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NJSBA Comments on Judge’s Funding Recommendation

TRENTON, March 23, 2011 —The New Jersey School Boards Association today commented on the opinion issued by a court-appointed special master in the latest legal action involving school funding. The March 22 report by Judge Peter Doyne represents a recommendation to the court, which will consider further arguments from the state and the Education Law Center (ELC), which brought the complaint.

No timeline has been set for the court to issue a final ruling.

In his report, Doyne found that the state failed to meet its responsibilities to adequately fund public education when it reduced state aid for 2010-2011.

Support for SFRA “NJSBA supported the School Funding Reform Act of 2008,” said Marie S. Bilik, NJSBA executive director. “To a large degree, our support was based on two factors: the benefits of the new funding system to middle- and moderate-income communities, which had been neglected under previous funding formulas; and the continued recognition of educational challenges in poor communities.

“We recognize the dire financial circumstances that New Jersey state government faces,” she continued. “At the same time, we welcome Judge Doyne’s perspective on the state’s responsibility to fund its public schools. As the economy recovers, the state has a responsibility to renew its commitment to adequate financial support for public education.”

Impact on Students at Risk In his opinion, the special master determined that—

• An additional $1.6 billion in state aid would have been required to fully fund the state’s school finance formula, the School Funding Reform Act (SFRA), in 2010-2011.
• Despite the state’s best efforts to distribute 2010-2011 aid reductions in an equitable manner, the cuts fell more heavily on poorer school systems and the children within those communities.
• The aid reductions moved many districts further away from the “adequacy” levels of spending identified through the School Funding Reform Act of 2008.
• The greatest impact of the reductions fell upon at-risk students.

Special Master A court will a appoint “special master” to develop a record that it will rely upon when making a decision on a complex legal matter.

Doyne previously served as special master two years ago when the state successfully sought the court’s permission to implement the School Funding Reform Act of 2008, which eliminated certain protections granted to the Abbott districts while providing additional aid for the education of at-risk students who lived outside those communities. At that time, the ELC, which represents students in the 31 Abbott school districts, challenged the state’s action and opposed the new funding system.

Two years ago, Doyne found that the SFRA was constitutional as long as it was fully funded, and the court’s ruling concurred with his opinion.

The ELC returned to court late last year following enactment of the 2010-2011 state budget, which reduced aid to school districts. It argued that the state failed to meet the criteria set by the court when it did not fully fund the SFRA. The Supreme Court remanded the matter to the special master.

Limited Inquiry “The Supreme Court directed [that] the remand hearing address whether current levels of funding for [2010-2011], through the SFRA formula, can permit our school districts to provide a thorough and efficient education to the children of our State,” states the special master’s opinion. “…the answer to this limited inquiry can only be ‘no.’”

The New Jersey School Boards Association is a federation of 588 local boards of education and includes 44 charter school associate members. NJSBA advocates the interests of school districts, trains local school board members, and provides resources for the advancement of public education.