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Judge says state fails poor students: Ruling may force hike in spending by millions

By Kevin Rothstein
Tuesday, April 27, 2004

Massachusetts may need to spend hundreds of millions of dollars on sweeping changes for its public schools after a judge ruled yesterday the state isn't living up to its responsibility to teach poor students.

"What Judge (Margot) Botsford has done in short is to say to the state, it's time to get the job done,'' said attorney Michael Weisman, who argued the case on behalf of 19 kids who said Massachusetts is short-changing their schooling.

In an exhaustive 357-page report, Suffolk Superior Court Judge Botsford said Massachusetts must re-examine education aid and figure out how much more money is needed to close the achievement gap between rich and poor.

Her recommendations, if adopted by the Supreme Judicial Court, could cost "hundreds of millions of dollars'' in more education aid every year, said state Sen. Robert Antonioni (D-Leominster), co-chairman of the Education Committee.

"Certainly over the long term you're probably looking at billions of dollars,'' he said. "Either way you slice it, you're talking about some real money here.''

The suit was filed by the Council for Fair School Finance, the same group that argued the landmark case that prompted the ruling that the state is responsible for providing an adequate education for all. Soon after, the Education Reform Act of 1993 was passed, but Botsford said students from poor districts were still being denied the right to an adequate education.

"Despite a number of impressive accomplishments of the commonwealth and the Department of Education over the past 10 years, the record here establishes that . . . the plaintiff children are not receiving the education to which they are constitutionally entitled,'' she wrote.

Botsford also laid out a series of broad reforms she said are needed:

• Preschool for all 3- and 4-year-olds, at no cost for those who can't afford it.

• Better teaching and more money for special education students.

• Improved school buildings.

• More attention to health, arts and foreign language instruction.

She also recommended improving remedial programs, lowering class size to below 20 students for pre-kindergarten through third grade and making several changes to the foundation budget formula, which governs how much state education aid local districts get.

Her report, written after 78 days of trial, was sent to the Supreme Judicial Court for review. She suggested the high court order the state Department of Education to report back in six months with a plan and a timetable. A special overseer could be appointed to ensure the order is carried out.

Gov. Mitt Romney [related, bio] and Attorney General Tom Reilly, who defended the case, declined to comment.

"Today's report by Judge Botsford makes clear that we have made great progress with education reform,'' Education Commissioner David Driscoll said in a statement.

Botsford was not so kind in her report, concluding staff cuts have left the department unable to help schools and districts improve.

"In the meantime, the plaintiff children in the failing schools continue to suffer,'' Botsford wrote.

Some superintendents from wealthier communities fear the additional money called for in the report will come from their coffers, said Tom Scott, head of the Massachusetts Association of School Superintendents.

The education provided to students in Brockton, Lowell, Springfield and Winchendon were examined in-depth at the trial on behalf of 15 other plaintiffs.

At Brockton High, students such as freshman Michelle Lawrence experienced firsthand what Botsford wrote about.

"Some students stand in the back throughout the whole class'' because of overcrowding, she said.

Textbook shortages have forced her teachers to photocopy books, which works except when they run out of paper.

At least 40 other states have or are facing similar education funding suits. New York is scrambling to meet a court-ordered deadline for submitting a plan to fix its state system. Competing plans estimate the cost from $2.5 billion to $20 billion.

Some states are considering tinkering with their sales tax to meet court-ordered education improvements. New Hampshire's legislature is considering new taxes.

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