Judge: Schools to Stay Open Despite Lack of Finance Plan

A Suffolk Superior court judge yesterday issued an order forbidding the city of Boston to close the public school system, which yesterday exhausted its $210 million budget, 38 days short of the 180 school days required by state law.

Judge Thomas R. Morse Jr. '48 did not prescribe a specific plan to finance the Boston school committee's costs through June 19, the final day of the school years. However, he suggested that the city consider using $5.5 million it has in a reserve account earmarked for tax abatements as a first step in defraying school costs incurred as of today.

Court-appointed mediated Charles M. Haar, Brandeis Professor of Law, said yesterday during a recess that the judge would not impose a specific plan because it would be difficult for the court to administer.

Despite weeks of negotiations, Mayor Kevin H. White and the City Council have been unable to agree on a package to finance the school committee's projected $30 million operating deficit.

The council has proposed an $18 million bond issue backed by excise taxes on condominium conversions and parking violations.

The mayor has refused to sign the council's bill because the city "cannot deal with the schools in isolation," Richard Johnston, special counsel for the city, said after yesterday's hearings. He added that the mayor wants greater control over school spending and the council's authorization to borrow money for both the school deficit and property tax abatements. The mayor's latest counterproposal asks for a $45 million bond issue.

The city hopes to receive $9.4 million as early as today from the state legislature in compensation for school construction. Although the mayor has refused to promise these funds to the schools, city attorney Stephen O'Lesky said yesterday that he would inform Morse beforehand if the city intends to allocate the funds elsewhere.

The city yesterday appealed Morse's order to keep the schools open, but state Supreme Court Judge Ruth Abrams '53 said yesterday she would consider the appeal today