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The Continued Campaign for Funding and School Reform

Deficits lead to further court action

With increased funds from the city-state partnership, the Baltimore City Public School System (BCPSS) had double digit gains on the 2003 Maryland School Assessment, an annual statewide test given to measure students’ abilities in grades 3-8.

Those gains, however, were potentially in jeopardy after it was revealed in the spring of 2003 that the BCPSS had a $58 million accumulated debt. The system was bailed out with a loan from the City, but the timeframe for repayment was so short that schools would increase class sizes, cut summer school for at-risk students, eliminate guidance counselors and other specialists and encourage the retirement or attrition of skilled and experienced teachers.

Fearing that the impending budget cuts would result in declines for Baltimore City students, the ACLU of Maryland returned to court in July, asking Baltimore City Circuit Court Judge Joseph H. H. Kaplan to use his jurisdiction over the Bradford v. Maryland case to rule that Baltimore City schoolchildren’s right to an adequate education could not be trumped by the school system’s financial woes.

Click HERE to see the ACLU’s 2004 filing.

The judge agrees

Judge Kaplan responded to the ACLU’s petition in August 2004, saying that budget cuts had impermissibly interfered with students’ progress toward a constitutionally adequate education. As a remedy, Judge Kaplan ordered that $30-45 million should be restored to the school system, preferably with additional state and city funds. He also ruled that the BCPSS deficit should be paid off more slowly, making more funds available for children’s programs.

The ruling, however, went beyond deficit issues and looked at how the state was responding to Judge Kaplan’s 2000 declaration that the city schools needed an additional $260 million a year in state funds. He admonished that by phasing in the $260 million over time through Thornton, rather than implementing it immediately, the state had “unlawfully under-funded the Baltimore City Public School System by $439-$834 million.” Judge Kaplan recommended accelerating the Thornton funding so that it would be fully completed before 2008.

Click HERE for the full text of Judge Kaplan’s 2004 ruling.

State Challenges Again

The State appealed the decision to the Maryland Court of Appeals, the highest legal body in the state. The ACLU, along with many high profile groups and individuals, filed briefs asking the court to uphold Judge Kaplan’s ruling. The national groups that filed Friend-of-the-Court briefs noted that courts in 23 states had reached decisions similar to Judge Kaplan’s, showing that this case had well-established precedent in other areas.

A Victory

The Court of Appeals returned with its ruling on June 9, 2005. Mostly reaffirming the ACLU’s position, the court rejected the state’s appeal, saying that one could not preemptively file an appeal to get the trial judge out of the picture. However, the court also struck down part of Judge Kaplan’s 2004 ruling, saying that a state law requiring speedy repayment of the city school’s debt was constitutional.

Click HERE to read the Maryland Court of Appeals’ ruling.

Where we are now

Regardless of the legal struggles, the governor and General Assembly are still required by law to meet the funding requirements of the Bridge to Excellence in Public Schools Act, especially those funds earmarked for the BCPSS. At the same time, the responsibility also lies on the school system itself to take advantage of the additional funds and make sure that they are used appropriately and efficiently.

Following passage of the Bridge to Excellence, former Governor Robert Ehrlich refused to fund one key part of the Thornton formula—the Geographic Cost of Education Index (GCEI). Using the GCEI would allow school districts with higher costs, such as Prince George’s County or Baltimore City, to receive additional funds. The Bridge to Excellence in Public Schools Act mandated that the fiscal year 2004 budget should contain additional funding based upon the GCEI, but as of fiscal year 2007 those funds still had not been allocated. This represents a loss of almost $20 million for Baltimore City in fiscal year 2007 and even more in the future.

Meanwhile, the ACLU of Maryland keeps working to ensure that the executive and legislative branches fulfill their funding promises, combating attempts to reduce the education funding formula or delay the full phase-in beyond 2008.

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