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Court: New Funding Act Constitutional; No Need for Abbott Supplemental Aid

TRENTON, May 28, 2009 — The state Supreme Court today issued a 5-0 ruling, declaring that the School Funding Reform Act of 2008 is constitutional as applied to the state’s 31 Abbott districts. The decision satisfies the Corzine Administration’s goal to establish a single school funding system that applies to all districts.

“The legislative and executive branches of government have enacted a funding formula designed to achieve a thorough and efficient system of public education for every child, regardless of where he or she lives,” stated a syllabus of the decision.

“The political branches are entitled to take reasoned steps to address the pressing social, economic, and educational challenges confronting the state, without being locked in a constitutional straightjacket.”

Justice Jaynee LaVecchia wrote the decision.

Special Master Last year, the governor petitioned the court to secure its blessing for the new school funding system, which would relieve the state of the responsibility, established through a series of decisions in Abbott v. Burke, of operating and funding separate school aid strategies for the Abbott districts. Those court-ordered requirements included parity (spending for regular education in the Abbott districts at the same level as that of the state’s wealthiest communities) and supplemental funding (additional aid available to Abbott districts to support certain programs and services).

The court refused to immediately grant Corzine’s request and, instead, turned the matter over to a “special master” for fact-finding and preliminary arguments.

In March, Judge Peter E. Doyne recommended to the court that it declare the SFRA constitutional, that the matter be revisited after the SFRA was in operation for three years, but that supplemental aid should continue to be available to the Abbott districts.

No Supplemental Aid Today’s Supreme Court decision reflects Doyne’s recommendations—except for continuation of supplemental aid.

“The court held that the SFRA is meant to be a state-wide unitary funding system.”

It stated, “Because continuation of supplemental funding may undermine or distort the effectiveness of SFRA, and because the Abbott districts will be the recipients of a considerable amount of federal and other non-SFRA funds during the period of time until the look-back review occurs, the Court declines to order the continuation of supplemental funding until SFRA’s review occurs.”

“An order relieving the State from the Court’s prior remedial orders concerning funding to the Abbott districts, is GRANTED,” wrote Justice LaVecchia.

NJSBA will provide school boards with further information concerning the impact of today’s decision on school funding.