Sheff v. O'Neill
Encyclopedia
Sheff v. O'Neill refers to a 1989 lawsuit and the subsequent 1996 Connecticut Supreme Court
case (Sheff v. O'Neill, 238 Conn. 1, 678 A.2d 1267) that resulted in a landmark decision regarding civil rights
and the right to education
.
area, acting through their parents, commenced a civil action in the Hartford Superior Court. The lead plaintiff was fourth-grader Milo Sheff. The suit named the State of Connecticut
, constitutionally elected officials including Gov. William A. O'Neill, and officials of various state commissions and agencies as defendants. The plaintiffs alleged significant constitutional violations under applicable sections of the State constitution which they believe constituted a denial of their fundamental rights to an education and rights to equal protection under the law.
In 1995, Judge Harry Hammer ruled in favor of the State in the case. His decision rejected claims that officials are obligated to correct educational inequities, no matter how they came to be. Further, he ruled that without proof that government action helped foster racial isolation, courts cannot require steps that would change the composition of city and suburban school enrollments.http://www.edweek.org/login.html?source=http://www.edweek.org/ew/articles/1995/04/19/30hart.h14.html&destination=http://www.edweek.org/ew/articles/1995/04/19/30hart.h14.html&levelId=2100 http://www.nytimes.com/1996/07/14/nyregion/integration-suit-7-years-later.html
This decision was appealed to the Connecticut Supreme Court
. On July 9, 1996, the court overturned Hammer's ruling, in a split 4-3 decision authored by Chief Justice Ellen Ash Peters
(Sheff v. O'Neill, 678 A.2d 1267 (1996), 678 A.2d 1267). Peters was joined in the majority opinion by Justices Robert Berdon, Flemming L. Norcott, Jr.
, and Joette Katz
. Justice David Borden authored the dissent, with Justices Robert Callahan and Richard Palmer
concurring with the dissent. The court ruled that the state had an affirmative obligation to provide Connecticut's school children with a substantially equal educational opportunity and that this constitutionally guaranteed right encompasses the access to a public education which is not substantially and materially impaired by racial and ethnic isolation. The Court further concluded that school districting based upon town and city boundary lines are unconstitutional, and cited a statute that bounds school districts by town lines as a key factor in the high concentrations of racial and ethnic minorities in Hartford. http://www.encyclopedia.com/doc/1P3-582143061.html
As a result of the Connecticut Supreme Court decision, the Connecticut State Legislature
passed in 1997 "An act concerning Educational Choices and Opportunities" which encouraged voluntary actions toward racial integration. The act also included a number of other measures related to magnet and regional charter schools and included a requirement for the Connecticut State Department of Education
to come up with a five-year plan to assess and eliminate inequalities between school districts. http://www.cga.ct.gov/ps97/Act/pa/1997PA-00290-R00HB-06890-PA.htm
In 1998, the Sheff plaintiffs filed a motion for a court order to require the state to adhere to the Supreme Court ruling.http://www.nytimes.com/1998/10/04/nyregion/end-to-school-segregation-voluntary-or-mandated.html?pagewanted=1. On March 3, 1999 Superior Court Judge Julia L. Aurigemma ruled that the state of Connecticut had complied with the decision of the Connecticut Supreme Court. http://www.jud.ct.gov/external/news/sheff.htm
In 2002 Judge Aurigemma held a hearing on the progress of the case and negotiations began on a settlement, which was approved in 2003 http://www.cga.ct.gov/2003/olrdata/ed/rpt/2003-R-0112.htm. It included a goal of having 30 percent of Hartford minority students in reduced-isolation school settings by 2007.
||
In 2007, the 2003 settlement expired short of its goal. An independent Trinity College
report found that only 9 percent of Hartford's minority students attended less racially isolated schools. http://www.trincoll.edu/depts/educ/css/Sheff2007.html The plaintiffs brought the issue back to court in 2007 and the two sides began talks on a second settlement.
In June 2008 a second settlement was negotiatedhttp://www.cga.ct.gov/2008/rpt/2008-R-0368.htm, calling for building more magnet schools in Hartford suburbs and expanding the number of spots for Hartford children in suburban public schools. The new settlement also included state-run technical and agricultural high schools. http://www.schoolfunding.info/states/ct/lit_ct.php3
In Dec 2008 the state and the plaintiffs issued a 50-page document that outlined exactly how the new goals would be met. The plan called for a mix of existing programs, creating new magnet and charter schools, increasing support for the programs and collecting data on progress. http://www.sheffmovement.org/pdf/SheffPhaseIIStipandOrder.pdf
Connecticut Supreme Court
The Connecticut Supreme Court, formerly known as the Connecticut Supreme Court of Errors, is the highest court in the U.S. state of Connecticut. It consists of a Chief Justice and six Associate Justices. The seven justices sit in Hartford, across the street from the Connecticut State Capitol...
case (Sheff v. O'Neill, 238 Conn. 1, 678 A.2d 1267) that resulted in a landmark decision regarding civil rights
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...
and the right to education
Education
Education in its broadest, general sense is the means through which the aims and habits of a group of people lives on from one generation to the next. Generally, it occurs through any experience that has a formative effect on the way one thinks, feels, or acts...
.
Timeline
On April 27, 1989, eighteen school aged children from the metropolitan Hartford, ConnecticutHartford, Connecticut
Hartford is the capital of the U.S. state of Connecticut. The seat of Hartford County until Connecticut disbanded county government in 1960, it is the second most populous city on New England's largest river, the Connecticut River. As of the 2010 Census, Hartford's population was 124,775, making...
area, acting through their parents, commenced a civil action in the Hartford Superior Court. The lead plaintiff was fourth-grader Milo Sheff. The suit named the State of Connecticut
Connecticut
Connecticut is a state in the New England region of the northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, and the state of New York to the west and the south .Connecticut is named for the Connecticut River, the major U.S. river that approximately...
, constitutionally elected officials including Gov. William A. O'Neill, and officials of various state commissions and agencies as defendants. The plaintiffs alleged significant constitutional violations under applicable sections of the State constitution which they believe constituted a denial of their fundamental rights to an education and rights to equal protection under the law.
In 1995, Judge Harry Hammer ruled in favor of the State in the case. His decision rejected claims that officials are obligated to correct educational inequities, no matter how they came to be. Further, he ruled that without proof that government action helped foster racial isolation, courts cannot require steps that would change the composition of city and suburban school enrollments.http://www.edweek.org/login.html?source=http://www.edweek.org/ew/articles/1995/04/19/30hart.h14.html&destination=http://www.edweek.org/ew/articles/1995/04/19/30hart.h14.html&levelId=2100 http://www.nytimes.com/1996/07/14/nyregion/integration-suit-7-years-later.html
This decision was appealed to the Connecticut Supreme Court
Connecticut Supreme Court
The Connecticut Supreme Court, formerly known as the Connecticut Supreme Court of Errors, is the highest court in the U.S. state of Connecticut. It consists of a Chief Justice and six Associate Justices. The seven justices sit in Hartford, across the street from the Connecticut State Capitol...
. On July 9, 1996, the court overturned Hammer's ruling, in a split 4-3 decision authored by Chief Justice Ellen Ash Peters
Ellen Ash Peters
Ellen Ash Peters was appointed to the Connecticut Supreme Court in 1978. She was the first woman appointed to that court.At age nine she emigrated to the United States with her parents from Nazi Germany...
(Sheff v. O'Neill, 678 A.2d 1267 (1996), 678 A.2d 1267). Peters was joined in the majority opinion by Justices Robert Berdon, Flemming L. Norcott, Jr.
Flemming L. Norcott, Jr.
Flemming L. Norcott, Jr. is an Associate Justice of the Connecticut Supreme Court. He was appointed to the Connecticut Superior Court in 1979 and remained there until his elevation to the Connecticut Appellate Court in 1987. He was appointed to the Connecticut Supreme Court in 1992. He also serves...
, and Joette Katz
Joette Katz
Joette Katz is Commissioner of the Connecticut Department of Children and Families, and a former Associate Justice of the Connecticut Supreme Court, where she also served as the administrative judge for the state appellate system....
. Justice David Borden authored the dissent, with Justices Robert Callahan and Richard Palmer
Richard N. Palmer
Justice Richard N. Palmer is an Associate Justice on the Connecticut Supreme Court. He was born on May 27, 1950 in Hartford, CT. He received his Bachelor of Arts Phi Beta Kappa, from Trinity College in Hartford in 1972...
concurring with the dissent. The court ruled that the state had an affirmative obligation to provide Connecticut's school children with a substantially equal educational opportunity and that this constitutionally guaranteed right encompasses the access to a public education which is not substantially and materially impaired by racial and ethnic isolation. The Court further concluded that school districting based upon town and city boundary lines are unconstitutional, and cited a statute that bounds school districts by town lines as a key factor in the high concentrations of racial and ethnic minorities in Hartford. http://www.encyclopedia.com/doc/1P3-582143061.html
As a result of the Connecticut Supreme Court decision, the Connecticut State Legislature
Connecticut General Assembly
The Connecticut General Assembly is the state legislature of the U.S. state of Connecticut. It is a bicameral body composed of the 151-member House of Representatives and the 36-member Senate. It meets in the state capital, Hartford. There are no term limits for either chamber.During...
passed in 1997 "An act concerning Educational Choices and Opportunities" which encouraged voluntary actions toward racial integration. The act also included a number of other measures related to magnet and regional charter schools and included a requirement for the Connecticut State Department of Education
Connecticut State Department of Education
Connecticut State Department of Education is a branch of the state government of Connecticut in the United States. The agency is headquartered in the State Office Building at 165 Capitol Avenue in Hartford...
to come up with a five-year plan to assess and eliminate inequalities between school districts. http://www.cga.ct.gov/ps97/Act/pa/1997PA-00290-R00HB-06890-PA.htm
In 1998, the Sheff plaintiffs filed a motion for a court order to require the state to adhere to the Supreme Court ruling.http://www.nytimes.com/1998/10/04/nyregion/end-to-school-segregation-voluntary-or-mandated.html?pagewanted=1. On March 3, 1999 Superior Court Judge Julia L. Aurigemma ruled that the state of Connecticut had complied with the decision of the Connecticut Supreme Court. http://www.jud.ct.gov/external/news/sheff.htm
In 2002 Judge Aurigemma held a hearing on the progress of the case and negotiations began on a settlement, which was approved in 2003 http://www.cga.ct.gov/2003/olrdata/ed/rpt/2003-R-0112.htm. It included a goal of having 30 percent of Hartford minority students in reduced-isolation school settings by 2007.
||
In 2007, the 2003 settlement expired short of its goal. An independent Trinity College
Trinity College (Connecticut)
Trinity College is a private, liberal arts college in Hartford, Connecticut. Founded in 1823, it is the second-oldest college in the state of Connecticut after Yale University. The college enrolls 2,300 students and has been coeducational since 1969. Trinity offers 38 majors and 26 minors, and has...
report found that only 9 percent of Hartford's minority students attended less racially isolated schools. http://www.trincoll.edu/depts/educ/css/Sheff2007.html The plaintiffs brought the issue back to court in 2007 and the two sides began talks on a second settlement.
In June 2008 a second settlement was negotiatedhttp://www.cga.ct.gov/2008/rpt/2008-R-0368.htm, calling for building more magnet schools in Hartford suburbs and expanding the number of spots for Hartford children in suburban public schools. The new settlement also included state-run technical and agricultural high schools. http://www.schoolfunding.info/states/ct/lit_ct.php3
In Dec 2008 the state and the plaintiffs issued a 50-page document that outlined exactly how the new goals would be met. The plan called for a mix of existing programs, creating new magnet and charter schools, increasing support for the programs and collecting data on progress. http://www.sheffmovement.org/pdf/SheffPhaseIIStipandOrder.pdf