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Progress
toward Equal Educational Opportunity
for Urban Students in New Jersey
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1875
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The
New Jersey constitution is amended requiring the Legislature to
establish a system of "thorough and efficient education."
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Feb.
1970
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A lawsuit, Robinson v. Cahill, brought on behalf or urban school
children, charges the state's system for funding schools discriminates
against poorer districts and created disparities in education.
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Apr.
1973
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The
New Jersey Supreme Court rules that heavy reliance on property taxes
for education discriminates against poor districts
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Jul.
1975
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The
Public School Education Act, Chapter 212, creates a new state-funding
formula for public schools, but lawmakers do not raise tax pay for
it.
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Jul.
1976
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The
NJ Supreme Court shuts down the public schools for eight days because
the Legislature failed to fund the new formula. The first New Jersey
state income tax is then enacted.
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Feb.
1981
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ELC
files Abbott v. Burke
on behalf of urban school children, challenging the 1975 Act as
inadequate to assure a thorough and efficient education.
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1985
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NJ Supreme Court issues Abbott I, remanding case to Office of Administrative
Law and ruling that to satisfy the Constitution, the State must
assure urban children an education enabling them to compete with
their suburban peers.
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1986-87
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Trial in Abbott takes place over a 9 month period before Judge Steven
LeFelt
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Aug.
1988
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Judge LeFelt issues a 600 page initial decision, finding for Plaintiff-children
and recommending a complete overhaul of State's system of providing
urban education.
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Feb.
1989
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Education
Commissioner Saul Cooperman rejects the Judge LeFelt's decision.
He says the existing funding system provides equal education opportunities.
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May
1990
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Governor Jim Florio introduces the Quality Education Act in anticipation
of a Supreme Court decision in favor of the Abbott children and
introduces a $2.8 billion state tax increase to pay for the new
law and the budget deficit he inherited.
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Jun.
1990
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The
NJ Supreme Court rules in Abbott
v. Burke (Abbott II) that inadequate and unequal funding
denies students in urban districts a thorough and efficient education
and requires the State to equalize funding between suburban and
urban districts for regular education and to provide extra or "supplemental"
programs to "wipe out disadvantages as much as a school district
can."
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Mar.
1991
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Governor
Florio signs an amendment to the Quality Education Art diverting
$360 million to property tax relief.
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Jul.
1992
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ELC
reactivates the Abbott case charging that the Quality Education
Act fails to comply with the 1990 Abbott
II ruling.
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Jul.
1994
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The
NJ Supreme Court, in Abbott
III, declares the Quality Education Art unconstitutional
because it does not equalize funding or guarantee needed supplemental
programs. The Court gives the State until 1997 to fully comply.
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Feb.
1995
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The
NJ Department of Education releases a rough blueprint designed to
achieve equalization between suburban and urban districts by reducing
spending in the suburban districts.
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Nov.
1995
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Gov.
Christie Whitman unveils a plan to change the school-funding formula
by capping spending in suburban districts at a minimum level by
directing implementation of the NJ Core Curriculum Content Standards.
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Dec.
1996
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Gov.
Whitman signs into law the Comprehensive Education Improvement and
Financing Act (CEIFA) that incorporates her plan, without the spending
caps in suburban districts. CEIFA authorizes spending in suburban
districts at existing levels, and limits spending in urban districts
at $1200 per pupil below the suburban average.
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Jan.
1997
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ELC
returns again to the Supreme Court to challenge the failure of CEIFA
to comply with the 1990 and 1994 Abbott
rulings.
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May
1997
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The
NJ Supreme Court, in Abbott
IV, declares CEIFA unconstitutional and orders state
officials to immediately increase funding for urban schools to parity
with suburban schools. The Court also orders a special hearing before
a Superior Court judge to determine the supplemental programs needed
by disadvantaged children and to determine facility needs in urban
districts.
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Sep.
1997
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The
State allocates $246 million to the Abbott districts to comply with
the Abbott IV
ruling. 1997-98 marks the first school year in which funding for
education is equalized between urban and suburban school districts.
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Jan.
1998
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After
two months of hearings, Remand Judge Michael Patrick King recommends
to the Supreme Court implementation of a package of supplemental
programs, including preschool, at an additional cost of $312 million
a year, and a program to renovate of replace urban school facilities.
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May
1998
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The
NJ Supreme Court issues Abbott
V and orders an unprecedented series of entitlements
for urban school children including: whole school reform, full-day
kindergarten and preschool for all 3 and 4 year olds, and a comprehensive
state managed and funded facilities program to correct code violations,
to eliminate overcrowding, and to provide adequate space for all
educational programs in the Abbott schools. Other supplemental programs
are also required such as health and social services, increased
security, technology alternative education, school-to work, after-school
and summer-school programs.
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Jul.
1999
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ELC
returns again to the NJ Supreme Court to challenge the State's failure
to implement well-planned, high quality preschool education for
all children in the Abbott districts.
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Mar.
2000
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NJ
Supreme Court, in Abbott VI,
rules that the State had failed to implement preschool education
as directed, and orders NJ Dept. of Education to overhaul program
for 2000-01.
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May
2000
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NJ
Supreme Court, in Abbott VII,
reaffirms its prior ruling that the State must fully fund the Abbott
school construction program.
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Jul.
2000
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Legislature
enacts Educational Facilities Construction and Financing Act authorizing
school construction program for Abbott districts and school districts
statewide.
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Apr.
2001
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Administrative
Law Judge Masin rules that the State had failed again to properly
implement the Abbott preschool program, as required in Abbott
V and Abbott VI.
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Sep.
2001
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NJ
Supreme Court hears argument on State's continuing failure to implement
preschool.
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Oct.
2001
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Appellate
Division of Superior Court hears arguments on the failure of the
State to establish clear, effective and comprehensive guidelines
for local school and district implementation of Abbott programs
and reforms.
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Oct.
2001
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Supreme
Court issues first half of Abbott VIII, directing timely state decisions
of preschool plans and budget and expected administrative appeal
process to resolve disputes between districts and DOE over plans
and budgets.
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| Feb.
2002 |
Supreme
Court issues second half of Abbott VIII, further clarifying requirements
for State implementation of the Abbott V preschool mandate, as augmented
by Abbott VI.
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| Feb.
2002 |
ELC
and McGreevey Administration establish the Abbott Implementation
and Compliance Coordinating Council, pursuant to Exective Order
#6, bringing together the parties to Abbott, including ELC, Governors's
office, Attorney General, Commissioners of Education and Human Services,
Higher Education, and Economic Development Authority to identify
implementation problems and solve them.
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| Mar.
2002 |
ELC
agrees to support McGreevey Administration application before the
Supreme Court for a one year freeze on further implementation of
Abbott remedies at 2002-03 levels. In exchange, McGreevey agrees
to boost preschool spending by $150 million and maintain parity
with an additional $83 million in a year when budget deficits require
flat State funding to all other school districts.
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| Jun.
2002 |
Supreme
Court issues order in Abbott IX directing the one year freeze on
further implementation of Abbott remedies.
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| Jul.
2002 |
McGreevey
issues Executive Order #24 establishing the Schools Construction
Corporation and calling for building "high performance"
schools.
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| Dec.
2002 |
Abbott
Implementation and Compliance Coordinating Council stops meeting
amidst strong rumors the McGreevey Administration will seek a second
year freeze on funding Abbott and will further seek to roll back
the Court-ordered mandates.
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| Mar.
2003 |
McGreevey
Administration applies to the Court to remove the mandates for whole
school reform and supplemental programs.
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| Apr.
2003 |
Supreme
Court directs the parties to mediate the disputed matters before
Judge Philip Carchman.
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| May
2003 |
ELC
and the DOE conclude ten days of mediation and Judge Carchman sens
off a report to the Court.
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| Jun.
2003 |
Supreme
Court accepts the mediation agreement, settling all matters except
the DOE's request for a second year freeze on state funding of Abbott
districts and issues the first half of Abbott X.
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| Jul.
2003 |
Supreme
Court directs the DOE to fund the districts at amounts sufficient
to maintain expenditures authorized in the 2002-03 budgets.
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| Aug.
2003 |
Cooperative
Rulemaking group ordered in Abbott X concludes its work on new Abbott
regulations and results in DOE accepting some recommendations and
ignoring others.
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| Jan.
2004 |
Appellate
Division hears appeals by 21 districts challenging the State's failure
to provide $150 million in disputed state aid.
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| Jan.
2004 |
Secondary
workgroup ordered in Abbott X begins meeting to develop research
based reform initiatives for Abbott middle and high schools.
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| Feb.
2004 |
Evaluation
workgroup ordered in Abbott X begins meeting to develop protocols
for independent evaluation of Abbott implementation, ordered in
Abbott V but not delivered by the DOE.
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| Jun.
2004 |
Governor
McGreevey signs a bill designating the Salem City public schools
as the 31st Abbott district, implementing a February 2003 decision
by Commissioner Librera in Bacon
v. NJ Department of Education .
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| Oct.
2004 |
The
Washington, DC-based Education Trust issues a report, "The
Funding Gap 2004,"
showing New Jersey to be a national leader in providing equitable
school funding for poor and minority students.
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| May
2005 |
Commissioner
Librera launches the Abbott
Secondary Initiative, an ambitious program of middle
and high school reform in Abbott districts.
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| May
2005 |
In
a unanimous decision
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the NJ Supreme Court directs the State to "ensure that full
funding is available" for preschool programs for three- and
four-year olds in NJ's Abbott districts.
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| Aug.
2005 |
In
response to a lawsuit by ELC, Superior
Court Judge Neil Schuster orders
DOE to prepare a plan to manage implementation of the Abbott reforms
for the years 2006 and 2007.
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| Jan.
2006 |
The NJ
State Board of Education rules
that students in 16 rural districts, like their urban counterparts,
are not receiving a thorough and efficient education under CEIFA.
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| Jan.
2006 |
For
the second year in a row, the Washington, DC-based Education Trust
issues a report, "The
Funding Gap 2005,"
identifying New Jersey as a national leader in providing equitable
school funding for poor and minority students.
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| May
2006 |
The
NJ
Supreme Court issues an order
granting a one-year Abbott funding freeze, while ordering the State
to work with districts to protect necessary programs, preserving
districts' rights to appeal insufficient State funding decisions,
and requiring the State to conduct fiscal audits and programmatic
evaluations of the Abbott districts and to promulgate regulations
in accordance with the APA.
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| May
2006 |
The
NJ
Supreme Court clarifies its order
of May 9, 2006, setting tight time frames for district budget appeals
and directing DOE to fund the opening expenses for all new and renovated
school facilities that come online in FY 2007.
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