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Education
Law Center (ELC) was founded in 1973 by Paul Tractenberg,
then a young law professor at Rutgers Law School in Newark.
Professor Tractenberg - now considered the "dean"
of school finance in New Jersey and a nationally recognized
scholar on the subject -- took a leave of absence from Rutgers,
received a start-up grant from the Ford Foundation, and opened
the doors of this tiny non-profit advocacy organization.
Professor
Tractenberg had been deeply involved in the Robinson v. Cahill
school finance case. He became convinced that the effort to
end New Jersey's discriminatory practice of funding suburban
schools at a much higher level than urban schools would take
many years. He also believed that this effort must be led
by school children themselves, since they suffered from the
inadequate education that resulted from the state's unequal
funding laws. The school children needed a voice and ELC would
be it!
In
1976, the Robinson case concluded after many decisions by
the New Jersey Supreme Court. The Court reluctantly approved
the Public School Education Act of 1975, referred to as the
"T&E" law. New Jersey's first income tax was
also adopted to pay for the new funding law. Professor Tractenberg
and the fledgling ELC opposed the T&E law before the Supreme
Court on the grounds that, while a step in the right direction,
it would not cure the wide gap in funding between urban and
suburban schools.
Five
years later, Professor Tractenberg's prediction became true.
Data showed that the T&E law did not end funding inequities
between cities and suburbs, and, in fact, the situation was
getting worse.
Between
1976 and 1981, ELC was developing its capacity to analyze
the school funding laws. Staff was added to work on individual
complaints from parents and students on a host of education
issues. In 1979, Marilyn Morheuser -- Professor Tractenberg's
former student - was hired as executive director.
The
decision to put Marilyn Morheuser at the helm of ELC was momentous.
Marilyn did not enter law school until her mid-forties. For
nearly two decades, she was as a nun with the Kentucky-based
Sisters of Loretto, alternating between teaching assignments
and, particularly during the 1960's, working in the civil
rights movement. Her background in teaching and activism,
coupled with a methodical approach to the law, more than prepared
her for the success and notoriety she would enjoy as the tenacious
advocate for disadvantaged public school students throughout
the 1980's and early 1990's
In 1981, Marilyn filed the
Abbott v. Burke case on behalf of all children
attending poor and urban schools in New Jersey. She doggedly
pursued the case through the 1980's as the State of New Jersey
fought to keep the case from coming to trial. Finally, after
five years, the trial began, taking nine months during the
1986-87 school year. A year later -- in August 1988 -- Administrative
Law Judge Steven Lefelt issued his 600 page initial decision.
Judge Lefelt agreed almost entirely with ELC's case.
In
1990, the Supreme Court affirmed Judge Lefelt's decision in
its historic Abbott
II ruling, and ordered the State to provide
the urban school districts with funding at "parity"
with suburban schools and other supplemental programs to address
special needs. The Supreme Court then had to issue six more
decisions -- in 1994, 1997, 1998, 2000 and two in 2001 --
to assure State compliance with its ruling. With these decisions,
New Jersey's urban school children now have the most comprehensive
set of educational rights anywhere in the nation - a tribute
to ELC's vision, skill and resolve!
In
October 1995, Marilyn Morheuser passed away after a long bout
with cancer. She died still fighting to get a resistant State
to carry out the Supreme Court's 1990 decision in Abbott
II. Education and children's rights' advocates
everywhere mourned her death. Marilyn had indeed become a
heroine in the cause of equal educational opportunity across
the nation.
In
January 1996, David Sciarra was hired as ELC's new executive
director. David has spent many years as a civil rights lawyer
in New Jersey, including 10 years at the New Jersey Public
Advocate. Under David's leadership, ELC has greatly expanded
its capacity to provide services to individual parents and
groups seeking legal assistance in the resolution of problems
affecting the education of poor children and children with
disabilities. David also took up the Abbott case, arguing
in the Supreme Court against the Whitman funding law in 1997.
His work produced the landmark Abbott
IV decision in 1997, resulting in parity funding
for urban school children for the first time in 1997-98. He
also presented the evidence in the special remand hearings
in late 1997, and ELC's arguments on the need for early childhood
education, school reform and facilities improvements before
the Supreme Court in 1998. These arguments resulted in to
the unprecedented 1998 Abbott
V decision, in which the Court ordered
intensive preschool, supplemental programs, facilities improvements
and whole school reform.
Since
1998, David has filed several actions to enforce the Abbott
rulings, resulting in the 2000 Abbott
VI and Abbott
VII decisions on preschool and school facilities,
and the Abbott
VIII preschool order in 2001. Today, ELC
continues its efforts to monitor state implementation; to
help build local capacity in the Abbott districts; and to
facilitate coalitions of parents and community groups to improve
teaching and student learning to close the achievement gap.
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