CCFOI opposes Section 6 of SB 1288, which would exempt the Open Choice enrollment algorithm and placement procedures from the Freedom of Information Act’s public disclosure requirements. This problematic section should be deleted in its entirety. Simply put, Section 6 would do an end run around a 2023 decision handed down by the Freedom of Information Commission (FOIC) and which is now being appealed by the state Department of Education in Superior Court.
See Michele Jacklin’s full testimony below.
SB 1288, AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE DEPARTMENT OF EDUCATION
Committee on Education
February 19, 2025
Good afternoon Sen. McCrory, Rep. Leeper, Ranking Members Berthel and Zupkus and Honorable Members of the Committee on Education:
My name is Michele Jacklin and I am co-president of the Connecticut Council on Freedom of Information (CCFOI). We are a 70-year-old organization comprised of CT news media outlets and First Amendment supporters. Our mission is to advocate and promote government transparency, public access, a strong Freedom of Information law and other measures that guarantee the rights of individuals and journalists under the First Amendment to the U.S. Constitution and the state Constitution.
CCFOI opposes Section 6 of SB 1288, which would exempt the Open Choice enrollment algorithm and placement procedures from the Freedom of Information Act’s public disclosure requirements. This problematic section should be deleted in its entirety.
Simply put, Section 6 would do an end run around a 2023 decision handed down by the Freedom of Information Commission (FOIC) and which is now being appealed by the state Department of Education in Superior Court. Oral arguments were heard in November of last year but the parties are still awaiting a ruling. CCFOI respectfully requests that legislators refrain from preempting the judicial process, which is what Section 6 of the bill would do.
One might ask, “What is the public interest in disclosing the school choice algorithm?” Parents, educators, taxpayers as well as legislators have a huge stake in knowing whether the programs that were designed to comply with the court rulings in Sheff v. O’Neill are effectively meeting their goal, that being to help end the racial and ethnic segregation of Hartford schools.
Consider these numbers: In FY 23 alone, the school choice programs accounted for 18.3 percent of the $2.9 billion in state education funding. In other words, magnet schools and Open Choice programs received nearly $1 of every $5 the state invested in public schools. That is an enormous sum of money, one deserving of public scrutiny. Consider some other numbers: In 2024, 2,800 students and 47 local school districts participated in an Open Choice program. And thousands more were enrolled in one of 46 magnet schools in the Greater Hartford region.
It is imperative to know whether state dollars are being spent wisely and whether schoolchildren are, in fact, benefitting from these programs. To help us to know that, it’s important to understand the algorithm and the protocols that are used for student placement in an effort to provide Hartford students with an equal educational opportunity.
In its decision, the FOIC ordered the state Department of Education to disclose its lottery and placement protocols, which consist of such criteria as home address, school preference, whether a sibling is enrolled in a certain school and socioeconomic status. To be clear, none of the records that would be released contain personally identifiable student information.
In conclusion, it’s impossible to assess the fairness and effectiveness of the Open Choice enrollment algorithm and the placement protocols if they are shielded from public view. To that end, Section 6 of SB 1288 ought to be deleted.
Thank you for your consideration.
Michele Jacklin
CCFOI Co-President