MASSACHUSETTS

Constitutional Clause/Language

“It shall be the duty of legislatures and magistrates, in all future periods of this Commonwealth, to cherish ... the public schools and grammar schools in the towns.” Mass. Const. Part II, c. 5, s. 2.

Major Court Decision: McDuffy v. Secretary of Executive Office of Educ., 615 N.E.2d 516

Result: Financing System Overturned

Summary: The Massachusetts court did not hold that education is a fundamental right but instead held the financing system to be inconsistent with the educational quality requirements of the state constitution.  The court adopted the seven factor criteria of an adequate education outlined in Rose (Kentucky).  The court also stateD that equal expenditures among districts is not mandated.

Key Quotes:

“For purposes of determining whether Commonwealth has complied with its constitutional obligation to afford every public school student with an “adequate” education, adequately educated child must possess oral and written communications skills, knowledge of economic, social, and political systems, understanding of governmental processes, self-knowledge and knowledge of mental and physical wellness, grounding in the arts, occupational training or preparation for advanced training in either academic or vocational fields, and sufficient level of academic or vocational skills to enable him or her to compete favorably with counterparts in surrounding states.” [Footnote 3]

“In fulfillment of their duty, they may, as they have done, assign some responsibilities for education to the local communities of the Commonwealth. At all times, however, the ultimate responsibility for educating the public belongs to the “legislatures and magistrates.” If the mandate of the Constitution is not met, or if a statutory structure which worked at one time no longer works, the responsibility for the failure to educate falls squarely on the Commonwealth, specifically the “legislatures and magistrates.” They may delegate, but they may not abdicate, their constitutional duty.”  Id. at 611.

“We need not conclude that equal expenditure per pupil is mandated or required, although it is clear that financial disparities exist in regard to education in the various communities. It is also clear, however, that fiscal support, or the lack of it, has a significant impact on the quality of education each child may receive. Additionally, the record shows clearly that, while the present statutory and financial schemes purport to provide equal educational opportunity in the public schools for every child, rich or poor, the reality is that children in the less affluent communities (or in the less affluent parts of them) are not receiving their constitutional entitlement of education as intended and mandated by the framers of the Constitution.”  Id. at 615.

“It is clear that C. 5, § 2, obligates the Commonwealth to educate all its children. The bleak portrait of the plaintiffs' schools and those they typify, painted in large part by the defendants' own statements and about which no lack of consensus has been shown, leads us to conclude that the Commonwealth has failed to fulfill its obligation.”  Id. at 617.