Defendants' Revised Proposed Findings of Fact

    5.Cw 15255 

MI1Oo SHEFF, ET AL. : SUPREME COURT 

V. 

WILLIAM A. O'NEILL, ET AL. : JUNE. 6, 1995 

DEFENDANTS’ REVISED PROPOSED FINDINGS OF FACT 
  

I 

The following are proposed findings of fact submitted in 

addition to the facts contained in the parties’ revised joint 

stipulation of facts and submitted pursuant to the order of the 

Supreme Court dated May 11, 1995: %/ 

A 

Have The Plaintiffs Proven That The State Has Violated 

The Equal Protection Clauses, the Due Process Clause Or 
The Education Article Of The Connecticut Constitution? 

  

Each proposed finding of fact is based on the evidence 
presented, and therefore the circumstances prevailing, at 

the time of trial - December 1992 through February 1993.  



  

1. Trends In The Distribution Of Students 

By Race And Ethnicity. 
  

1 The African-American population patterns in the 22 town 

region during this century have been dynamic and unpredictable. 

{(Steahr, Vol. 23, pp. 20-21, .80-81; DX 1.14) 

2. The percentage of African-American residents in 

Hartford has declined from 88% in 1970 to 65% in 1980 to 68% in 

1990 to 63.7% in 1992. {Steahr, '¥0l.. 23, PP. 35=37; DX 2413) 

3. Between 1970 and 1980, the African-American population 

in the 21 suburban towns increased by 141.1% and by 74.4% between 

1980 'and 1990. (DX 1.4) 

4. From 1980 to 1990, the Latino population in the 21 

suburban towns increased by 128.8% and the Latino student 

population grew by 122.2%. (DX 1.5) 

5. There have been significant increases in Latino 

population in East Hartford, Manchester, West Hartford, Vernon 

and Windsor. (Steahr, Vol. 23, p. 40) 

 



  

2. The Current Distribution Of Students By 
Race And Ethnicity 
  

6. There is no professionally agreed upon standard for 

racial, ethnic and socio-economic balance in schools which can be 

applied to schools in Hartford and the 21 suburban towns. 

(Carter, Vol. 1, pp. 33-34; Senteio, Vol. 3, pp. 51; 

Martinez-Pitre, Vol. 6, pp. 45-46; Trent, Vol. 7, pp. 81, 134; 

Natriello, Vol. 11, p. 144; Allison, Vol. 12, pp. 72-75, Gordon, 

Vol. 13, p. 1439; “Vol. 14, pp. 76-79; laFontaine, Vol. 14, pp. 

114-120; Haig, Vol. 18, pp. 111) 

7% Changes in the demographic composition of Hartford and 

the 21 surrounding suburban towns have occurred because of 

individuals’ choices about their residences. {(Steahr, Vol. 23, 

P. 67; Armor, Vol. 32, p. 129; DX 11.21~11.25) 

8. The state has not taken any action that would encourage 

any individuals to choose any racially imbalanced residential 

settings. (Armor, Vol. 32, p. 129) 

3. Students’ Socio-Economic Status In 

Hartford Metropolitan Area Schools. 
  

 



  

0. Racial isolation and the condition of students living 

in poverty can and do exist as separate conditions. (Rossell, 

Vol. 27, pp. 56-58; Armor, Vol. 32, p. 19) 

10. i Individual socioeconomic status (7SES”), primarlly 

poverty, has the largest impact on lack of student achievement 

when measured for large groups of students. (Natriello, Vol. 8, 

Pp. 64-65; Armor, Vol. 32, p. 2l;:Crain, Vol, 35, p. 76) 

11. To understand the quality or effectiveness of a 

particular educational program, the effects of the disadvantages 

that students bring to school with them to that program must be 

separated from the effects of the particular educational program. 

(Natriello, Vol. 11, pp..5, 9, 22-23,.89, 91; Crain, Vol. 35, pp. 

79-80) 

12. None of the plaintiffs’ witnesses conducted a study in 

which they reviewed the quality of the educational programs 

offered in Hartford by separating the effects of the 

disadvantages that Hartford’s students bring with them to school 

from the effects of the particular educational programs in 

 



  

Hartford. (Natriello, Vel. 11,/pp. 8, 9, 22-23, B8%,"91; Crain, 

vol.*35, pp. 79-80; Trent, Vel..7,'p. 100, 118-22; Kennedy, Vol. 

14, pp. 74) 

13. Differences in SES are the primary factor in explaining 

the differences in student performance on the CMT across the 

state. (DX 12.14, pp. Vv, vi; PX 59, p. 5; Haig, Vol. 18, p. 925) 

14. 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 

with ”at risk” characteristics will perform more poorly in an 

educational sense than the group with a smaller percentage of 

those students with ”at risk” characteristics. (Natriello, Vol. 

11, Pp. 4=5) 

15. Virtually all of the differences in performance between 

students in Hartford and students in the 21 suburban school 

districts on the CMT are attributable to differences in SES and 

 



to the background factors that SES represents. {(Avmor, Vol. 32, 

pp. 30, 93-94) 

16. Virtually all of the differences in the rate of 

attendance at four year colleges between Hartford students and 

the students of the 21 suburban school districts are attributable 

to SES and to the background factors that SES represents. 

(Armor, Vol. 32,.pp. 30, 93-94) 

17. When SES factors are taken into account, CMT and other 

standarized test scores for Hartford students and for suburban 

students, as groups, do not establish any inequality of programs 

between Hartford and the suburban schools. (Armor, Vol. 32..p. 

94-95) 

18. Studies of Project Concern which controlled for 

SES-related background factors have not shown that Project 

Concern students, African-American Hartford students who attended 

school in suburban school districts, have had any greater 

academic achievement than they would have had, had they remained 

 



  

in "Hartford publicischools. {DX 13.19, pp. 26-27, DX.13.20, Pp. 

87) 

19. When measured with appropriate controls for SES-related 

background factors, Project Concern had no statistically 

significant effect on Project Concern students dropping out of 

high school, on the number of years they completed in college, on 

their later life incomes, or on their contact with whites. 

(Crain, Vol. 10, pp..75-77, 105-108, 128-133) 

20. The amount of time a student spent in Project Concern 

had no significant bearing on the student’s academic achievement. 

(Armor, Vol. 32, Pp+ 117-1192 'DX 11.26 (Tables. 4 and 5)) 

21. The only group of Project Concern students who 

demonstrated better academic performance than students in 

Hartford schools are those students who volunteered for Project 

Concern, and who finished their educations in the suburban school 

district regardless of the amount of time spent in the suburban 

school district, reflecting a phenomenon known as “self-selection 

bias.” (DX 11.26, Tables 3 and 5) 

 



  

22+. "NO study has shown that students who finished their 

educations in Project Concern would not have done as well 

academically, if those students had remained in the Hartford 

public schools. (Crain, Vol. 355 Pp. 103) 

23. The gap between the SES of children who live in 

Hartford and the SES of children who live 1n the 21 suburbs has 

been increasing. (Natriello, Vol. 11, PDP. 114-116; DX 8.1, 8.2) 

24. Despite the increasing SES gap between children who 

i live in Hartford and in the suburbs, the gap in CMT scores as 

between Hartford’s children and the CMT scores of children 

statewide is not getting any larger.  (Natrielle, Vel. 11, pp. 

114-116) 

4. Disparities In Educational Outcomes. 
  

25. Among other things, Hartford students score lower on 

the CMT than the state average (1) because many Hartford students 

move among Hartford schools and/or move in and out of the 

Hartford school district, and (2) because many Hartford students 

 



  

are still learning the English language. (Shea, Vol. 3, p«:140; 

Nearine, Vol: 24, pp. 68-69; Negron, Vol. 2, pp. 15-16) 

26. The primary purpose of the Strategic Schools Profiles 

(”SSP”) is (1) to make school districts accountable for 

compliance with their legal requirements and (2) to be a vehicle 

for school-based improvement. (Rindone, Vol. 29, pp. 80-31) 

27. Because the newness of the SSP program, the 

Commissioner of Education has instructed school superintendents 

not to use SSP data to make comparisons between their district 

and other districts or between schools in their district and 

schools in other districts. {(Rindone, Vol. 29, pp. 81, 146-147) 

28. The CMT was not developed to compare or to contrast 

student performance in one school district with student 

performances in other districts. (Nearine, Vol. 24, p. 65; DX 

12.16, p. 20; PX 290-308) 

 



  

29. The CMT measures a relatively narrow part of students’ 

achievement. (PX 493; Ferrandino Deposition, p. 37; Natriello, 

Voli.ll, Dp. 189) 

30. The rate of Hartford public school students who 

participate in the CMT is higher than the participation rate of 

other large cities in the state. (Nearine, Vol. 24, p. 73) 

31. Once Hartford students start school, they make academic 

progress from year to year. (Natriello, Vol. 11, p. 80; 

LaFontaine, Vol. 5, p. 152; Nearine, Vol. 24, pp. 114-117) 

32. While changing the racial composition of a school alone 

may have some social benefits, it will have no beneficial effect 

on educational achievement. (Armor, Vol, 31, p. 120; ‘Slavin, 

Vol. 20, pp. 71-73; Rossell, Vol. 27, p. 63; DX 12.25) 

33. The difference in academic achievement between 

African-American and white students, as statistically measured on 

a nationwide basis, has declined every year for the past forty 

-10- 

 



years and is projected to disappear in approximately thirty 

years. (Rossell, Vol. 27, p. 63) 

34. The nationwide closing of the gap between 

African-American and white student achievement 1s due to the 

continual improvement in the socio-economic status of 

African-American status as a group. (Rossell, Vol. 

35. There is no empirical evidence about the effect of 

changing the racial composition of schools on the educational 

achievement of Latino students of Puerto Rican ancestry. 

(Morales, Vol. 18, pp. 47-49; Crain, Vol. 10, p. 99; DX 12.25, Pp. 

13; BY 58, pridd) 

36. There are no reliable studies that establish the 

plaintiffs’ claim that a concentration of poor children in a 

school as distinguished from the impact of poverty on the 

academic achievement of an individual poor student, has an 

additional adverse affect on the overall academic achievement of 

all children, both poor and non-poor (the plaintiff’s claimed 

 



  

so-called concentration effect”). (Rennedy, Vol. 14, pp. 75-76; 

Natriello, Vol. 11, Dp. 25-26) 

37. The section of Dr. Mary Kennedy'’s report on the federal 

Chapter I program from 1984 to 1986 dealing with ”the 

concentration effect” was researched and written by a Dr. David 

Meyers of the Decision Research Corporation, who concluded that 

poverty concentration by itself did not have a ”large effect” on 

academic achievement. (Rennedy, Vol. 14, pp. 75-76) 

38. In judging the effectiveness of a school, student 

learning is a more important measure than achievement. (Kennedy, 

Vol. 14, Pp. 27) 

39. Attending a high poverty concentration school does not 

have a statistically significant effect on the rate of learning 

when measured with appropriate controls for SES. (Kennedy, Vol. 

14, pp. 78-80; PY 2419, p. 22,:24; PX 163, pv. 132 (Fig. 29)) 

40. There has been no study done as to whether Hartford’s 

CMT or other standardized test scores showed any separate 

-12- 

 



  

"concentration effect” beyond the effect of individual SES 

differences. (Natriello, Vol. 11, pp. 25-26,.164) 

41. Any “concentration effect,” 1f it in fact exists, ‘can 

be offset by program measures. (Natriello, Vol. 11, pp. 7175-176; 

Kennedy, Vol. 14, p. 59) 

B 

Have The Plaintiffs Proven That They Have 
Been Denied Their Rights To A Free Public 

Education Under The Education Article Of The 

State Constitution? 

42. Hartford’s staffing patterns are consistent with the 

needs of its students. (Natriello, Vol. 11,.p. 34) 

43. The Hartford public schools’ classroom teachers and 

administrators are as well qualified in terms of education and 

experience as are teachers and administrators in the 21 suburban 

school districts. (Reaveny, Vol. 25, p. 15; LaFontaine, Vol. 14, 

DO. 131; Wilson Vol. 4, pp. 9, 28-29; Negron, Vol. 2, p. 7; 

Pitoceco, Vol. 6, p. 70; Natriello, Vol. 11; p. 35) 

-13~- 

 



  

44. The first year teachers whom the Hartford school 

district has been hiring have been performing well. (Wilson, 

Vol. 4D. 9) 

45. Some Hartford schools offer their students a more 

comprehensive array of health services designed to address the 

greater health problems of disadvantaged children than 1s offered 

in suburban schools. (DX'23, 14; Griffin, Vol. 11, p..107; 

Negron, Vol: 2, pp. . 10-12; Montanez-Pitre, Vol. 6, Pp. 11, 42-43) 

46. Hartford offers a comprehensive bilingual educational 

program and English as a second language (”ESL”) program for 

students whose second language is Spanish or for students who 

come from homes in which languages other than English and Spanish 

are spoken. (LaFontaine, Vol. 5, p. 127, Vol. 14, p. 132; 

Marichal, Vol. 20,:PP« 11-12; PX 43%, Pp. 5) 

47. No suburban district offers any such program as large 

and as comprehensive as Hartford’s bilingual education program or 

ESL iprogram. (Marichal, Vol. 20, p. 60) 

-14- 

 



  

48. Hartford public schools offer special programs directed 

to the specific needs of its students such as programs delivered 

in Portuguese and Spanish for students to retain their native 

languages, the history of African-Americans, the history of 

Puerto Rico, Latin American studies and key parts of the business 

education program delivered in Spanish. (Calvert, Vol. 30, pp. 

4-5, . Pitocco, Vol. 6, Pp. 83=89) 

49. Hartford has preserved its gifted and talented program, 

when many other districts including West Hartford have been 

forced by budgetary constraints to eliminate their programs. 

(Senteioc,; Vol. 3, p.. 32; ‘Lemega, "Vol. 29, p. 12) 

50. Suburban school districts have been forced to make 

substantial reductions in their programs for fiscal reasons. 

(Pitocco, Vol. 6, pp.~-87-88; lemega, Vol. 29,. pp. 11-18) 

51. Because of fiscal constraints, the West Hartford school 

district has eliminated over the past three years its computer 

program in its middle schools, non-statutorily mandated 

counselling and speech therapy, its career and vocational 

-15=- 

 



counselling program, and full-day kindergarten in all but three 

schools. (Lemega, Vol. 29, pp. 13-15) 

52. Since 1929 the West Hartford school district has 

eliminated 20 full-time equivalent teaching positions and 5.5 

full-time equivalent administrative positions. (Lemega, Vol. 29, 

DP. 16) 

53. Hartford’s 31 school buildings do not differ 

substantially from school buildings in the 21 suburban school 

district in terms of key facilities. (DX:38.13) 

54. Hartford’s school buildings are generally well 

maintained. (PX 153,.5-1, 5-2; Calvert, Vol. 30, pp. 29, 

55. The state has never turned down a request from Hartford 

for state reimbursement for a school construction, expansion or 

renovation project. (LaFontaine, Vol. 5, pp. 171-172; Brewer, 

Vol. 28, D.:20) 

56. Decisions about the location of school buildings and 

about whether to start, to delay or to postpone a construction or  



  

renovation project are made exclusively by local officials. 

(LaFontaine, Vol. 5, p...172; Brewer, Vol, 28, pp. 15-16) 

57. In terms of net current expenditures per pupil for 

1990-91, Hartford ranked as the third highest spending district 

in the area, with only Bloomfield and Wethersfield spending more. 

(Natriello, Vol. 11, pp. 92-93) 

58. The Hartford school district’s relatively lower 

spending in the areas of (a) pupil and instructional services, 

(b) textbooks and instructional supplies, (c) library books and 

periodicals, and (d) equipment and plant operations has resulted 

from decisions of the Hartford Board of Education to allocate its 

resources to other areas, particularly school employee fringe 

benefits. (DX 7.9, Pp» 1; Brewer Vol. 28, pp. 142-143) 

59. If the Hartford school district had paid the state per 

pupil average in employee fringe benefits from 1980 to 1992, 1it 

would have had sufficient funds over that period to cover the 

differentials in the categories of (a) pupil and instructional 

services, (b) textbooks and instructional supplies, (c) library 

-17- 

 



  

books and periodicals, and (d) equipment and plant operations. 

(Brewer, Vol. 28, p. 142; Natriello, Vol. 11, p. 62) 

60. There are no significant differences in the mean ages 

and the mean experience levels among the teaching and 

administrative staffs of Hartford, New Haven and Bridgeport. 

(Brewer, Vol. 28, pp. 43, 7146-147; PX 427) 

61. No independent study has been done to determine whether 

it has been necessary for the Hartford school district to pay 

higher employee fringe benefits to attract and to retain 

qualified teachers and administrators. (Natriello, Vol. 11, p. 

63) 

62. From the 1989-90 school year to the 1990-91 school 

year, the Hartford Board of Education almost tripled its per 

pupil and per school expenditures for library books. (DX 7.12) 

63. Hartford spends sufficient funds on textbooks and 

supplies to make the basic learning materials available to its 

-18- 

 



  

students and teachers. (Negron, Vol..l, P. 73; Calvert, Vol. 31, 

Pp. 94-95, 102) 

64. Across-the-board differences in spending do not 

generally have an effect on student outcome measures. (Kennedy, 

Vol. 14, Dp. 74) 

65. There is no definition of ”equal educational 

opportunity” accepted uniformly by educators and social 

scientists. «(See Davis, Vol. 5, pp. 88-89; Anderson, Vol. 6, p. 

123; Pitocco, Vol. 6, pp. 83-84; Braddock, Vol. 5, p. 28; Crain, 

Vol. 10, pp. "70:2 Willie, Vol. 15, p.: 35; Natriello, Vol. 12, p. 

128; PX 493, Ferrandino Deposition, pp. 132-133) 

66. Hartford public school students are provided with a 

level of resources and a level of competent instruction in an 

ongoing systemic program that is similar to that of other 

communities in the state. (PX 493, Ferrandino Deposition, pp. 

132-133; Calvert, Vol. 30,:pPp. 4, 119) 

-19- 

 



  

67. A student in Hartford public schools receives an 

education of a quality that gives him or her the chance to lead a 

successful adult life. (PX 506, Margolin Deposition, pp. 55-56; 

PX 493, Ferrandino Deposition, p. 134) 

68. There is no professionally accepted definition of a 

"minimum adequate education” or “substantive minimum level of 

education.” (LaFontaine, Vol. 14, pp. 139-140) 

-20- 

 



Has The State Been Taking Appropriate Action To 
Address Racial, Ethnic and Socio-economic 
Isolation And Education Underachievement Of Urban 
Children In Poverty 

1. State Involvement In Education Historically. 
  

69. Connecticut has always been a leader in the field of 

public education. (Collier, Vol. 16, pp. 23, 71-72) 

70. The quality of public education in Connecticut has 

improved continuously over the past 200 years. (Collier, Vol. 

16, pp. 9-10, 23, 56-57) 

71. As late as 1979, state officials believed that 

intradistrict racial balancing could achieve student racial 

diversity in Hartford and in other cities. (Allison, Vol. 12, 

12) 

2. State Involvement Today. 
  

Ee 

 



  

72. Connecticut is one of only three states in the country 

to pass voluntarily legislation requiring racial balance within 

school districts (Conn. Gen. Stat. §10-226a et seq.) (Rossell, 

Vol. 263, "Dx .57) 

73. Connecticut is one of only seven states in the country 

that voluntarily has appropriated state funds to promote racial 

and ethnic diversity in its schools. (Rossell, Vol. 26B, p. 44) 

74. No state has a racial balance law that requires 

interdistrict balancing. (Rossell, Vol. 26B, p. 61) 

75. The Interdistrict Cooperative Grant Program has 

maintained its appropriation at a time when most other state 

education grant programs have suffered cuts in funding because of 

the state’s difficult fiscal circumstances during the latter 

1980s and 1990s. (Allison, Vol. 12, p.. 88; Williams, Vol. 25, 

pp. 76-77) 

-22- 

 



  

76. Interest by school districts in the Interdistrict 

Cooperative Grant Program has grown significantly since its 

inception. (Williams, Vol. 24, pp. 58-60) 

77. «. The state funds education in such a way as to glve 

districts like Hartford, which serve a high proportion of 

students who come from impoverished backgrounds and, as a whole, 

have relatively lower achievement scores, funds in excess of 

wealthier districts whose students, as a whole, have higher 

achievement scores so as to eliminate the poorer, lower achieving 

districts’ initial disadvantage and put such districts on an even 

footing with wealthier, higher achieving districts. (Rossell, 

Vol. 26B, pp. 40-42;"DX 5.1) 

78. Connecticut’s formula for reimbursement for special 

education costs gives Hartford a higher reimbursement rate than 

the 21 suburban school districts and thereby makes Hartford’s 

ability to meet the needs of its special education students 

comparable to the burden of the suburban school districts. (DX 

7.3) 

-23= 

 



  

D.   

The Problems Associated With Racial, Ethnic, And 
Socio-economic Conditions And Educational 

Underachievement Presented In This Action Are Matters 

For the General Assembly 

1. Integration And Its Effects. 
  

79. State education leaders have taken the position that 

student diversity is promoted most effectively by voluntary 

programs and measures. (PX 494, Tirozzi Deposition, pp. 154-156; 

PX 493, Ferrandino Deposition, pp. 86-87) 

80. Voluntary measures are more effective than mandatory 

measures in achieving successful long term racial and ethnic 

diversity in schools. (Rossell, Vol. 26B, pp. 26-28; Vol. 27, p. 

33; PX 493, Ferrandino Deposition, p. 117; DX 5.4 =~ 5.12) 

81. Voluntary measures to achieve racial and ethnic 

diversity are preferred by parents of all races and national 

origins. (Ferree, Vol. 25, p. 165; Rossell, Vol. 27, pp. 

172=173:.DX 4.1, Pps 11-12; DX 42, pp. 11-13) 

-24- 

 



82. To the extent that there is any measurable positive 

impact on academic achievement from implementation of plans to 

promote diversity in schools, voluntary plans or programs work 

better than mandatory plans or programs. (Armor, Vol. 32, D- 

121: PY 58, 1p. 2) 

83. When courts in some parts of this country started to 

issue orders against school systems that were segregated by law 

on the basis of race, social scientists believed that such 

court-ordered desegregation of schools would improve the academic 

achievement of African-American students. (Armor, Vol. 33, p. 

83) 

84. Studies done by social scientists on the effects of 

court-ordered desegregation have not shown any significant 

academic improvement in African-American students. (Slavin, Vol. 

19, pp.+71~73; Armor, Vol. 33, p. 83; PX 58, S8Schofeld Report, p. 

10-19; PX 455, Orfield Report on San Francisco’s Desegregation 

Consent Decree, pp. 1, 5, 30) 

 



  

85. There is virtually no statistical evidence on the 

impact of desegregation court orders on the academic achievement 

of Latino students. (PX 53, Schofield Report, pp. 10, 19-20) 

86. The Boston public schools’ student population was 64% 

white, 30% African-American and 6% other, when the federal 

court’s desegregation plan was implemented in 1970, and by 1975, 

it was 49% white, 39% African-American and 12% other groups. 

(Willie, Vol. dS, pp. 108-109) 

87. At the time of this trial, the Boston public schools’ 

student population was 20% white (Willie, Vol. 15, p. 109; 

Rossell, Vol.:27, Pp.--13, 17-138) 

88. Under a court-ordered desegregation plan for the St. 

Louis school district based on de jure segregation, the transfer 

of 13,500 African-American students from the city to the suburban 

schools left the white enrollment in city schools one percentage 

point higher than it was twelve years earlier, before the plan 

was implemented. (Orfield, Vol. 22, pp. 76-80) 

-2 6- 

 



89. Restructuring the educational systems of Hartford and 

the 21 surrounding suburban school districts alone will not 

overcome the socio-economic problems that inhibit the academic 

achievement of poor urban children. (Carter, Vol. 

Orfield, Vol. 22,:p. 54; Calvert Vol. 30, p. 121, 

20-21, 141-142) 

2. Steps Toward Integration. 
  

90. Social programs that make it possible for poor families 

to raise their socio-economic status are what help poor children 

raise their level of academic achievement. (Armor, Vol. 32, p. 

121; . Natriello, Vol. 11, pp. 6-7) 

91. There is no agreement as to how best to apply the 

state’s resources in order to overcome or ameliorate the effects 

of ”at risk” disadvantages on these students’ educational 

performance. (Natriello, Vol. 11, p. 6) 

92. With limited resources, the best and most economical 

way to address ”at risk” factors that impede educational 

 



  

performance is to prevent such ”at risk” factors from developing 

in the first place. (Natriello, Vol. 11, p. 7) 

93. Forty-six percent of Hartford students who started 

Project Concern between 1966 and 1971 left Project Concern and 

returned to the Hartford school system. {Armor , ¥ol. 32, p. 105; 

PX. 11.26 (Table 1)) 

94. Some Hartford students are performing on the highest 

end of the performance scale on the MAT. (Nearine, Vol. 24, p. 

96) 

II 

The following are proposed findings of fact, drawn 

exclusively from the contents of the memorandum of decision dated 

April 12, 1995, which support the trial court’s judgment. 

1. No child in Connecticut has ever been assigned to a 

school district in this state on the basis of race, national 

origin, socio-economic status, or status as an ”at risk” student. 

-28- 

 



  

Rather, children have always been assigned to particular school 

districts on the basis of their town of residence. (Tirozzi 

Affidavit; MOD 18»19) 

2 A majority of the children in Hartford are receiving at 

least a “minimally adequate education,” as defined by the 

plaintiffs, even though as a group, the mastery test results 

showed that many of them were performing below the remedial level 

since those tests were never intended to be the sole source of 

measure student performance. (Margolin Deposition, PX 506 

PD .55~58,; MOD. 25-26) 

3. Minorities who live in the inner cities are 

disproportionately poor. Studies have shown that the real 

correlation with academic achievement is socioeconomic class: 

being poor in and of itself is a significant problem in schools. 

(Tirozzi, PX 494, Dbp.1l1-12; MOD 26) 

4. The state made several efforts to address the problem 

of racial isolation in the public schools during Gerald Tirozzi’s 

tenure as Education Commissioner. The most important included 

-29- 

 



  

the interdistrict cooperative program grants, which made two to 

three million dollars available to allow districts on a voluntary 

basis to develop a number of plans to move students across 

district lines. More than 100 districts participated in that 

effort during his last year, developing plans on a cooperative 

basis. Also, the 1986 educational enhancement act dramatically 

raised teachers’ salaries and permitted the hiring of a 

substantial number of teachers, with the great majority going to 

Hartford, New Haven and Bridgeport. Class sizes in those cities 

were reduced and the poorest urban school districts were able to 

recruit and retain teachers at salaries at least comparable to, 

if not higher than, the salary levels in the suburban districts. 

(Tirozzi, PX 494, pp.15~-16; MOD 27) 

5. Also, the priority school district program, was 

initially funded at three million dollars to drive more dollars 

to cities. The grants were equalized so that more dollars went 

to the poorer communities. Connecticut was the first, and may 

still be the only, state that factors in our mastery test scores 

as one of the proxies for need, and it is driven when students do 

-30- 

 



not meet what is called the remedial standard. {Tirozzi, PX 494, 

p.16; MOD 28) 

6. The concept of “collective responsibility,” which 

Tirozzi endorsed, was misunderstood by many people to mean 

mandatory student assignment when 1t actually only mandated 

rcorrective action” plans to eliminate racial imbalance with the 

threat of state intervention only if the voluntary approach 

proved to be ineffectual. (PX 50, 'p.11; Tirozzi, PX:494, 

pp.35-36, 98-99; MOD 28) The recommendation was not implemented 

at that time because there was no express statutory authority for 

that kind of interdistrict planning process and the State Board 

of Education (”SBE”) decided that because of the strong negative 

public reaction to the coercive elements of the report, the best 

thing to do was to encourage discussion. (Tirozzi, PX 494, 

pp.100-04; MOD 28) 

y Commissioner Tirozzi found that voluntary, cooperative 

approaches to integration would generate public support, but 

mandatory approaches would not. He reported to the State Board 

 



  

that the mandatory aspects of Tirozzi I were negating the rest of   

the report and the decision was made to eliminate them from the 

concept of ”collective responsibility” in Tirozzi II. (Tirozzi,   

PX 494, p.125; MOD 29) 

8. In Tirozzi’s opinion, the recommendations in his second 

report had a significant impact due to the availability of fairly 

substantial state monies at the time, and the fact that the 

issues were being discussed by the public and by planning groups. 

(Tirozzi, PX 494, p.136; MOD 29) Although he would have liked to 

see things improve faster, progress in dealing with such a major 

issue in our society could be only incremental because of the 

political realities of local control and autonomy, as well as the 

problems of housing, unemployment and poverty. (Id.. pPp.137=-38; 

MOD 29) 

9. Commissioner Tirozzi’s preference for mandatory 

measures to achieve racial diversity changed after he came to 

believe that voluntary approaches could bring about a meaningful 

level of integration and that even the General Assembly could 

-32- 

 



  

accept legislative proposals along those lines. He suggested two 

areas in which such legislation could have a “dramatic impact”: 

(1) by changing the school funding formula to encourage the 

movement of children across town lines; and (2) by adjusting the 

state’s proportional share of school construction costs to reward 

districts that build schools close to their borders. {Tirozzi PX 

494,  p.157~-60; MOD 30) 

10. Commissioner Tirozzi was of the opinion that the fact 

that the New Haven School system in the 1960s had aggressively 

pushed integration and actually forced busing drove a significant 

number of whites from the City. (Tirozzi, PX 494, P.95; MOD 31) 

11. The state had already taken some very positive steps in 

enhancing city schools, particularly with respect to teachers’ 

salaries, so that the highest salaries in the state were being 

paid to teachers in the larger urban districts. While the cities 

have a disproportionately large number of children with special 

educational needs, some of the best special education classes 1n 

-33=- 

 



  

the state can be found in urban districts such as Hartford. 

(Tirozzi, PX 494, p-54~55; MOD 32-33) 

12. The more voluntary the process, the greater chance for 

its success. (Ferrandino, PX 493, p.117; MOD 37-40) 

13.. The program that is being offered. in Hartford does 

provide an equal educational opportunity in the educational sense 

comparable to that which students in other school systems 

receive. (Ferrandino, PX 493, p.132-33; MOD 39) 

14. For the purpose of analyzing the mastery test results, 

all the districts in the state were classified by “educational 

reference group” based on the size of the community and its 

student population as well as the various needs to their 

students. Hartford, Bridgeport and New Haven constituted one of 

the groups even though Hartford’s performance was lower than the 

other two. The testing program was not designed to be used 

comparatively, but was intended to provide information about 

individual students and programs for the local school district. 

(Ferrandino, PX 493, pp.146-48; MOD 39-40) 

-34- 

 



  

15. The present mastery testing system is better than the 

previous one because it was created by Connecticut teachers based 

on this state’s own educational goals. It was the consensus of 

the state board of education that it is a valuable tool in 

judging the outputs of the school system. (Mannix, BX. 495, p.17; 

MOD 46) 

16. Integration in the fullest sense may be achieved only 

by building affordable housing in the suburbs in order to break 

up the ghettos in the cities. (Mannix, PX 495, pp.22-24; MOD 

40-41) 

17. No set of educational strategies can fully address the 

myriad social issues that produce inequality and undermine 

education. 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. Unless other elements 

of society and other institutions actively share with education 

the responsibility for addressing and remedying these conditions, 

-35= 

 



  

not even the best of strategic education plans can succeed. (PX 

73; MOD 42-43) 

18. The state’s history of affirmative achievement in 

school racial diversity began in 1966 with Project Concern, which 

was "designed to promote voluntary desegregation” of urban 

schools and was ”one of this country’s first voluntary 

interdistrict transfer programs.” This was followed by: the 

racial imbalance law in 1969; the inclusion in the state school 

aid formula of the number of children from low-income families in 

1979; in 1989, factoring into the formula the number of students 

who score below the remedial standard in order to address ”the 

needs of urban school districts”; state funding for magnet 

schools to improve “the overall quality of education while 

reducing racial isolation”; Tirozzi I in 1988 and Tirozzi I1 in 

1989, and since 1988, the “competitive interdistrict cooperative 

grant program on educational programs that provide opportunities 

for integration”. (PX 73; MOD 43) 

-36- 

 



  

19.  It"is the socioeconomic status of school children thar 

influences academic performance and explains the reduction almost 

by half of the achievement gap between black and white students 

nationally. Virtually none of the gains in black achievement can 

be attributed to school desegregation. (Armor, Vol..32, ©.19; 

MOD 51) 

20. Racial composition does not have any statistically 

significant effect on achievement scores. The differences in 

educational outcomes can be explained by the extremely different 

levels of the socioeconomic status of the children in the 

respective school systems. (Armoy; Vol.. 32, Pp.924-95;. MOD 52) 

21. 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. One of the principal 

problems with using racial balance as the measure of integration 

is that it fails to take into account the decrease in white 

enrolment that studies have shown takes place both before and 

-37- 

 



  

after a plan is put into effect. (Rossell, Vol. 26B, p.34; MOD 

52-53) 

22. After Vincent Ferrandino became Commissioner of the 

Department of Education, as part of his reorganization of the 

department, he established an office of urban and priority school 

districts in order to concentrate the resources of the department 

on the problems of the cities, and more specifically, to improve 

the achievement of the students in the three largest urban 

districts. (Ferrandino, PX 493, p.25; MOD 36-37) 

23. A mandated regional plan will not resolve the problems 

of racial and economic isolation and will very likely generate a 

negative reaction because of the strong history in this state of 

local control of education and the very strong attachment to the 

local school system. (Ferrandino, PX 493, pp.86-87; MOD 37) 

24. The limited regionalization that occurred in the 1950s 

was accomplished only because of the financial and economic 

incentives that the state offered to the smaller communities 1n 

the state. (Ferrandino, PX 493, pp.86-87; MOD 37) 

-38~- 

 



  

25: The cumulative record of Connecticut civil rights 

legislation in the area of race relations represents the most 

progress toward equal opportunity between whites and Negroes 

achieved by any of the Northern states. (PX 502, p.2; MOD: 61-62) 

26. Blacks were always permitted to go to the district 

schools and he had not found any case, except one ephemeral one, 

in which blacks were not permitted to go to the district schools. 

For all practical purposes de jure segregation in the schools has 

never existed except that the City of Hartford had this black 

school, Pearl Street School, and they passed an ordinance 

requiring black kids to go to the black school and thereafter the 

General Assembly met within weeks and repealed the ordinance. 

Thus, there has only been de jure segregation in Connecticut for 

a matter of weeks, and that only in one place. (Collier, Vol. 

16, D.483; MOD 62-63) 

27. The law enacted in 1909 that consolidated most of the 

school districts in the state based on town boundaries was a 

positive thing for the quality of education in Connecticut. The 

-390- 

 



legislation had nothing to do with race whatsoever and that it 

was not a product of any discriminatory motive on the part of the 

General Assembly or the people of Connecticut. (Collier, Vol. 16, 

rp.86, 68: MOD 64). 

28. De jure segregation of blacks was never a state policy 

in Connecticut. (Collier, Vol. 16, 69; MOD 64) 

29. From the court’s review of all the evidence presented 

at trial, the plaintiffs have not established any of what Justice 

William O. Douglas described as the “more subtle” types of state 

action that are ordinarily presumed in “de facto segregation” 

cases, including more specifically the factors of residential 

segregation, as well as attendance zone boundaries, which are 

exclusively the statutory duty of local boards of education under 

§ 10-220 of the General Statutes (MOD 71) 

30. Racially balanced municipalities are beyond the pale of 

either judicial or legislative intervention. (MOD 71-72) 

 



  

31. The plaintiffs have failed to prove state action as a 

direct and sufficient cause of the conditions that are the 

subject matter of the plaintiff’s complaint. (MOD 72) 

-4 1- 

 



DEFENDANTS 

RICHARD BLUMENTHAL 

ATTORNEY GENERAL 

  

Ere F. [boven 3 
Assistant/ orney Chea 
Juris 085: 30 

110 Sherman Street 

Hartford, Connecticut 06105 
Tel. 566~7173 

2) 

{ ? 1 

174.14 4 

Ry, 2 4 rf ee" 
J v i! [1 [; Vv / il 7 Lt rd J’ / 7 

fF Ld i   

Martha Hel Prestley 
Assistant Attorney General 
Juris 406172 
110 Sherman Street 

Hartford, Connecticut 06105 
Tel, 566-7173 

 



  

CERTIFICATION 
  

I hereby certify that a copy of the foregoing was mailled 

postage prepaid this 6th day 

counsel of record: 

John Brittain, Esq. 
University of Connecticut 
School of Law 
65 Elizabeth Street 
Hartford, CT 06105 

Philip Tegeler, Esq. 
Martha Stone, Esg. 

Connecticut Civil 
Liberties Union 
32 Grand Street 

Hartford, CT . 06105 

Sandra Del Valle, Esq. 
Ruben Franco, Esq. 

Jenny Rivera, Esq. 
Puerto Rican Legal Defense 

and Education Fund 
99 Hudson Street 
14th Floor 
New York, NY 10013 

John A. Powell, Esq. 
Christopher H. Hansen, Esq. 
American Civil Liberties Union 

132 West 43rd Street 

New York, NY 10036 

of June, 

  

1995 to the following 

Wilfred Rodriguez, Esq. 
Hispanic Advocacy Project 
Neighborhood Legal Services 
1229 Albany Avenue 
Hartford, CT 06112 

Wesley W. Horton, Esq. 
Moller, Horton & 

Fineberg, P.C. 
90 Gillett Street 
Hartford, CT. 06105 

Julius L. Chambers 
Marianne Engleman Lado, 
Theodore M. Shaw 

Dennis D. Parker 
NAACP Legal Defense Fund and 
Education Fund, Inc. 
99 Hudson Street 

New York, NY 10013 

Esq. 

  

   
TN 

  
/ 

Berpard McGovern, Jr. 

3 7 

F/ 
Assistant/Attorney General 

bfm0043 jm 

 



  

S5.C. 185235 

MILO SHEFF, ET AL. : SUPREME COURT 

Vv. 

WILLIAM A. O/NEILL, ET AL. : JUNE «6, 1995 

DEFENDANTS’ REVISED PROPOSED FINDINGS OF FACT 
  

I 

The following are proposed findings of fact submitted in 

addition to the facts contained in the parties’ revised joint 

stipulation of facts and submitted pursuant to the order of the 

Supreme Court dated May 11, 1995: 1/ 

A 

Have The Plaintiffs Proven That The State Has Violated 

The Equal Protection Clauses, the Due Process Clause Or 
The Education Article Of The Connecticut Constitution? 

  

1/ Each proposed finding of fact is based on the evidence 
presented, and therefore the circumstances prevailing, at 
the time of trial - December 1992 through February 1993. 

 



  

1. Trends In The Distribution Of Students 

By Race And Ethnicity. 
  

1. The African-American population patterns in the 22 town 

region during this century have been dynamic and unpredictable. 

(Steahr, Vol. 23, pp. 20-21, 80-81; DX 1.14) 

2, The percentage of African-American residents in 

Hartford has declined from 88% in 1970 to 65% in 1980 to 68% 1n 

1990 to 63.7% in 1592. (Steahr, Vol. 23, pp. 35~37; DX 2.13) 

3. Between 1970 and 1980, the African-American population 

in the 21 suburban towns increased by 141.1% and by 74.4% between 

1980 and 1990. (DX 1.4) 

4. From 1980 to 1990, the Latino population in the 21 

suburban towns increased by 128.8% and the Latino student 

population grew by 122.2%. (DX 1.5) 

Bo. There have been significant increases in Latino 

population in East Hartford, Manchester, West Hartford, Vernon 

, and Windsor. (Steahr, Vol. 23, p. 40) 

 



2. The Current Distribution Of Students By 
Race And Ethnicity 
  

6. There is no professionally agreed upon standard for 

racial, ethnic and socio-economic balance in schools which can be 

applied to schools in Hartford and the 21 suburban towns. 

(Carter, Vol. 1, pp. 33=34; Sentelo, Vol. 3, pp. 51; 

Martinez-Pitre, Vol. 6, pp. 45-46; Trent, « Ty PD. 8), 134; 

Natriello, Vol. 11, ©. 144; Allison, Vol. 12, pp. 72-75, Gordon, 

Vol. 13, p. 149; Vol. 14, pp. 76-79; lLaFontaine, Vol. 14, pp. 

114-120; Haig, Vol. 18, pp. 113) 

7. Changes in the demographic composition of Hartford and 

the 21 surrounding suburban towns have occurred because of 

individuals’ choices about their residences. {(Steahr, Vol. 23, 

P. 67; Armor, Vol. 32, p. 129; DX 11.21-11.25) 

3. The state has not taken any action that would encourage 

any individuals to choose any racially imbalanced residential 

settings. = (Armor, Vol. 32, p. 129) 

3. Students’ Socio-Economic Status In 
Hartford Metropolitan Area Schools. 
   



9. Racial isolation and the condition of students living 

in poverty can and do exist as separate conditions. (Rossell, 

Vol. 27, Pp. 56-58: Armor, Vol. 32, p. 19) 

10. Individual socioeconomic status (”SES”), primarily 

poverty, has the largest impact on lack of student achievement 

when measured for large groups of students. (Natriello, Vol. 38, 

Po. 64=68: Armory, Vol. 32,.p. 21; Crain, Vol. 35, p. 76) 

11. To understand the quality or effectiveness of a 

particular educational program, the effects of the disadvantages 

that students bring to school with them to that program must be 

separated from the effects of the particular educational program. 

(Natriello, Vol. 1}, pp. 8, 9, 22-23, 89, 91; Crain, Vol. 35, pp. 

79-80) 

12. None of the plaintiffs’ witnesses conducted a study in 

which they reviewed the quality of the educational programs 

offered in Hartford by separating the effects of the 

disadvantages that Hartford’s students bring with them to school 

from the effects of the particular educational programs in  



  

Hartford. {(Natriello, Vol. 11, pp. 8, 9, 22-23,'89, 91; Crain, 

Vol. 3%, pp. 719-80; Trent, Vol, 7, p. 100, 118-22, Kennedy, Vol. 

14, pp. 74) 

13. Differences in SES are the primary factor in explaining 

the differences in student performance on the CMT across the 

state. (DX 12.14, vp. Vv, Vi; PX 89, p. 5; Halg, Vol. 18, p. 395) 

14. 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 

with ”at risk” characteristics will perform more poorly 1n an 

educational sense than the group with a smaller percentage of 

those students with ”at risk” characteristics. (Natriello, Vol. 

11, PP. 4-5) 

15. Virtually all of the differences in performance between 

students in Hartford and students in the 21 suburban school 

districts on the CMT are attributable to differences in SES and 

 



  

to the background factors that SES represents. (Armor, Vol. 32, 

PP. 30, 93-94) 

16. Virtually all of the differences in the rate of 

attendance at four year colleges between Hartford students and 

the students of the 21 suburban school districts are attributable 

to SES and to the background factors that SES represents. 

{Armor, Vol. 32, 9p. 30, 93-94) 

17. When SES factors are taken into account, CMT and other 

standarized test scores for Hartford students and for suburban 

students, as groups, do not establish any inequality of programs 

between Hartford and the suburban schools. (Armor, Vol. 32, p. 

94-95) 

18. Studies of Project Concern which controlled for 

SES-related background factors have not shown that Project 

Concern students, African-American Hartford students who attended 

school in suburban school districts, have had any greater 

academic achievement than they would have had, had they remained 

 



  

in. Hartford public schools. (DX 13.19, pp. 26-27, DX 13.20, p. 

87) 

19. When measured with appropriate controls for SES-related 

background factors, Project Concern had no statistically 

significant effect on Project Concern students dropping out of 

high school, on the number of years they completed in college, on 

their later life incomes, or on their contact with whites. 

(Crain, Vol. 10, pp. 75-77, 105-108, 128-133) 

20. The amount of time a student spent in Project Concern 

had no significant bearing on the student’s academic achievement. 

{Armor, Vol. 32, pp. 117-119; DX 11.26 (Tables 4 and 5)) 

21. The only group of Project Concern students who 

demonstrated better academic performance than students in 

Hartford schools are those students who volunteered for Project 

Concern, and who finished their educations in the suburban school 

district regardless of the amount of time spent in the suburban 

school district, reflecting a phenomenon known as “self-selection 

bias.” (DX 11.26, Tables 3 and 5) 

 



  

22. "No study has shown that students who finished their 

educations in Project Concern would not have done as well 

academically, if those students had remained in the Hartford 

public schools. (Crain, Vol. 35, p. 103) 

23. The gap between the SES of children who live in 

Hartford and the SES of children who live 1n the 21 suburbs has 

been increasing. (Natriello, Vol. 11, pp. 114-116; DX 8.1, 8.2) 

24. Despite the increasing SES gap between children who 

| live in Hartford and in the suburbs, the gap in CMT scores as 

between Hartford’s children and the CMT scores of children 

statewide is not getting any larger. (Natriello, Vol. 11, pp. 

114-116) 

4. Disparities In Educational Outcomes. 
  

25. Among other things, Hartford students score lower on 

the CMT than the state average (1) because many Hartford students 

move among Hartford schools and/or move in and out of the 

Hartford school district, and (2) because many Hartford students 

 



are still learning the English language. (Shea, Vol. 

Nearine, Vol. 24, pp. 68-69; Negron, Vol. 2, pp. 15-16) 

26. The primary purpose of the Strategic Schools Profiles 

(”SSP”) is (1) to make school districts accountable for 

compliance with their legal requirements and (2) to be a vehicle 

for school-based improvement. (Rindone, Vol. 29, pp. 80-81) 

27. Because the newness of the SSP program, the 

Commissioner of Education has instructed school superintendents 

not to use SSP data to make comparisons between their district 

and other districts or between schools in their district and 

schools in other districts. (Rindone, Vol. 29, Pp. 81, 146-147) 

28. The CMT was not developed to compare or to contrast 

student performance in one school district with student 

performances in other districts. (Nearine, Vol. 24, p. 65; DX 

12.16, p. 20; PX 290-308) 

 



29. The CMT measures a relatively narrow part of students’ 

achievement. (PX 493; Ferrandino Deposition, p. 37; Natriello, 

Vol.: 11," p. 189) 

30. The rate of Hartford public school students who 

participate in the CMT is higher than the participation rate of 

other large cities in the state. (Nearine, Vol. 24, p. 73) 

31. Once Hartford students start school, they make academic 

progress from year to year. (Natriello, Vol. 11, p. 80; 

LaFontaine, Vol. 5, p. 152; Nearine, Vol. 24, pp. 114-117) 

32. While changing the racial composition of a school alone 

may have some social benefits, it will have no beneficial effect 

on educational achievement. (Armor, Vol. 31, p. 120; Slavin, 

Vol. 20, pp. 71-73; Rossel), Vol. 27, p. 63; DX 12.25) 

33. The difference in academic achievement between 

African-American and white students, as statistically measured on 

a nationwide basis, has declined every year for the past forty 

 



  

years and 1s projected to disappear 1n approximately thirty 

years. {(Rossell, Vol. 27, p. 63) 

34. The nationwide closing of the gap between 

African-American and white student achievement is due to the 

continual improvement in the socio-economic status of 

African-American status as a group. (Rossell, Vol. 27, p. 63) 

35. There is no empirical evidence about the effect of 

changing the racial composition of schools on the educational 

achievement of Latino students of Puerto Rican ancestry. 

(Morales, Vol. 18, PD. 47-49; Crain, Vol. 10, p. 99; DX 12.25, p. 

12; PX 58, p. 19) 

36. There are no reliable studies that establish the 

plaintiffs’ claim that a concentration of poor children in a 

school as distinguished from the impact of poverty on the 

academic achievement of an individual poor student, has an 

additional adverse affect on the overall academic achievement of 

all children, both poor and non-poor (the plaintiff’s claimed 

-11- 

 



  

so-called “concentration effect”). (Kennedy, ‘Vol. 14, pp. 75-756; 

Natriello, Vol. 11, p. 25~26) 

37. The section of Dr. Mary Kennedy’s report on the federal 

Chapter I program from 1984 to 1986 dealing with “the 

concentration effect” was researched and written by a Dr. David 

Meyers of the Decision Research Corporation, who concluded that 

poverty concentration by itself did not have a “large effect” on 

academic achievement. (Kennedy, Vol. 14, pp. 75-786) 

38. In judging the effectiveness of a school, student 

learning is a more important measure than achievement. (Kennedy, 

Vol. 14, PB. 77) 

39. Attending a high poverty concentration school does not 

have a statistically significant effect on the rate of learning 

when measured with appropriate controls for SES. (Kennedy, Vol. 

14, pp. 78=80; BX 419, p.. 22, 24; PX 162, p. 132 (Fig. 29)) 

40. There has been no study done as to whether Hartford’s 

CMT or other standardized test scores showed any separate 

-12- 

 



nconcentration effect” beyond the effect of individual SES 

differences. (Natriello, Vol. 11, pp. 25-26, 164) 

41. Any “concentration effect,” if it in fact exists, can 

be offset by program measures. (Natriello, Vol. 11, pp. 175-176; 

Kennedy, Vol. 14, p. 59) 

B 

Have The Plaintiffs Proven That They Have 
Been Denied Their Rights To A Free Public 
Education Under The Education Article Of The 

State Constitution? 

42. Hartford’s staffing patterns are consistent with the 

needs of its students. {(Natriello, Vol. 11, Pp. 34) 

43. The Hartford public schools’ classroom teachers and 

administrators are as well qualified in terms of education and 

experience as are teachers and administrators in the 21 suburban 

school districts. (Keaveny, Vol. 25, p. 15; LaFontaine, Vol. 14, 

P- 131; Wilson Vol. 4, pp. 9, 28-29; Negron, Vel. 2, p. 7; 

Pitocco, Vol. 6, p. 70; BRatriello, Vol. 11, p. 1315)  



  

44. The first year teachers whom the Hartford school 

district has been hiring have been performing well. (Wilson, 

Vol. 4, pp. 9) 

45. Some Hartford schools offer their students a more 

comprehensive array of health services designed to address the 

greater health problems of disadvantaged children than is offered 

in suburban schools. (DX 23, 14; Griffin, Vol. 11, p. 107; 

Negron, Vol. 2, pp. 10-12; Montanez-Pitre, Vol. 6, pp. 11, 42-43) 

46. Hartford offers a comprehensive bilingual educational 

program and English as a second language (”ESL”) program for 

students whose second language is Spanish or for students who 

come from homes in which languages other than English and Spanish 

are spoken. (LaFontaine, Vol. 5, p. 127, Vol. 14, p. 132; 

Marichal, Vol. 20, pp. 11-12; PX 439, p- 5B) 

47. No suburban district offers any such program as large 

and as comprehensive as Hartford’s bilingual education program or 

ESL program. (Marichal, Vol. 20, p. 60) 

-14- 

 



48. Hartford public schools offer special programs directed 

to the specific needs of its students such as programs delivered 

in Portuguese and Spanish for students to retain their native 

languages, the history of African-Americans, the history of 

Puerto Rico, Latin American studies and key parts of the business 

education program delivered in Spanish. (Calvert, Vol. 30, pp. 

4-5, Pitocco, Vol. 6, pp. 88-89) 

49. Hartford has preserved its gifted and talented progran, 

when many other districts including West Hartford have been 

forced by budgetary constraints to eliminate their programs. 

(Senteio, Vol. 3, p. 32; lLemega, Vol. 29, p. 12) 

50. Suburban school districts have been forced to make 

substantial reductions in their programs for fiscal reasons. 

{(Pitocco, Vol. 6, pp. 87-88; lemega, Vol. 2%, pp. 11-18) 

51. Because of fiscal constraints, the West Hartford school 

district has eliminated over the past three years its computer 

program in its middle schools, non-statutorily mandated 

counselling and speech therapy, its career and vocational  



counselling program, and full-day kindergarten in all but three 

schools. (Lemega, Vol. 29, pp. 13-15) 

52. Since 1989 the West Hartford school district has 

eliminated 20 full-time equivalent teaching positions and 5.5 

full-time equivalent administrative positions. (Lemega, Vol. 29, 

P. 16) 

53. Hartford’s 31 school buildings do not differ 

substantially from school buildings in the 21 suburban school 

district in terms of key facilities. (DX 8.13) 

54. Hartford’s school buildings are generally well 

maintained. (PX 153, 3-1, 5-2: Calvert, Vol. 30, pp. 

55. The state has never turned down a request from Hartford 

for state reimbursement for a school construction, expansion or 

renovation project. (LaFontaine, Vol. 5S, pp. 171-172; Brewer, 

vol. 28, p. 20) 

56. Decisions about the location of school buildings and 

about whether to start, to delay or to postpone a construction or  



  

renovation project are made exclusively by local officials. 

{(LaFontaine, Vol. 5, p. 172; Brewer, Vol. 28, pp. 15-16) 

57. In terms of net current expenditures per pupil for 

1990-91, Hartford ranked as the third highest spending district 

in the area, with only Bloomfield and Wethersfield spending more. 

{Natriello, Vol. 11, pp. 92-93) 

58. The Hartford school district’s relatively lower 

spending in the areas of (a) pupil and instructional services, 

(b) textbooks and instructional supplies, (c) library books and 

periodicals, and (d) equipment and plant operations has resulted 

from decisions of the Hartford Board of Education to allocate 1its 

resources to other areas, particularly school employee fringe 

benefits. (DX 7.9, p. 1; Brewer Vol. 28, pp. 142-143) 

59. If the Hartford school district had paid the state per 

pupil average in employee fringe benefits from 1980 to 1992, 1it 

would have had sufficient funds over that period to cover the 

differentials in the categories of (a) pupil and instructional 

services, (b) textbooks and instructional supplies, (c) library 

-l7~ 

 



  

books and periodicals, and (d) equipment and plant operations. 

(Brewer, Vol. 28, p.. 142; Natriello, Vol. 11, p. 862) 

60. There are no significant differences in the mean ages 

and the mean experience levels among the teaching and 

administrative staffs of Hartford, New Haven and Bridgeport. 

(Brewer, Vol. 28, pp. 43, 146-147; PX 427) 

61. No independent study has been done to determine whether 

it has been necessary for the Hartford school district to pay 

higher employee fringe benefits to attract and to retain 

qualified teachers and administrators. (Natriello, Vol. 11, p. 

63) 

62. From the 1989-90 school year to the 1990-91 school 

year, the Hartford Board of Education almost tripled its per 

pupil and per school expenditures for library books. (DX 7.12) 

63. Hartford spends sufficient funds on textbooks and 

supplies to make the basic learning materials available to its 

-18- 

 



  

students and teachers. (Negron, ¥ol. 1, p..73; Calvert, Vol. .31, 

Pp. 94-95,-102) 

64. Across-the-board differences in spending do not 

generally have an effect on student outcome measures. (Kennedy, 

Vol. 14, P+ 74) 

65. There is no definition of "equal educational 

opportunity” accepted uniformly by educators and social 

scientists. (See Davis, Vol. 5, pp. 38-89; Anderson, Vol. 6, p. 

123; Pitocco, Vol. 6, pp. 33-84; Braddock, Vol. 35, p. 28; Crain, 

Yo. 10, p. 703 Willie, Vol. 15, p. 35; Natriello, Vol. 12, p. 

128; PX 493, Ferrandino Deposition, pp. 132-133) 

66. Hartford public school students are provided with a 

level of resources and a level of competent instruction in an 

ongoing systemic program that is similar to that of other 

communities in the state. (PX 493, Ferrandino Deposition, pp. 

132-133; Calvert, Vol. 30, pp. 4, 119) 

-19- 

 



  

67. A student in Hartford public schools receives an 

education of a quality that gives him or her the chance to lead a 

successful adult life. (PX 506, Margolin Deposition, pp. 55-56; 

PX 493, Ferrandino Deposition, p. 134) 

68. There is no professionally accepted definition of a 

"minimum adequate education” or “substantive minimum level of 

education.” (LaFontaine, Vol. 14, pp. 139-140) 

-20- 

 



  

  

Has The State Been Taking Appropriate Action To 
Address Racial, Ethnic and Socio-economic 
Isolation And Education Underachievement Of Urban 
Children In Poverty 

1. State Involvement In Education Historically. 
  

69. Connecticut has always been a leader in the field of 

public education... (Collier, Vol. 16, pp. 23, 71-72) 

70. The quality of public education in Connecticut has 

improved continuously over the past 200 years. (Collier, Vol. 

16, pp. 9-10, 23, 56-57) 

71. As late as 1979, state officials believed that 

intradistrict racial balancing could achieve student racial 

diversity in Hartford and in other cities. (Allison, Vol. 12, 

12) 

2. State Involvement Today. 
  

-21- 

P- 

 



72. Connecticut is one of only three states in the country 

to pass voluntarily legislation requiring racial balance within 

school districts (Conn. Gen. Stat. §l0-226a et seg.) (Rossell, 

73. Connecticut is one of only seven states 1n the country 

that voluntarily has appropriated state funds to promote racial 

and ethnic diversity in its schools. (Rossell, Vol. 26B, p. 44) 

74. No state has a racial balance law that requires 

interdistrict balancing. (Rossell, Vol. 26B, p. 861) 

75. The Interdistrict Cooperative Grant Program has 

maintained its appropriation at a time when most other state 

education grant programs have suffered cuts in funding because of 

the state’s difficult fiscal circumstances during the latter 

1930s and 1990s. (Allison, Vol. 12, p. 88; Williams, Vol. 25, 

PP. 76-77) 

 



  

76. Interest by school districts in the Interdistrict 

Cooperative Grant Program has grown significantly since its 

inception. (Williams, Vol. 24, pp. 58-60) 

77. The state funds education in such a way as to give 

districts like Hartford, which serve a high proportion of 

students who come from impoverished backgrounds and, as a whole, 

have relatively lower achievement scores, funds in excess of 

wealthier districts whose students, as a whole, have higher 

achievement scores so as to eliminate the poorer, lower achieving 

districts’ initial disadvantage and put such districts on an even 

footing with wealthier, higher achieving districts. (Rossell, 

Vol... 26B, PD. 40-42: DX 5.1) 

78. Connecticut’s formula for reimbursement for special 

education costs gives Hartford a higher reimbursement rate than 

the 21 suburban school districts and thereby makes Hartford’s 

ability to meet the needs of its special education students 

comparable to the burden of the suburban school districts. (DX 

7.8) 

-23= 

 



  

D.   

The Problems Associated With Racial, Ethnic, And 
Socio-economic Conditions And Educational 

Underachievement Presented In This Action Are Matters 

For the General Assembly 

1. Integration And Its Effects. 
  

79. State education leaders have taken the position that 

student diversity is promoted most effectively by voluntary 

programs and measures. (PX 494, Tirozzi Deposition, pp. 154-156; 

PX 493, Ferrandino Deposition, pp. 86-87) 

80. Voluntary measures are more effective than mandatory 

measures in achieving successful long term racial and ethnic 

diversity in schools. (Rossell, Vol. 26B, pp. 26-28; Vol. 27, p. 

33; PX 493, Ferrandino Deposition, p. 117; DX 5.4 - 5.12) 

81. Voluntary measures to achieve racial and ethnic 

diversity are preferred by parents of all races and national 

origins. (Ferree, Vol.. 25, p. 165; Rossell, Vol. 27, pp. 

172-173; DX 4.1, pp. 11-12; DX 42, pp. 11-13) 

-24- 

 



  

82. To the extent that there is any measurable positive 

impact on academic achievement from implementation of plans to 

promote diversity in schools, voluntary plans or programs work 

better than mandatory plans or programs. (Armor, Vol. 32,:p. 

121; ‘PX 58, Dp. 2) 

83. When courts in some parts of this country started to 

issue orders against school systems that were segregated by law 

on the basis of race, social scientists believed that such 

court-ordered desegregation of schools would improve the acadenic 

achievement of African-American students. (Armor, Vol. 33, p- 

83) 

84. Studies done by social scientists on the effects of 

court-ordered desegregation have not shown any significant 

academic improvement in African-American students. (Slavin, Vol. 

19, PP. 71-73; ‘Armor, Vol. 33, p. 83; PX 58, Schofeld Report, p. 

10-19; PX 455, Orfield Report on San Francisco’s Desegregation 

Consent Decree, pp. 1, 5, 30) 

-25= 

 



  

85. There is virtually no statistical evidence on the 

impact of desegregation court orders on the academic achievement 

of Latino students. (PX 58, Schofield Report, pp. 10, 19-20) 

86. The Boston public schools’ student- population was 64% 

white, 30% African-American and 6% other, when the federal 

court’s desegregation plan was implemented in 1970, and by 1975, 

it was 49% white, 39% African-American and 12% other groups. 

(Willie, Vol. 15, pp. 108-109) 

87. At the time of this trial, the Boston public schools! 

student population was 20% white (Willie, Vol. 15, p. 109; 

Rossell, Vol. 27, pp.:13, 17-18) 

88. Under a court-ordered desegregation plan for the St. 

Louls school district based on de jure segregation, the transfer 

of 13,500 African-American students from the city to the suburban 

schools left the white enrollment in city schools one percentage 

point higher than it was twelve years earlier, before the plan 

was implemented. (Orfield, Vol. 22, pp. 76-80) 

-26=- 

 



89. Restructuring the educational systems of Hartford and 

the 21 surrounding suburban school districts alone will not 

overcome the socio-economic problems that inhibit the acadenic 

achievement of poor urban children. {Cartar, Vol. "1, PD. 51%; 

Orfield, Vol. 22, p. "54; Calvert Vol. 30, p. 121, Vol. PL. 

20-21, 141-142) 

2. Steps Toward Integration. 
  

90. Social programs that make it possible for poor families 

to raise their socio-economic status are what help poor children 

raise their level of academic achievement. (Armor, Vol. 32, p. 

121; Natriello, Vol. 11, pp. 6-7) 

91. There is no agreement as to how best to apply the 

state’s resources in order to overcome or ameliorate the effects 

of ”at risk” disadvantages on these students’ educational 

performance. (Natriello, Vol. 11, p. 6) 

92. With limited resources, the best and most economical 

way to address ”at risk” factors that impede educational 

 



performance is to prevent such “at risk” factors from developing 

in the first place. (Natriello, Vol. 11, p. 7) 

93. Forty-six percent of Hartford students who started 

Project Concern between 1966 and 1971 left Project Concern and 

returned to the Hartford school system. (Armor, Vol. 

DX 11.26 (Table 1)) 

94. Some Hartford students are performing on the highest 

end of the performance scale on the MAT. (Nearine, Vol. 24, p. 

96) 

The following are proposed findings of fact, drawn 

exclusively from the contents of the memorandum of decision dated 

April 12, 1995, which support the trial court’s judgment. 

: No child in Connecticut has ever been assigned to a 

school district in this state on the basis of race, national 

origin, socio-economic status, or status as an ”at risk” student.  



  

Rather, children have always been assigned to particular school 

districts on the basis of their town of residence. (Tirozzi 

Affidavit; MOD 18-19) 

2. A majority of the children in Hartford are receiving at 

least a “minimally adequate education,” as defined by the 

plaintiffs, even though as a group, the mastery test results 

showed that many of them were performing below the remedial level 

since those tests were never intended to be the sole source of 

measure student performance. (Margolin Deposition, PX 506 

pp.55-58; MOD 25-26) 

3. Minorities who live in the inner cities are 

disproportionately poor. Studies have shown that the real 

correlation with academic achievement is socioeconomic class: 

being poor in and of itself is a significant problem in schools. 

(Tirozzi, PX 494, pp.-11-12; MOD 26) 

4. The state made several efforts to address the problem 

of racial isolation in the public schools during Gerald Tirozzi’s 

tenure as Education Commissioner. The most important included 

-29 = 

 



  

the interdistrict cooperative program grants, which made two to 

three million dollars available to allow districts on a voluntary 

basis to develop a number of plans to move students across 

district lines. More than 100 districts participated in that 

effort during his last year, developing plans on a cooperative 

basis. Also, the 1986 educational enhancement act dramatically 

raised teachers’ salaries and permitted the hiring of a 

substantial number of teachers, with the great majority going to 

Hartford, New Haven and Bridgeport. Class sizes in those cities 

were reduced and the poorest urban school districts were able to 

recruit and retain teachers at salaries at least comparable to, 

if not higher than, the salary levels in the suburban districts. 

(Tirozzi, PX 494, pp.15-16; MOD 27) 

5. Also, the priority school district program, was 

initially funded at three million dollars to drive more dollars 

to cities. The grants were equalized so that more dollars went 

to the poorer communities. Connecticut was the first, and may 

still be the only, state that factors in our mastery test scores 

as one of the proxies for need, and it is driven when students do 

-30- 

 



not meet what is called the remedial standard. {Tirozzi, 

p.16; MOD 28) 

6. The concept of “collective responsibility,” which 

Tirozzi endorsed, was misunderstood by many people to mean 

mandatory student assignment when it actually only mandated 

"corrective action” plans to eliminate racial imbalance with the 

threat of state intervention only if the voluntary approach 

proved to be ineffectual. (PX 50, p.1ll1l; Tirozzi, PX 494, 

pp.35-36, 98-99; MOD 28) The recommendation was not implemented 

at that time because there was no express statutory authority for 

that kind of interdistrict planning process and the State Board 

of Education (”SBE”) decided that because of the strong negative 

public reaction to the coercive elements of the report, the best 

thing to do was to encourage discussion. (Tirozzi, PX 494, 

pp.100-04; MOD 28) 

7. Commissioner Tirozzi found that voluntary, cooperative 

approaches to integration would generate public support, but 

mandatory approaches would not. He reported to the State Board 

 



  

that the mandatory aspects of Tirozzi I were negating the rest of 
  

the report and the decision was made to eliminate them from the 

  

concept of 7collective responsibility” in Tirozzi II. (Tirozzi, 

PX 494, p.125; MOD 29) 

8. In Tirozzi’s opinion, the recommendations 1n his second 

report had a significant impact due to the availability of fairly 

substantial state monies at the time, and the fact that the 

issues were being discussed by the public and by planning groups. 

rivera PX 494, p.136; MOD 29) Although he would have liked to 

see things improve faster, progress in dealing with such a major 

issue in our society could be only incremental because of the 

political realities of local control and autonomy, as well as the 

problems of housing, unemployment and poverty. (Xd. pp.137-33; 

MOD 29) 

9. Commissioner Tirozzi’s preference for mandatory 

measures to achieve racial diversity changed after he came to 

believe that voluntary approaches could bring about a meaningful 

level of integration and that even the General Assembly could 

-32- 

 



accept legislative proposals along those lines. He suggested two 

areas in which such legislation could have a “dramatic impact”: 

(1) by changing the school funding formula to encourage the 

movement of children across town lines; and (2) by adjusting the 

state’s proportional share of school construction costs to reward 

districts that build schools close to their borders. (Tirozzi PX 

494, p.157-60; MOD 30) 

10. Commissioner Tirozzi was of the opinion that the fact 

that the New Haven School system in the 1960s had aggressively 

pushed integration and actually forced busing drove a significant 

number of whites from the City. (Tirozzl, PX 494, D.95; MOD 31) 

11. The state had already taken some very positive steps in 

enhancing city schools, particularly with respect to teachers’ 

salaries, so that the highest salaries in the state were being 

paid to teachers in the larger urban districts. While the cities 

have a disproportionately large number of children with special 

educational needs, some of the best special education classes in 

 



the state can be found in urban districts such as Hartford. 

(Tirozzi, PX 494, P.54-55; MOD 32-33) 

12. The more voluntary the process, the greater chance for 

its success. (Ferrandino, PX 493, p.117; MOD 37-40) 

13. The program that is being offered in Hartford does 

provide an equal educational opportunity in the educational sense 

comparable to that which students in other school systems 

receive. {Ferrandino, PX 493, p.132-33; MOD 39) 

14. For the purpose of analyzing the mastery test results, 

all the districts in the state were classified by “educational 

reference group” based on the size of the community and its 

student population as well as the various needs to their 

students. Hartford, Bridgeport and New Haven constituted one of 

the groups even though Hartford’s performance was lower than the 

other two. The testing program was not designed to be used 

comparatively, but was intended to provide information about 

individual students and programs for the local school district. 

(Ferrandino, PX 493, pp.l146-48; MOD 39-40)  



  

15. The present mastery testing system is better than the 

previous one because it was created by Connecticut teachers based 

on this state’s own educational goals. It was the consensus of 

the state board of education that it is a valuable tool in 

judging the outputs of the school system. (Mannix, PX 495, p.17; 

MOD 46) 

16. Integration in the fullest sense may be achieved only 

by building affordable housing in the suburbs in order to break 

up the ghettos in the cities. (Mannix, PX 495, pp.22-24; MOD 

40-41) 

17. No set of educational strategies can fully address the 

myriad social issues that produce inequality and undermine 

education. 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. Unless other elements 

of society and other institutions actively share with education 

the responsibility for addressing and remedying these conditions, 

-35= 

 



  

not even the best of strategic education plans can succeed. (PX 

73; MOD 42-43) 

18. The state’s history of affirmative achievement in 

school racial diversity began in 1966 with Project Concern, which 

was “designed to promote voluntary desegregation” of urban 

schools and was “one of this country’s first voluntary 

interdistrict transfer programs.” This was followed by: the 

racial imbalance law in 1969; the inclusion in the state school 

aid formula of the number of children from low-income families in 

1979; in 1989, factoring into the formula the number of students 

who score below the remedial standard in order to address “the 

needs of urban school districts”; state funding for magnet 

schools to improve “the overall quality of education while 

reducing racial isolation”; Tirozzi 1 in 1988 and Tirozzi II in 

1989, and since 1988, the “competitive interdistrict cooperative 

grant program on educational programs that provide opportunities 

for integration”. (PX 73; MOD 43) 

-36- 

 



  

19. It is the socioeconomic status of school children that 

influences academic performance and explains the reduction almost 

by half of the achievement gap between black and white students 

nationally. Virtually none of the gains in black achievement can 

be attributed to school desegregation. (Armor, Vol. 32, p.19; 

MOD 51) 

20. Racial composition does not have any statistically 

significant effect on achievement scores. The differences in 

educational outcomes can be explained by the extremely different 

levels of the socioeconomic status of the children in the 

respective school systems. (Armor, Vol. 32, pp.94-95; MOD 52) 

21. 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. One of the principal 

problems with using racial balance as the measure of integration 

is that it fails to take into account the decrease in white 

enrolment that studies have shown takes place both before and 

I 

 



  

after a plan is put into effect. (Rossell, Vol. 26B, p.24; MOD 

52-53) 

22. After Vincent Ferrandino became Commissioner of the 

Department of Education, as part of his reorganization of the 

department, he established an office of urban and priority school 

districts in order to concentrate the resources of the department 

on the problems of the cities, and more specifically, to improve 

the achievement of the students in the three largest urban 

districts. (Ferrandino, PX 493, p.25; MOD 36-37) 

23. A mandated regional plan will not resolve the problems 

of racial and economic isolation and will very likely generate a 

negative reaction because of the strong history in this state of 

local control of education and the very strong attachment to the 

local school system. (Ferrandino, PX 493, pp.86-87; MOD 37) 

24. The limited regionalization that occurred in the 1950s 

was accomplished only because of the financial and economic 

incentives that the state offered to the smaller communities in 

the state. (Ferrandino, PX 493, pp.86-87; MOD 37) 

-38-— 

 



25. The cumulative record of Connecticut civil rights 

legislation in the area of race relations represents the most 

progress toward equal opportunity between whites and Negroes 

achieved by any of the Northern states. (PY 502, p.2; MOD 51-62) 

26. Blacks were always permitted to go to the district 

schools and he had not found any case, except one ephemeral one, 

in which blacks were not permitted to go to the district schools. 

For all practical purposes de jure segregation in the schools has 

never existed except that the City of Hartford had this black 

school, Pearl Street School, and they passed an ordinance 

requiring black kids to go to the black school and thereafter the 

General Assembly met within weeks and repealed the ordinance. 

Thus, there has only been de jure segregation in Connecticut for 

a matter of weeks, and that only in one place. (Collier, Vol. 

l6, p.48; MOD 62-63) 

27. The law enacted in 1909 that consolidated most of the 

school districts in the state based on town boundaries was a 

positive thing for the quality of education in Connecticut. The  



legislatic~ had nothing to do with race whatsoever and that it 

was not a product of any discriminatory motive on the part of the 

General Assembly or the people of Connecticut. (Collier, Vol. 16, 

pp.66, 68; MOD 64). 

28. De jure segregation of blacks was never a state policy 

in Connecticut. (Collier, Vol. 16, 69; MOD 64) 

29. From the court’s review of all the evidence presented 

at trial, the plaintiffs have not established any of what Justice 

William O. Douglas described as the “more subtle” types of state 

action that are ordinarily presumed in “de facto segregation” 

cases, including more specifically the factors of residential 

segregation, as well as attendance zone boundaries, which are 

exclusively the statutory duty of local boards of education under 

§ 10-220 of the General Statutes (MOD 71) 

30. Racially balanced municipalities are beyond the pale of 

either judicial or legislative intervention. (MOD 71-72) 

 



  

31. The plaintiffs have failed to prove state action as a 

direct and sufficient cause of the conditions that are the 

subject matter of the plaintiff’s complaint. (MOD 72) 

-41- 

 



  

BY: 

DEFENDANTS 

RICHARD BLUMENTHAL 

ATTORNEY GENERAL 

H ) J 
  

Bernard F. Lammey Gene 
Assistant/ orney General 
Jurls 08 
110 Ra Street 

Hartford, Connecticut 06105 

Tel. 566-7173 

120 Shs loi J Ss Ao [ff— 
  

ARAN Watts Prestley / 
Assistant Attorney General 
Juris 406172 
110 Sherman Street 

Hartford, Connecticut 06105 
Tel. 566-7173 

-42- 

 



  

CERTIFICATION 
  

I hereby certify that a copy of the foregoing was mailed 

postage prepaid this 6th day of June, 

counsel of record: 

John Brittain, Esq. 
University of Connecticut 
School of Law 
65 Elizabeth Street 
Hartford, CT 06105 

Philip Tegeler, Esq. 
Martha Stone, Esq. 
Connecticut Civil 
Liberties Union 
32 Grand Street 

Hartford, CT 06105 

Sandra Del Valle, 

Ruben Franco, Esq. 

Jenny Rivera, Esq. 
Puerto Rican Legal Defense 
and Education Fund 
99 Hudson Street 
14th Floor 
New York, NY 

Esq. 

10013 

John A. Powell, Esq. 
Christopher H. Hansen, Esq. 
American Civil Liberties Union 
132 West 43rd Street 

New York, NY 10036 

   

1995 to the following 

Wilfred Rodriguez, Esq. 
Hispanic Advocacy Project 
Neighborhood Legal Services 
1229 Albany Avenue 
Bartford, CT 056112 

Wesley W. Horton, Esq. 
Moller, Horton & 

Fineberg, P.C. 
90 Gillett Street 
Hartford, CT 06105 

Julius L. Chambers 
Marianne Engleman Lado, 
Theodore M. Shaw 

Dennis D. Parker 
NAACP Legal Defense Fund and 
Education Fund, Inc. 
99 Hudson Street 

New York, NY 10013 

Esq. 

7 { 
RC alii 

  

Berjpard 

bfm00433jm 

5 McGovern, Jr. 
Assistant{/Attorney General 

-37- 

 



  
te