Conn. Coal. for Justice in Educ. Funding, Inc. v. Rell

• Decision Date: 17 January 2018
• Docket Number: SC 19768
• Citation: 176 A.3d 28,327 Conn. 650
• Court: Connecticut Supreme Court
• Parties: CONNECTICUT COALITION FOR JUSTICE IN EDUCATION FUNDING, INC., et al. v. Governor M. Jodi RELL, et al.

327 Conn. 650

176 A.3d 28

CONNECTICUT COALITION FOR JUSTICE IN EDUCATION FUNDING, INC., et al.

v.Governor M. Jodi RELL, et al.

SC 19768

Supreme Court of Connecticut.

Argued September 28, 2017

Officially released January 17, 2018^*

Joseph Rubin, associate attorney general, with whom were Beth Z. Margulies, Eleanor M. Mullen, and Darren P. Cunningham, assistant attorneys general, and, on the brief, George Jepsen, attorney general, and John P. DiManno, former assistant attorney general, for the appellants-cross appellees (defendants).

Joseph P. Moodhe, pro hac vice, with whom were David N. Rosen, Olivia Cheng, pro hac vice, and Christel Y. Tham, pro hac vice, and, on the brief, Edward Bradley, Gregory P. Copeland, Cara A. Moore, Megan K. Bannigan, pro hac vice, Emily A. Johnson, pro hac vice, John S. Kiernan, pro hac vice, Dustin N. Nofziger, pro hac vice, David B. Noland, pro hac vice, and Alexandra S. Thompson, pro hac vice, for the appellees-cross appellants (plaintiffs).

Nancy B. Alisberg and Samuel R. Bagenstos, pro hac vice, filed a brief for the National Disability Rights Network et al. as amici curiae.

James P. Sexton, Emily Graner Sexton and Marina L. Green filed a brief for The Arc of the United States et al. as amici curiae.

Wendy Lecker filed a brief for the Education Law Center as amicus curiae.

Gabrielle Levin and Joshua S. Lipshutz, pro hac vice, field a brief for the Connecticut Coalition for Achievement Now et al. as amici curiae.

Michael Roberts and Scott Madeo filed a brief for the Commission on Human Rights and Opportunities as amicus curiae.

Andrew A. Feinstein and Jillian L. Griswold filed a brief for twelve individuals with severe disabilities who have filed in fictitious names as amici curiae.

Rogers, C.J., and Palmer, Eveleigh, Robinson, Vertefeuille, Alvord and Sheldon, Js.^**

ROGERS, C.J.

"Next in importance to freedom and justice is popular education, without which neither justice nor freedom can be permanently maintained." Letter from James A. Garfield accepting the presidential nomination (July 12, 1880), The American Presidency Project, available at http://www.presidency.ucsb.edu/ws/index.php?pid=76221 (last visited January 17, 2018). In the present case, we acknowledge that the plaintiffs have painted a vivid picture of an imperfect public educational system in this state that is straining to serve many students who, because their basic needs for, among other things, adequate parenting, financial resources, housing, nutrition and care for their physical and psychological health are not being met, cannot take advantage of the educational opportunities that the state is offering.¹ We are highly sympathetic to the plight of these struggling students. Indeed, we join our voice to the voices of those who urge the state to do all that it reasonably can to ensure not only that all children in this state have the bare opportunity to receive the minimally adequate education required by article eighth, § 1, of the Connecticut constitution,² but also that the neediest children have the support that they need to actually take advantage of that opportunity. It is not the function of the courts, however, to create educational policy or to attempt by judicial fiat to eliminate all of the societal deficiencies that continue to frustrate the state's educational efforts. Rather, the function of the courts is to determine whether the narrow and specific criteria for a minimally adequate educational system under our state constitution have been satisfied. Once a determination of minimal adequacy has been made, courts simply are not in a position to determine whether schools in poorer districts would be better off expending scarce additional resources on more teachers, more computers, more books, more technical staff, more meals, more guidance counselors, more health care, more English instruction, greater preschool availability, or some other resource. Such judgments are quintessentially legislative in nature. Because we conclude that the trial court was correct in its initial determination that the plaintiffs failed to establish that the state's educational offerings are not minimally adequate under article eighth, § 1, and in its determination that the state has not violated their equal protection rights under the state constitution, the plaintiffs cannot prevail on their claims that the state has not provided them with a suitable and substantially equal educational opportunity.

The individual plaintiffs³ and the named plaintiff, the Connecticut Coalition for Justice in Education Funding, Inc. (Coalition), brought this action seeking, among other things, a declaratory judgment that the defendants, various state officials and members of the State Board of Education,⁴ failed to provide suitable and substantially equal educational opportunities to the individual plaintiffs in violation of article eighth, § 1, and article first, §§ 1 and 20, of the Connecticut constitution, as amended by articles five and twenty-one of the amendments.⁵ Applying the controlling legal standard, as set forth in Connecticut Coalition for Justice in Education Funding, Inc. v. Rell , 295 Conn. 240, 342–43, 990 A.2d 206 (2010) (Palmer, J. , concurring in the judgment), the trial court held that the plaintiffs have not established that the state has failed to provide children in any school district in this state with minimally adequate teachers, educational facilities and instrumentalities, as required by article eighth, § 1. In addition, the court concluded that the plaintiffs had failed to establish a violation of the equal protection provisions of the state constitution, article first, §§ 1 and 20. The trial court then proceeded to apply, however, a new legal standard that is not supported by our precedent, pursuant to which that court considered numerous educational policies and practices that are not part of the controlling standard, and held that the state's educational policies and spending practices violate article eighth, § 1, because they are not "rationally, substantially and verifiably connected to creating educational opportunities for children."

The defendants appeal from the trial court's decision that they have violated article eighth, § 1, and the plaintiffs cross appeal from the trial court's rulings that they did not establish that the state has failed to provide minimally adequate educational opportunities to the children in any school district in the state and have not violated the plaintiffs' equal protection rights under the state constitution.⁶ We conclude that the trial court properly found that the plaintiffs have failed to present sufficient evidence that the state is not providing children in this state with minimally adequate educational resources that satisfy the requirements of article eighth, § 1. We further conclude that, having made this determination, the trial court should have held that the defendants have not violated that constitutional provision, and it should not have gone on to apply a new constitutional test. Finally, we conclude that the trial court properly found that the plaintiffs failed to establish that the state has violated the equal protection provisions of the state constitution. We therefore conclude that the plaintiffs have failed to establish that the defendants have violated the plaintiffs' rights under article eighth, § 1, and article first, §§ 1 and 20. Accordingly, we affirm in part and reverse in part the judgment of the trial court.

The record reveals the following procedural history and facts that either were found by the trial court or are undisputed. In 2005, the plaintiffs filed a complaint alleging, among other things, that the defendants had violated article eighth, § 1, and article first, §§ 1 and 20, of the state constitution by "failing to maintain a public school system that provides [them] with suitable and substantially equal educational opportunities ...." Thereafter, the defendants filed a motion to strike certain portions of the complaint, claiming that these state constitutional provisions do not confer a right to " ‘suitable’ " educational opportunities and do not "guarantee equality or parity of educational achievement or results." The trial court concluded that the plaintiffs' claims were justiciable, but that article eighth, § 1, did not guarantee a right to a suitable public education. Accordingly, the trial court granted the defendants' motion to strike the portions of the plaintiffs' complaint making that claim.

Thereafter, the Chief Justice granted the plaintiffs' application for certification to appeal to this court pursuant to General Statutes § 52-265a. See Connecticut Coalition for Justice in Education Funding, Inc. v. Rell , supra, 295 Conn. at 243–44, 990 A.2d 206. In a split opinion, a majority of this court concluded that the trial court had improperly granted the defendants' motion to strike. Id., at 320, 990 A.2d 206 ; id., at 320–21, 990 A.2d 206 (Palmer, J. , concurring in the judgment). As the following discussion of the positions taken by the justices in their respective opinions makes clear, because Justice Palmer's concurring opinion provided the narrowest grounds of agreement, it was controlling. See State v. Ross , 272 Conn. 577, 604 n.13, 863 A.2d 654 (2005) ("[w]hen a fragmented [c]ourt decides a case and no single rationale explaining the result enjoys the assent of [a majority], the holding of the [c]ourt may be viewed as the position taken by those [m]embers who concurred in the judgments on the narrowest grounds" [internal quotation marks omitted] ), quoting Marks v. United States , 430 U.S. 188, 193, 97 S.Ct. 990, 51 L.Ed.2d 260 (1977).

Justices Norcott, Katz and Schaller concluded in a plurality opinion that the plaintiffs' claims were justiciable and, therefore, that this court had subject matter jurisdiction over the appeal. See Connecticut Coalition for Justice in Education Funding, Inc. v. Rell , supra, 295 Conn. at 269, 990...