|
Progress
toward Equal Educational Opportunity
for Urban Students in New Jersey
|
|
1875
|
The
New Jersey constitution is amended requiring the Legislature
to establish a system of "thorough and efficient education."
|
|
Feb.
1970
|
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.
|
|
Apr.
1973
|
The
New Jersey Supreme Court rules that heavy reliance on property
taxes for education discriminates against poor districts
|
|
Jul.
1975
|
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.
|
|
Jul.
1976
|
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.
|
|
Feb.
1981
|
ELC
files Abbott v. Burke
on behalf of urban school children, challenging the 1975 Act
as inadequate to assure a thorough and efficient education.
|
|
1985
|
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.
|
|
1986-87
|
Trial in Abbott takes place over a 9 month period before Judge
Steven LeFelt
|
|
Aug.
1988
|
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.
|
|
Feb.
1989
|
Education
Commissioner Saul Cooperman rejects the Judge LeFelt's decision.
He says the existing funding system provides equal education
opportunities.
|
|
May
1990
|
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.
|
|
Jun.
1990
|
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."
|
|
Mar.
1991
|
Governor
Florio signs an amendment to the Quality Education Art diverting
$360 million to property tax relief.
|
|
Jul.
1992
|
ELC
reactivates the Abbott case charging that the Quality Education
Act fails to comply with the 1990 Abbott
II ruling.
|
|
Jul.
1994
|
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.
|
|
Feb.
1995
|
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.
|
|
Nov.
1995
|
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.
|
|
Dec.
1996
|
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.
|
|
Jan.
1997
|
ELC
returns again to the Supreme Court to challenge the failure
of CEIFA to comply with the 1990 and 1994 Abbott
rulings.
|
|
May
1997
|
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.
|
|
Sep.
1997
|
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.
|
|
Jan.
1998
|
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.
|
|
May
1998
|
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.
|
|
Jul.
1999
|
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.
|
|
Mar.
2000
|
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.
|
|
May
2000
|
NJ
Supreme Court, in Abbott
VII, reaffirms its prior ruling that the State
must fully fund the Abbott school construction program.
|
|
Jul.
2000
|
Legislature
enacts Educational Facilities Construction and Financing Act
authorizing school construction program for Abbott districts
and school districts statewide.
|
|
Apr.
2001
|
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.
|
|
Sep.
2001
|
NJ
Supreme Court hears argument on State's continuing failure
to implement preschool.
|
|
Oct.
2001
|
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.
|
|
Oct.
2001
|
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.
|
| 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.
|
| 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.
|
| 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.
|
| Jun.
2002 |
Supreme
Court issues order in Abbott IX directing the one year freeze
on further implementation of Abbott remedies.
|
| Jul.
2002 |
McGreevey
issues Executive Order #24 establishing the Schools Construction
Corporation and calling for building "high performance"
schools.
|
| 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.
|
| Mar.
2003 |
McGreevey
Administration applies to the Court to remove the mandates
for whole school reform and supplemental programs.
|
| Apr.
2003 |
Supreme
Court directs the parties to mediate the disputed matters
before Judge Philip Carchman.
|
| May
2003 |
ELC
and the DOE conclude ten days of mediation and Judge Carchman
sens off a report to the Court.
|
| 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.
|
| Jul.
2003 |
Supreme
Court directs the DOE to fund the districts at amounts sufficient
to maintain expenditures authorized in the 2002-03 budgets.
|
| 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.
|
| Jan.
2004 |
Appellate
Division hears appeals by 21 districts challenging the State's
failure to provide $150 million in disputed state aid.
|
| Jan.
2004 |
Secondary
workgroup ordered in Abbott X begins meeting to develop research
based reform initiatives for Abbott middle and high schools.
|
| 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.
|
| 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 .
|
| 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.
|
| May
2005 |
Commissioner
Librera launches the Abbott
Secondary Initiative, an ambitious program of
middle and high school reform in Abbott districts.
|
| May
2005 |
In
a unanimous decision
,
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.
|
| 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.
|
| 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.
|
| 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.
|
| 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.
|
| 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.
|
| April
2007 |
ELC
asks the NJ Supreme Court
to order State officials and the Legislature to provide funding
to restart school facilities projects.
|
| May 2007 |
The
NJ Supreme Court rules in Abbott
XVII
on ELC's request for additional funds for school construction,
finding that the relief sought by ELC is "premature"
since the FY08 budget has not yet been adopted.
|
| Nov.
2007 |
Governor
Corzine proposes new school funding law that would eliminate
the Abbott distinction. The School Funding Reform Act is approved
in a lame-duck session of the Legislature and signed into
law in January 2008.
|
| Feb.
2008 |
NJ
Supreme gives Governor Corzine and legislators another chance
to approve new school construction funds in Abbott
XVIII .
|
| Mar.
2008 |
The
State files a motion seeking the state Supreme Court's declaration
that the School Funding Reform Act is constitutional and earlier
Abbott mandates can be eliminated.
|
| Jul.
2008 |
Governor
Corzine signs legislation
to provide $2.9 in state financing for Abbott school facilities.
|
| Nov.
2008 |
In
Abbott XIX ,
the Supreme Court remands the new school funding law case
to a lower court for evidentiary hearings, leaving in place
the Abbott remedies.
|