STATE CONSTITUTION

“There shall always be free public elementary and secondary schools in the state. The general assembly shall implement this principle by appropriate legislation.” Conn. Const. art. VIII, § 1.

“No person shall be denied the equal protection of the law nor be subjected to segregation or discrimination in the exercise or enjoyment of his or her civil or political rights because of religion, race, color, ancestry, national origin, sex or physical or mental disability.” Conn. Const. art. I, § 20, as amended.

MAJOR CASES

In 1977, in Horton v. Meskill, the Connecticut Supreme Court declared education to be a fundamental right, held that public school students in the state are entitled to equal enjoyment of that right, and concluded that the State’s school funding system, which depended primarily on local property taxes without significant equalizing State support, was unconstitutional. The Court also held that “educational financing legislation must be strictly scrutinized” and “must, as a whole, further the policy of providing significant equalizing state support to local education.” Following the Court decision, the State Legislature enacted a plan to address school funding inequities.

In 1996, in Sheff v. O'Neill, the Connecticut Supreme Court concluded that the existence of extreme racial and ethnic isolation in the Hartford public school system deprived schoolchildren of a substantially equal educational opportunity in violation of the State constitution’s anti-segregation provision. A 2003 settlement in Sheff required the State to increase the percentage of Hartford students attending integrated schools to 30% by 2007.

After the State failed to reach that benchmark, a 2008 settlement required the State to build more magnet schools in Hartford and expand the number of seats for Hartford students in public schools in the surrounding suburbs. That five-year settlement was renewed in 2013. In December 2015, plaintiffs returned to court alleging that the State had failed to comply with the agreement. 

In their 2005 complaint, the plaintiffs in Connecticut Coalition for Justice in Education Funding (CCJEF) v. Rell alleged that Connecticut schoolchildren were being denied educational opportunities, in violation of the State constitution, due to the State’s flawed school funding system. In 2010, the Connecticut Supreme Court held that the constitution requires the State to ensure adequate educational resources and standards to prepare students for participation in democratic institutions and employment or higher education. “To satisfy this standard, the state, through the local school districts, must provide students with an objectively ‘meaningful opportunity’ to receive the benefits of this constitutional right,” the Court said. The Court remanded the case, instructing the trial court to determine whether the resources and standards for public education were adequate.

In 2016, the trial court found that the State was not fulfilling its duty under the State constitution to provide children with a fair opportunity for a high school education. The State has appealed this decision.