OF THE CHILDREN
WHO ATTEND THE HARTFORD PUBLIC SCHOOLS.
42. Students in the Hartford schools are racially
isolated and are likely to become more isolated in the
future. (PX 494, pp. 9-10)
43. There is a strong inverse relationship between
racial imbalance and quality education in Connecticut’s
public schools because racial imbalance is coincident with
poverty, limited resources, low academic achievement and a
high incidence of children with special needs. (PX 42,
D. 1)
44. Education in its fullest sense for both white and
minority school children involves interracial and
multiethnic exposure to each other and interaction between
them, because racial and ethnic isolation has negative
effects on both groups. 1d.
45. Connecticut has long acknowledged an affirmative
responsibility to desegregate its public schools and to
guarantee educational equality for all students. (PX. 73)
46. Connecticut is one of only seven states that
voluntarily spend their own funds exclusively on
desegregation programs or efforts to relieve racial
imbalance without being ordered to do so by a court.
(DX 5.2; Rossell, 26B/47)
47. In this state, funds are provided for such things
as multicultural training programs and new multicultural
courses, teacher workshops, interdistrict magnet schools and
school construction. (Rossell, 26B/48)
48. Since 1966, the state has provided both financial
support and technical assistance for one of this country’s
first voluntary interdistrict transfer programs, Project
Concern, which was designed to promote voluntary
desegregation among schools in urban metropolitan areas.
(PX 73)
49. Project Concern and METCO in Boston may be the
only voluntary state-initiated interdistrict desegregation
programs in the country that have been in continuous
operation for over twenty-five years and which have been
funded continuously during that period, at least in part, by
the state. {Crain, 10/72-74)
50. In 1964, one year prior to the enactment by
Massachusetts of its racial imbalance law and five years
before a similar law was passed in Connecticut, the New
Haven board of education adopted a school pairing plan for
the purpose of reducing racial imbalance in its school
| ‘system and in the interest of promoting equality of
1} educational opportunity. (PX 494, p. 95; see also Guida v.
|! Board of Fducation, 26 Conn. Sup. 121 (1968))
51. The plan was upheld by this court (Devlin, J.) as
| being a proper exercise of the local board’s duty to
maintain a sound educational system and afford equal
educational opportunities to its students. Id.
| 52. Connecticut’s racial imbalance law which was
|| passed in 1969 represented a significant attempt to address
| the problems of racial imbalance at a time when none of
Connecticut’s cities had more than sixty percent minority
student enrollment. {PX S50, pb. 7)
53. The state board of education (SBE) proceeded to
draft and approve regulations within six months of the
passage of the racial imbalance law in July of 19659.
(PX 37)
54. The regulations review committee rejected the
regulations partly in response to strong public opposition.
Id.
55. In November of 1979, the SBE, prior to the
adoption of the regulations in April of 1280, found that
Hartford, Meriden, New Britain, Norwalk, New Haven,
Stamford, and Stratford had racially imbalanced schools.
14.
56. At the same time, the education commissioner cited
five Hartford schools for being racially imbalanced, and
li upon the adoption ©f the regulations, the plans for Meriden,
|| Norwalk, New Britain, Stamford, Stratford, Hartford and New
Haven were approved by the SBE. Id.
57. The city of Waterbury, which had previously
entered into a consent decree in a federal enforcement
|! proceeding which was commenced in 1969; see United States
' va. Board of Education of Waterbury, £05 F.24 573 (2nd Cir.
1979); was the subject of further enforcement proceedings
commenced by the state in May of 1985 under the racial
imbalance law and regulations, and in January of 1988 the
state commenced an action against the board in which it
sought a court order by way of mandamus to require the |
implementation of a plan to correct the racial imbalance |
| which existed in some of its schools.
| 11
88. The court file in that case ig still active, and
in accordance with a supplemental order entered by the court
(Maloney, J.) concerning the construction of a new
interdistrict magnet school in the south end of Waterbury,
the Waterbury board of education continues to file regular
reports with the court. Connecticut State Board of
Education vs. Waterbury Board of Education, CV-88-341471S
(Judicial District of Hartford-New Britain at Hartford; see
algo Spec. Sess., May 1992, No. 82-3 § 31).
59. Connecticut is one of only three states that have
voluntarily adopted legislation with self-imposed specific
goals for the purpose of reducing racial imbalance and
| promoting integration in their school districts. (Rossell,
268/57; DX 5.3)
60. No state in the country has a racial imbalance law
that requires interdistrict balancing. (Rossell, 26B/61)
61. The claim of the plaintiffs (Complaint, 9 55) that
the proposed educational parks bill was an appropriate
legislative effort to reduce imbalance and promote
integration at the time that it was rejected by the General
| Assembly is not supported by the evidence because the
plaintiffs’ principal desegregation planning expert did not
know whether such a proposal would have been a viable
remedial option at that time in the Hartford area, and he
also acknowledged that educational parks have never been
included in a court-ordered desegregation plan based on the
approximately one hundred school desegregation cases in
which he had participated. (Gordon, 13/127, 131)
62. At the time of the hearing conducted by the human
rights and opportunities committee of the legislature on the
| proposed educational parks bill on February 7, 1969 (Exhibit
22(e), pp. 78-79), Medill Bair, who was the Hartford
superintendent of schools at the time, referred to Public
Act No. 523 that had been enacted in 1965 to provide state
aid for educationally and economically disadvantaged
children as the first of ‘its kind in the nation, and stated
that many of its features were thereafter incorporated into
Title I (later Chapter I) of the federal Elementary and
Secondary Education Act of 1965 which was enacted six months
later.
63. At the hearing conducted on the educational parks
| bill, Bair algo referred to Public Act 35 which had been
| passed in 1967, and which was the original funding statute
for interdistrict Project Concern contracts, as another law
that had made this state a "pacesetter" for similar state
and national legislation. Id.
12
64. Beginning in 1979, Connecticut’s method for
financing public schools has taken into account the needs of
'! urban school districts by including in the aid formula the
i number Of children from low income famllies, and in 1989, a
| weighting factor based on the number of students who score
| below the remedial standard on the state’s mastery tests was
added to the school aid formula. (PX 73)
65. Since 1970, the state, recognizing that magnet
schools and the programs that they offer tend to improve the
overall quality of education while reducing racial
isolation, has given technical assistance to intradistrict
i magnet schools and the legislature has also authorized
special bond funding for the construction or renovation of
i buildings to house interdistrict magnet schools. Id.
66. The most significant action taken by the state to
address the problem of racial, ethnic and socioeconomic
isolation in the state’s largest urban public school systems
during Gerald Tirozzi'’s tenure as education commissioner
from 1983 to 1991 was the interdistrict cooperative grants
program, which allowed school districts to develop a number
of plans to move students across district lines, and during
his last year as commissioner more than one hundred
districts throughout the state participated in the
development of such plans on a cooperative basis. (PX 494,
| pp. 14-18)
67. The 1986 educational enhancement act addressed the
financial needs of the cities by raising teachers’ salaries
dramatically so that Hartford, New Haven, and Bridgeport
were able to recruit and retain teachers at salaries
comparable to, 1f not higher than, the salary levels offered
by suburban districts, thereby permitting class sizes to be
reduced in those cities. Id.
68. The priority school district program which was
initially funded at three million dollars was intended to
| penefit the urban school districts and almost all of the
grants were equalized so that the poorer communities
received the greatest financial benefit. Id.
69. Connecticut was the first state to factor the
mastery test results into its school aid formula as one of
the measures of a school district’s financial need and where
students do not meet the remedial standards required under
the testing program additional funds are made available.
14. 34.
70. On September 20, 1989, a commission on quality and
integrated education was appointed by Governor O'Neill
pursuant to the second Tirozzi report’s recommendation whose
13
members were selected on a statewide basis and included
legislators, corporate and community leaders, members of
local school boards, parents, educators, and scholars, who
were charged with developing ways to promote quality and
integrated education in this state. (PX 73)
71. The governor’s charge to the commission was to
examine voluntary and cooperative measures or approaches and
there was no discussion about mandatory measures until the
last few meetings when some of the members felt that time
was of the essence because of the conditions that the
commission had found existed, and that therefore the
voluntary or incremental approach would only delay the
remediation of those conditions. (Carter, 1/37-38)
72. The commission’s report which was filed on
December 31, 1990, included "An Open Letter to the People of
the State of Connecticut" by the governor in which he stated
that many students in the state’s educational system were
isolated in schools that were either largely middle class
and white or largely poor and non-white, and that much could
be learned from the experience of other states in seeking to
achieve the "twin goals of quality and integration [but at]
the same time Connecticut’s answers will be particular to
Connecticut, reflecting our special circumstances, history
and heritage." (PX 73)
73. The transmittal letter to the governor stated that
a number of the members of the commission were of the
opinion that voluntary approaches were unlikely to be
adequate and felt that the report should include mandates,
while other members believed that mandates were beyond the
charge of the commission or that mandatory approaches were
not effective, and requested that both Governor O'Neill and
Governor-elect Weicker recognize that "strong arguments
supporting both options have been advanced by Commission
members and Connecticut citizens at public hearings held
across the state.” Id.
74. The transmittal letter also stated that
"[e]lducation cannot shoulder the burden of social change by
itself [and we] now realize that no set of educational
strategies can fully address the myriad social issues that
produce inequality and undermine education [because
substance] abuse, hunger, parental neglect, crowded and
substandard housing and inadequate employment opportunities
disproportionately attack minority children in our state and
divert them from educational opportunity." Id.
75. The commission also noted in its transmittal
letter that it recognized that the state was confronting a
serious budget problem and that while some of its
14
recommendations would not require funding, that others
would... 14.
76. The fact that more progress was not made in
pursuing the objectives outlined in the commission’s report
was not the result of any lessening of the commitment of the
department of education (DOE) to continue to pursue issues
of racial equity, diversity, and the needs of disadvantaged
children. (Williame, 25/77)
77. The creation of the office of urban and priority
school districts in 1992 by Commissioner Ferrandino was an
effort to focus on some of the deficiencies that exist
| within the state’s urban school systems with particular
reference to their depressed standardized test scores. 4.
i pep. 21,147,
75... The first Tirozzi report, which endorsed the
concept of "collective responsibility", was misunderstood at
the time it was issued to mean mandatory student assignment
in spite of the fact that it mandated only "corrective
action" plans to eliminate racial imbalance with the threat
of state intervention only if the voluntary approach proved
to be ineffectual. (PX 494, pp. 35-36, 98-99)
79... After Tirozzi reported back to the SBE, the board
decided that because of the strong negative public reaction
to the coercive elements of Tirozzi I, it would be advisable
to encourage public discussion and thereafter, in accordance
\ with the SBE’'s direction, Tirozzi discussed the matter with
educators, administrators and local officials throughout the
state in the course of the following year. Id., 100-04.
80. As a result of Tirozzi’'s recommendations after his
statewide discussions, the SBE concluded that progress in
dealing with social issues of such complexity could only be
incremental because of the "political realities" of local
control and autonomy, and because educational initiatives
alone could not adequately address or appropriately resolve
the problems of housing, unemployment and poverty. Id.,
136-38.
81. The strong negative response to what appeared to
be the coercive aspects of the first Tirozzi report, and the
i positive public reaction to the second report's voluntary
i
i!
3d |
Hi |
{i
| ii
[I
i!
I
approach, indicated that a meaningful level of integration
could best be achieved in this state by means of a
cooperative, noncoercive planning process. Id., 155-60.
82. Practical and appropriate legislative educational
initiatives that could lead to a meaningful level of
integration should include first, changes in the school
5
funding formula to encourage the movement of children across
town lines, and second, the adjustment of the state’s
proportionate share of school construction costs so as to
give financial inducements to districts that build schools
cloger to their borders, Id. 83. On January 6, 1993, the eleventh day of the trial,
Governor Weicker, in his message to the legislature (PX 90,
Pp. 4-5), noted the positive aspects of Connecticut’s
educational system, such as the fact that the state had the
highest teacher salaries and the best teacher-student ratio
in the nation as well as one of the highest rankings among
the states in per pupil spending.
84. He also acknowledged that the racial and economic
isolation in the state’s school system was "indisputable"
and whether it had come about "through the chance of
historical boundaries or economic forces beyond the control
of the state or whether it came about through private
decisions or in spite of the best educational efforts of the
state, what matters is that it is here and must be dealt
with. 14...
85. He then proceeded to outline legislative proposals
for six educational regions, the development by each region
of a five year plan proposed by local and regional
representative groups to reduce racial isolation, and "to
provide all students with a quality, integrated learning
experience", and emphasized the fact that "[l]ocal decisions
and local involvement will guide the process." 1d4., 9-11.
86. On June 28, 1993, Public Act No. 93-263, (now
codified as General Statutes §§ 10-264a to 10-264b) entitled
"An Act Improving Educational Quality and Diversity" was
signed by the governor. The Act provided a timetable
beginning on January 15, 1994, for the convening of local
and regional "forums" for the purpose of developing regional
"education and community improvement plans" which were to be
voted on by each of eleven regions in the state.
87. Thereafter, the plaintiffs, at the direction of
the trial court, amended the complaint® to state that
Governor Weicker, "in response to this law suit . . . called
on the legislature to address ‘' [tlhe racial and economic
isolation in Connecticut’s school system,’ and the related
educational inequities in Connecticut’s schools."
>The Revised Complaint dated November 23, 1994 (Record
item 201.70) incorporated the amendments as paragraphs 66a
ii and 66b and is the operative complaint that is referred to
| in these findings unless otherwise indicated.
16
88. Paragraph 66b stated that "[a]l]s in the past, the
legislature failed to act effectively in response to the
Governor's call for school desegregation initiatives [and
instead], a voluntary desegregation planning bill was
passed, P.A. 93-263, which contains no racial or poverty
concentration goals, no guaranteed funding, no provisions
for educational enhancements for city schools, and no
mandates for local compliance."
17
III. DOES THE HARTFORD SCHOOL SYSTEM PROVIDE THE PLAINTIFFS
WITH A MINIMALLY ADEQUATE EDUCATION UNDER THE EQUAL
PROTECTION AND EDUCATION CLAUSES OF THE STATE
CONSTITUTION?
89. Historically, racial or ethnic minority group
| membership has been associated with being educationally
' disadvantaged because members of those groups have failed to
succeed in schools at the same levels as most members of the
majority group. {PX 163, pp. 27-28) :
90. The generally poorer academic performance of black
and Hispanic youngsters is explained for the most part by
the social and economic conditions under which their
families live." 18., 28.
91. Two other explanations that have been given,
first, the failure of the schools to offer a program that is
sensitive to the cultural background of minority youngsters
and second, the patterns of institutional discrimination in
the schools that reflect historical patterns of social
discrimination in the larger society, are not applicable
under the facts of this case to the Hartford public schools.
(Natriello, 11/181-82)
92. It is poverty and not race that is a principal
causal factor in lower educational achievement. (Kennedy,
14/74)
93. The problems of the Hartford schools are
compounded by the fact that minorities in the inner cities
are disproportionately poor and the real correlation with
academic achievement is socioeconomic class rather than
race, and being poor in and of itself is a significant
problem in the schools. {PX 494, pp. 11-12)
94. The reason that children who live in poverty do
not do well in statewide academic testing is because they
are poor and disadvantaged and not because they are an
ethnic or racial minority, because poor minority children
exhibit the same patterns as those of their poor white
counterparts, and poverty is the strongest predictor of poor
academic achievement. (PX 42, p. 14)
95. National studies have shown that the concentration
of poverty may have adverse effects on achievement levels
over and above the effects of family poverty. (Kennedy,
14/27-31)
96. In the report of his study of the Hartford school
system, although Gary Natriello did not state any conclusion
with respect to the presence of a separate "concentration
18
effect" in Hartford beyond the effect of individual
! sociceconomic status differences (Natriello, 11/25-26, 164),
| the defendants’ analysis of the test scores acknowledges
}
i
i
|
|
|
{
|
|
| that a higher concentration of students at risk may affect 1
Il achievement, and that "[i]lncreases in the concentration of
students of low economic status within schools seem to be
agsociated with disproportionately higher incidences of
ll academic need.” (PX 70,.p. 17)
97. It is the socioeconomic status of school children
that influences academic performance and that helps to
explain the reduction almost by half of the achievement gap
between black and white students nationally between 1970 and
1990. (Armor, 32/958)
98. The level of achievement that should be attained
i by the students in a particular school district cannot be
| assessed or determined without considering the conditions
that exist in that district which tend to hinder or inhibit
academic attainment, and examples of such factors would
include mobility, limited English proficiency and
socioeconomic status. (Nearine, 24/68-70)
99. If two groups of students that are equal in all
| respects except that one group has a larger percentage of
students with "at risk" factors such as low birth weight
babies and mothers on drugs at birth, the group with a
larger percentage of those characteristics will perform more
| poorly in an educational sense than the group with a smaller
| percentage of those characteristics. (Natriello, 11/4-5)
100. To understand the quality or effectiveness of a
| particular educational program, the effecte of the
. disadvantages that students bring to school with them to
that program must be separated from the effects of the
particular educational programs. (Natriello, 11/8-9, 22-23,
89-91; Crain, 35/79-80)
101. The plaintiffs’ witnesses, with the exception of
| Gary Orfield, agreed that it is important to separate the
effects of poverty from the effects of racial isolation and
that there are ways in which the separate effects of poverty
and racial isolation can be measured statistically. (Armor,
32/19)
102. Natriello’s report considered the disadvantages
that Hartford students bring with them to school in his
review of the quality of educational programs offered in
Hartford, but he did not separate the effects of those
disadvantages from the effects of the particular educational
programs in Hartford that he was assessing. (Natriello,
11/8-9, 22-23)
1s
103. The two purposes served by the state mastery tests
are First, the results inform districts so that they can
improve their programs, correct deficiencies and plan for
the future, and second, they provide the basis for the
disbursement of funds to the districts that do not perform
at or above the remedial standard. (PX 494, p. 84)
104. The mastery testing program was not designed to be
used for purposes of comparison, but was intended to provide
information about individual students and programs for the
use of local school districts so that they could improve
their own particular educational programs. (PX 493,
pp. 146-48)
105. An equally important purpose of the testing
program is to trigger remedial services to the students that
need them. (Natriello, 11/189)
106. Connecticut mastery test results should not be
seen as primarily caused by either the educational delivery
system or by racial imbalance or isolation in the schools
because the results could be importantly related to many
other factors which have not been considered. {DX 310.1)
107. It is inappropriate to use the Connecticut mastery
test data to draw conclusions about the quality of education
in Hartford, unless the effects of important variables such
as socioeconomic status, early environmental deprivations
and diminished motivation to succeed academically, are taken
into account. (Flynn, 31/153-55; DX 10.1)
108. Among the variables that have to be considered in
analyzing the Hartford test scores are the number of
students with limited English proficiency in the district
and the extraordinary mobility of its student population,
both of which are significant factors that contribute to the
depressed test scores of Hartford school children.
(LaFontaine, 14/141-42)
109. As important as the Connecticut mastery test is,
it is always desirable to consider as many perspectives and
indicators as possible in an effort to fairly assess the
academic progress of students at risk, because the academic
success of students is multifaceted, and therefore, it is
best measured by using multiple indicators at different
points in time so as to provide a more complete
understanding of the achievement of students at risk. (PX
70, 05 17)
110. The state mastery tests were never intended to be
the sole source of measuring student performance.
(Margolin, PX 506, p/ 58)
20
111. The use of state mastery test data does not
provide the necessary information to conclude that
educational instructional services in urban schools are
inferior to those in suburban school districts. PX 10.1)
112. The DOE advises against comparing scores among
school districts because it is impossible to identify how
the average student in each school system has performed
without knowing average scores and standard deviations in
addition to other factors that may affect any such attempted
comparisons. (DX 12.16, p. 20)
113. It is an abuse of the purposes of the testing
program to use the test scores as the basis for comparing
the quality of education between schools or school systems.
(LaFontaine, 14/140)
114. An analysis of the 1987 Connecticut mastery test
results conducted by the DOE reported that poverty as
measured by student participation in free and reduced lunch
programs wag a major contributing factor in the disparity in
academic performance between students in Hartford, New Haven
and Bridgeport and those in the rest of the state. (PX 59,
p. 49
115. Any social scientist examining test score
differentials would have to take socioeconomic status into
account before coming to a conclusion. (Armor, 32/23)
116. Virtually all of the differences in performance
between Hartford students and those in other towns, as well
as differences in college attendance, can be explained by
differences in socioeconomic status and the background
factors that sociceconomic status represents. (Armor,
32/30-32, 94-95)
117. It is inconsistent with the purposes of testing to
use collective test scores as the basis for comparing
outcomes between school districts without taking into
consideration the various factors and variables that combine
to create the particular level of test result. (LaFontaine,
14/139)
118. The purpose of the remedial standard was to have a
standard available for the purpose of state funding to
determine which school systems required additional financial
assistance in order to improve the achievement of the
students in those districts that had the greatest need.
(PX 494, pp. 84-86)
119. Although the socioeconomic status of Hartford’s
children declined between 1980 and 1990 and the
21
concentration of poverty has increased during that time, the
i differences in test scores between Hartford’s children and
| those of children throughout the state are not getting any
| larger. Matriello, 11/114-18)
120. Hartford’s teachers are no less qualified than
| teachers in the suburban school districts. (Natriello,
| 11/35; LaFontaine, 14/131)
121. Hartford teachers are very committed and dedicated
| to providing a quality education for their students.
ii (Dudley, 16/147)
122. Hartford’s teacher training program is based on
| the "effective schools" concept which is specifically
|! directed to the needs of urban and minority children.
(LaFontaine, 14/131-32)
123. Hartford should not be considered as a negative
setting for education in that the state is still meeting its
| primary responsibility of educating its school children and
there is some outstanding education going on in its schools.
(PX 506, p. 48)
124. Some of the best special education classes in the
| state can be found in the Hartford city schools, (PX 494,
| pp: 54-55)
125. The Hartford public schools offer .academic
| programs that are sufficient Co meet the basic educational
needs of all its students and also provide other programs
that are required to meet the special needs of its
economically disadvantaged students. (Calvert 30/4-9,
119-21)
126. Hartford public school students are provided with
a level of resources and the level of instruction and an
ongoing systematic program that is similar to that of other
communities inthe state. (PX 493, pp: 132-33)
127. There 1s no professionally accepted definition of
| the terms "minimally adequate education" or "substantive
| minimum level of education." (LaFontaine, 14/139-40)
128. The conclusion reached by Natriello in his report
(PX 163, pp. 231 through 264) entitled "A Descriptive Study
of the Educational Resources of the Hartford Public Schools
and Disparities with Other Districts”, that students in the
Hartford public schools were not receiving a minimally
adequate education was based on the assumptions that the
mastery test data is an appropriate basis from which to
assess the quality of education in Hartford, and that the
22
test scores may also be used as the basis for comparing the
| quality of education between schools or school systems.
| (See Finding Nos. 102, 104-11, supra.)
129. His conclusion was also based on three state
| documents which "provide an indication of evolving state
standards and goals requiring quality education" as follows:
| "Guidelines for Equal Educational Opportunity of Connecticut
| State Board of Education” (PX 39), "Policy Statement on
| Equal Educational Opportunity" (PX 43), and the report of
| the governor's commission on quality and integrated
education. (PX 73)
| 130. His report also referred to the "Common Core of
| Learning" as the most current and comprehensive statement of
'| goals for Connecticut education which could be used as
|| "benchmarks" against which to judge the performance of the
I! Hartford public schools. ~ Id., pp. 231, 263.
131. The Common Core of Learning (PX 45) cannot be used
to measure whether students are receiving a minimally
adequate education because it consists of a series of
expectations rather than a formal assessment of what
students actually know. (PX 494, pp. 82-83)
132. Despite the fact that the collective mastery rest
results show that many of the students in the Hartford
schools are performing below the remedial level, they are
receiving at least a minimally adequate education in the
sense that a minimally adequate education is one that gives
i a child a chance of leading a successful life. (PX 506,
1. op. 85=88)
DOES THE HARTFORD SCHOOL SYSTEM PROVIDE EQUAL
EDUCATIONAL OPPORTUNITIES TO THE PLAINTIFFS UNDER THE
EQUAL PROTECTION AND EDUCATION CLAUSES OF THE STATE
CONSTITUTION?
133. Equal educational opportunity is a progressive and
dynamic concept which may change or may need to be changed
because educators constantly seek improvement in educational
standards in the face of changing conditions. (Natriello,
11/128)
134. The SBE defined "equal educational opportunity" in
a policy statement that it adopted in May 7, 1986 (PX 43) as
"student access to a level and quality of programs and
experiences which provide each child with the means to
achieve a commonly defined standard of an educated citizen."
135. "Connecticut’s Common Core of Learning" (PX 45a)
was adopted by the SBE on January 7, 1987 "as its standard
of an educated citizen" and of what it believed "ought to be
the outcomes of education in the public schools."
136. The Common Core of Learning is a statement of
ambitious goals and high expectations (PX 163, p. 263) and
was intended to be a catalyst for school improvement rather
than a state mandate or a standard for assessing the quality
of education in a particular school system. (PX 494,
Pp. 82-83)
137.In addition to the fact that the state's
definition of equal educational opportunity in terms of an
"educated citizen" is a long range goal rather than a formal
assessment of what academic skills and knowledge high school
graduates should have, it is not a useful measure of
educational quality because it also includes student
attributes and attitudes which cannot be assessed, such as
self-concept, motivation and persistence, responsibility and
self-reliance, intellectual curiosity, interpersonal
relations, sense of community, and moral and ethical values.
(PX 163, D.. 263)
138. If the existing state educational policy goal that
"no group of students will demonstrate systematically
different achievement based upon the differences . . . that
its members brought with them when they entered school"
(PX 39, 43) were to be applied as a standard for access to
equal educational opportunity, such a standard could not be
met until the students in all school districts were
performing at the same level, a goal that has never been
attained by any existing educational system. (Natriello,
11/136,.:142)
| i
|
|
{1
139. Hartford and its surrounding towns are scoring at
the level that one would expect if the dramatic differences
between them in poverty levels are taken into account, and
therefore, the test score data does not permit conclusions
or inferences to be drawn that an equal educational
opportunity is not being provided. (Armor, 32/94-95)
140. The disparity in test scores does not indicate
| that Hartford is doing an inadequate or a poor job in
1 educating its students or that its schools are failing,
because the predicted scores based upon the relevant
| socioeconomic factors are about at the levels that one would
| expect when adjustments are made for those differences. Id.
141. Teachers and educational administrators have no
. control over where their students live or the conditions
' under which they live nor can they be expected to attend to
their physical and psychological health needs and although
i educators in the lmmer cities must deal with at least some
{ of those problems, they are not in a position to address,
| much less to remedy, the disadvantages that they bring with
them when they enter the educational system. (Calvert,
31/121)
142. There are no educational strategies or initiatives
that can fully deal with the complex social issues that
i produce inequality and undermine education because substance
| abuse, hunger, parental neglect, crowded and substandard
| housing and inadequate employment opportunities
td
"disproportionately attack minority children in our state
and divert them from educational opportunity." (PX 73)
143. An equal opportunity in the educational sense of
that term is being provided to the children of a particular
school district if they are provided with the level of
resources, competence in terms of instruction and an ongoing
systematic program that is gimilar {© that of other
communities in the state, and under that definition.the
educational programs and curriculum that are being offered
in Hartford provide equal educational opportunity to its
students. {(Ferrandino, PX'493, pp. 132-33)
25
|
|
|
i
| |
HB
|
| {
ii
Vv. THE NATURE AND SCOPE OF THE REMEDY.
144. The plaintiffs have brought this action to obtain
Judicial relief from allegedly ineffective or belated
| legislative action and inaction in the face of
recommendations from the executive branch that appropriate
action be taken to remedy the conditions which are the basis
for their complaint. (Carter, 1/55; Allison, 12/24-26)
145. More specifically, the plaintiffs seek to have the
court direct the Hartford school district and the twenty-one
suburban school districts "to address these inequities
Jointly {andl ito reconfigure district lines, or to take
other steps sufficient to eliminate these educational
l} inequities.” {Complaint 9% 720)
146. The present racial, ethnic and socioeconomic
| concentration and isolation of the school children in the
| Hartford public school system on the basis of their
| residence is principally the result of social and
demographic patterns of change that have occurred over the
past thirty years in the Hartford metropolitan area.
(Findings No. 26 through 28, supra)
147. The single most important factor, other than the
|. demographic changes that took place during that period, was
the action taken by the legislature in 1909 to consolidate
| the then-existing school districts in the state so that town
boundaries would eventually become the dividing lines
| between all of the school districts in the state. (Finding
| No. 22, supra)
148. The boundaries of the Hartford public school
district became coterminous with the Hartford town
ll boundaries in 1941. (See Revised Stipulation of Facts,
June 6, 1995, 4 214.)
149. In order to deal effectively with the issues of
racial, ethnic and economic isolation that have been raised
in this action, and their impact on educational outcomes,
school district lines would have to be redrawn. (Foster,
21/132, 149-150)
150. Connecticut’s responses to the racial, ethnic and
economic isolation of the public schools in Hartford and in
| other major cities of the state, as stated in the report of
the governor's commission on quality and integrated
education (Finding #58, supra), must be "particular to
Connecticut reflecting our special circumstances, history,
and heritage." {PX 73)
26
151. The findings that have been made in parts I
| through part IV herein establish that over the course of the
last thirty years, the public policy of this state as
reflected in the legislation that has been enacted to
maintain and enhance educational quality, and to address the
racial, economic and ethnic imbalance and isolation of its
urban schools, has been to rely upon voluntary and
cooperative action by town-school districts. Id.
152. The relief requested by the plaintiffs in this
case includes the integration of the public schools in the
greater Hartford metropolitan region for the purpose of
eliminating economic, as well as racial and ethnic
isolation. (Complaint, Request for Relief, § 1c, p. 30)
153. The principal witness called by the plaintiffs to
state an opinion as to the appropriate remedy, and the
1 nature and scope of judicial relief, stated that the
desegregation planning process mandated by the federal
courts following a finding of de jure segregation could be
effectively applied to remediate the conditions of racial,
ethnic and economic isolation that exist in the Hartford
| metropolitan area. (Gordon, 13/83-85)
154. Gordon acknowledged that the remedial planning
process would be more complicated in this case because of
the fact that the remedy sought by the plaintiffs would
include economic, as well as racial and ethnic,
interdistrict desegregation measures. Id.
155. Although there is general agreement that
conventional educational approaches are inadequate to
address the special problems of the urban poor, in the
opinion of the plaintiffs’ expert witnesses, "schools can
| make a difference" in the sense that the problems of poverty
can be appropriately addressed by the public schools 1f they
had sufficient resources to deal with the disadvantaging
characteristics that poor children bring with them.
(Slavin, 19/78-81; Natriello, 8/95)
156. Their opinions are clearly inconsistent with the
| unanimous and apparently undisputed finding of the
. governor's commission on quality and integrated education
that there were no educational strategies or initiatives
that could fully deal with the larger issues of poverty,
unemployment, housing, health, substance abuse, hunger,
parental neglect, and crowded and substandard housing.
(Carter, 1/51; PX 73, p.+5; Finding No. 70, supra)
157. There are no existing standards or guidelines that
educators, social scientists or desegregation planners can
offer or recommend in order to achieve the proper racial,
27
ethnic and socioeconomic balance in the school districts of
the Hartford metropolitan area. (Trent, 7/134; Gordon,
13/149-151)
158. Mandatory student reassignment plans to achieve
racial balance, whether intradistrict or interdistrict, are
ineffective methods of achieving integration, whether they
are mandated by racial imbalance laws or by court order.
(Rossell, 26B/34)
159. Proposed solutions to the problems of racial,
ethnic and economic isolation which rely on coercion and
which fail to offer choices and options either do not work
or have unacceptable consequences. (PX 398, p. 8; Tirozzi,
PX 494, pp. 92-93)
160. Moreover, reliance on coercive measures alone,
without providing quality education and maintaining it at
the appropriate levels throughout the region, do not seem to
| work and further produce the outcomes that are educationally
desirable. (Foster, 21/158-61)
161. Integration in its fullest and most meaningful
sense can only be achieved by building affordable housing in
suburban areas in order to break up the inner city ghettos,
and by making urban schools more attractive for those who
live outside the city. {(Tirozzi, PX 494, p. "34; Mannix,
PX 495, pp. 22-23)
/ /
// 7/
ods pin rnd Lz
Ph x74 4 YA 2
Harry Hammer
Trial Judge
vd
28
|
|
|
i
|
|
{
|
| {
i
NOTICE SENT: june 27, 1995
MOLLER, HORTON & SHIELDS, P.C.
MARTHA STONE
PHILIP D. TEGELER
JOHN BRITTAIN
WILFRED RODRIGUEZ
RICHARD BLUMENTHAL, ATTORNEY GENERAL
BERNARD F. MCGOVERN, ASSISTANT ATTORNEY GENERAL
MARTHA WATTS PRESTLEY, ASSISTANT ATTORNEY GENERAL
GREGORY T. D’/AURIA, ASSISTANT ATTORNEY GENERAL
CAROLYN K. QUERIJERO, ASSISTANT ATTORNEY GENERAL
MARIANNE ENGELMAN LADO
THEODORE SHAW
DENNIS D. PARKER
SANDRA DEL VALLE
CHRISTOPHER A. HANSEN
CLERK, HARTFORD J.D. (CV389-03609775)