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Bradford v. Maryland State Board of Education

History

The foundation of the Education Reform Project is the belief that the Maryland Constitution’s “thorough and efficient” education clause inherently meant that students are entitled to “an education that allows them to meet contemporary educational standards” (Hornbeck v. Somerset Co. et. al.). The ACLU of Maryland brought this argument to the courts in December 1994 with a lawsuit on behalf of the Baltimore City schoolchildren and parents. The suit was argued by the law firm of Howrey, Simon, Arnold & White, LLP, and was named after Keith and Stephanie Bradford, the lead plaintiffs in the case.

The City of Baltimore filed its own education funding suit nine months later, and the two cases were consolidated. Nearly two years after the initial filing, Baltimore City Circuit Court Judge Joseph H. H. Kaplan agreed with the ACLU’s argument, ruling that the Maryland Constitution does guarantee children an adequate education (as measured by contemporary educational standards). Furthermore, Judge Kaplan found that Baltimore City public schools were not receiving an education that is constitutionally adequate.

Before a trial could begin to determine a remedy, the State, City and ACLU entered into a “Partnership Agreement” in November 1996. This agreement changed the governing structure of the Baltimore City Public School System (BCPSS), making the City schools a separate entity governed by a newly created Board of School Commissioners, which would in turn hire a Chief Executive Officer. The agreement also required the creation of a Master Plan for management reform and student achievement. As a final condition under the agreement, the City school system would receive $30 million in additional State funding for the fiscal year 1998 and $50 million per year for the four years after that, a total of $230 million over five years. In addition, BCPSS would receive $10 million a year from the Maryland School Construction Program from fiscal years 1998 to 2002. The agreement would be revisited after five years.

To see a copy of the Consent Decree that produced the Partnership Agreement, click HERE.

The General Assembly passed the Partnership Agreement in Senate Bill 795 (link to SB795: http://mlis.state.md.us/1997rs/billfile/SB0795.htm ), which was enacted in April 1997, with the additional funding factored into the budget for the following years. However, the governor’s budgets for both 1998 and 1999 threatened to erode the full funding legally mandated under the partnership agreement. The ACLU advocated with legislators to successfully avoid this danger and all the promised funding was delivered.

Evaluation  Uncovers Need for Additional Funding

As part of the legislation for the city-state partnership, an outside firm was hired in 1999 to conduct an “interim evaluation” of the City school system’s progress. In its February 2000 report, the expert consultant firm, Metis Associates, found that there had been progress in the City schools, but the system still needed approximately $2,700 per pupil for additional needed reforms.

At the same time, under terms of the Bradford Consent Decree, BCPSS developed a “remedy plan”—a blueprint for programs and staffing for city children with an estimated cost of $265 million. With an expected billion-dollar state budget surplus, the ACLU and BCPSS presented the Remedy Plan to the Governor in accordance with the decree.  Despite the surplus, BCPSS was only given an $8 million increase in funding.

Back to Court

While BCPSS, the ACLU and Metis were analyzing the City schools, the General Assembly tackled the issue of statewide education spending. Its solution was to pass legislation creating the Commission on Education Finance, Equity and Excellence. Signed into law on May 27, 1999, the bill tasked the commission with making recommendations to ensure the adequacy of funding and equity in funding for students in public schools statewide.”

More commonly known as the Thornton Commission, after its chairman, Dr. Alvin Thornton, the Commission on Education Finance, Equity and Excellence began meeting in the fall of 1999. Its findings would dramatically increase Maryland’s education funding.

For more information about the Thornton Commission and the Bridge to Excellence in Public Schools Act, click HERE.

For more information about the Continued Campaign for Funding, click HERE.

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