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2003-04
ABBOTT DISTRICT BUDGETS: CONTENTIOUS AND STILL NOT RESOLVED
Education
Law Center (ELC) is closely monitoring the budgets of the
Abbott districts for 2003-04. For the second
year, the NJ Department of Education is vigorously contesting
the districts’ budgets, and has rejected efforts to cooperatively
resolve disputed issues. As a result, districts are challenging
decisions by NJDOE and Commissioner of Education to cut their
budgets in court, a time-consuming process causing a serious
delay in finalizing spending plans for the current school
year. Here are the key developments in the process, as of
November 2003.
July
2003: Supreme Court Budget Order:
Over ELC objections, the Supreme Court
grants NJDOE authority to maintain Abbott district budgets
for a second year, i.e., to fund only the programs,
positions and services "approved" in 2002-03. In defining
"maintenance," the Court postpones funding any new supplemental
programs based on demonstrated need until next
year (2004-05). The Court also reaffirms the State's authority
under Abbott to eliminate any spending found not to be "effective
and/or efficient." Supreme
Court Budget Order (PDF) (July 23, 2003).
August
2003: NJDOE Budget Decisions:
As
required by the Supreme Court, NJDOE issues decisions on August
27th giving districts a preliminary maintenance
budget figure, and an estimate of the Abbott supplemental
funding (Additional Abbott v. Burke Aid) required for that
budget. DOE also identifies inefficiencies based upon audits
conducted by the State Treasurer.
September
2003: Administrative Decisions:
23 Abbott districts appeal the DOE
budget figures and funding estimates in hearings before Administrative
Law Judges. The Judges restore approximately $124 million
in funding for
supplemental programs to districts budgets.
October
2003: Commissioner Decisions: Commissioner
of Education William Librera rejects key rulings in the Administrative
Decisions, and wipes out an estimated $80 million of the supplemental
programs and funds restored to district budgets by the Administrative
Judges.
November
2003: Districts Seek Appellate Court Review:
21 Abbott districts file notice with
the NJ Superior Court seeking appellate review of the Commissioner’s
decisions.
November
2003: ELC Files Amicus Brief:
ELC, on behalf of the Abbott students,
files an amicus (friend-of-the-court) brief in support of
the district appeals. ELC argues that the NJDOE illegally
cut $124 million in supplemental programs and funding from
district budgets, in violation of the Supreme
Court’s July 23rd Budget Order (PDF).
The Appellate Court sets argument on the appeals for January
13, 2004, causing further delay in resolving current school
year budgets. ELC
Amicus Brief (PDF) and Summary
of Budget Cuts (PDF).
Prepared
November 24, 2003
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