The Council For Fair School Finance in Massachusetts: Constitutional Requirements

"The provisions of the Massachusetts Constitution impose an enforceable duty on the magistrates and Legislatures of this Commonwealth to provide an education in the public schools for the children there enrolled, whether they be rich or poor and without regard to the fiscal capacity of the community or district in which such children live. It shall be declared also that he constitutional duty is not being fulfilled by the Commonwealth. Additionally, while local governments may be required, in part, to support public schools, it is the responsibility of the Commonwealth to take such steps as may be required in each instance effectively to devise a plan and sources of funds sufficient to meet the constitutional mandate. No present statutory enactment is to be declared unconstitutional, but the single justice may, in his or her discretion, retain jurisdiction to determine whether, within a reasonable time, appropriate legislative action has been taken.”
-----------Massachusetts Supreme Judicial Court

The landmark Supreme Judicial Court decision in McDuffy v. Secretary of Education directed the Commonwealth to define the basic standard of education required for all students and implement that adequate education across the state.

The SJC decision also listed seven capabilities that each child must possess. Those capabilities were, “ (i) sufficient oral and written communication skills to enable students to function in a complex and rapidly changing civilization; (ii) sufficient knowledge of economic, social and political systems to enable students to make informed choices; (iii) sufficient understanding of governmental processes to enable the student to understand the issues that affect his or her community, state and nation; (iv) sufficient self-knowledge and knowledge of his or her mental and physical wellness; (v) sufficient grounding in the arts to enable the student to appreciate his or her cultural and historical heritage; (vi) sufficient training or preparation for advanced training either in academic or vocational fields so as to enable each child to choose and pursue life work intelligently; and (vii) sufficient level of academic or vocational skills to enable public school students to compete favorably with public school students in surrounding states, in academics or in the job market.”

As a result of legal filings for the Hancock v. Driscoll lawsuit and other cases related to public education, the standard by which the Commonwealth will be judged for the Hancock case is the State's seven curriculum frameworks. This means that the state must demonstrate that children are receiving an adequate education in all of the areas covered by the frameworks, including the following basic subject areas and all of the components defined within each framework:

For a listing of the Commonwealth of Massachusetts' current Curriculum Frameworks, visit: if you are online you can click on this linkwww.doe.mass.edu/frameworks/current.html otherwise, copy the link into your browser to go to the Department of Education website.