1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35

36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67

funding to the districts and the districts are in a position to deliver an appropriate Abbott preschool program. However, the determination of the detailed issues in dispute concerning this question must be dealt with in separate proceedings. As for this "global" challenge, the question here is not whether any individual district received an adequate or an inadequate amount of funding, but instead whether there are systemic factors that exist that undermine the ability of the districts to obtain the funding they need or that limit the ability of the Department to assess that need. In this consideration, it is important to recall the Court's adjuration that determination as to "adequate funding remains critical to the achievement of a thorough and efficient education," Abbott V , supra , 153 N.J . at 517-18, quoted in Abbott VI, supra , 163 N.J . at 118. In addition, the Court's expectations as to the need for "assessment and evaluation" cannot be overlooked.

The ELC's specific complaints about inadequate funding include the aforementioned allegedly predetermined $4,500 per-child rate for community providers. However, the allegation that that rate was fixed without any evidence that it reflected a reasonable assessment of need, much less of the particularized need of specific districts, programs and children, also relates to a broader degree to the DOE's treatment of the districts' proposed budgets for the 2000-2001 school year. As the Department agrees that it must ensure full funding for all reasonable program needs through ECPA and, to the extent that ECPA funds are insufficient to meet adequate funding requirements, must ensure that supplemental funding is made available, there is no dispute about the fundamental funding responsibility. The Department properly insists that it must assure that funds requested are spent "effectively and efficiently." Abbott IV, supra , 149 N.J . at 195. The record contains a number of examples of the DOE advising districts that they would receive additional funds to implement the districts' plans, funds directly targeted to the early childhood program.²⁰

²⁰See letters included as Exhibit H to the Certification of Michelle Miller. These include notice of the issuance of additional funding to Pleasantville ($28,372); Vineland ($645,993); Gloucester ($50,198); and Keansburg ($300,000).