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DISTRICTS’
COURT WIN RESTORES OVER $90M IN SUPPLEMENTAL PROGRAMS
ABBOTT SUPPLEMENTAL PROGRAMS TOTAL $415.6M IN FY04
The
Abbott districts’ successful legal challenge to NJ Department
of Education FY04 budget cuts has resulted in the restoration
of over $90 million in Abbott
supplemental programs. The rollback of these cuts
brings the total amount of supplemental programs secured by
the Abbott districts in FY04 to $415.6 million.
The
Abbott districts, exercising the appeal rights authorized
by the NJ Supreme Court in the landmark Abbott
V (1998) ruling, have waged a legal battle with
the NJDOE for nearly the entire school year over cuts in Abbott
supplemental programs. In a March
18th Order, the NJ Supreme Court agreed with the
districts that the NJDOE cuts were improper and violated an
earlier Court order granting the State a one-year "maintenance"
budget for FY04.
Following
the March 18th Order, the NJDOE recalculated the
districts’ budgets, restoring $90 million in supplemental
programs. The restoration of these programs – which include
reading tutors, school nurses, parent liaisons, guidance counselors
and other essential programs and services -- is the direct
result of the districts’ persistent efforts and commitment
to their students.
"Because
of the State's relentless pursuit of litigation, it took until
March to get the Supreme Court to order these programs restored.,"
said David Sciarra, ELC Executive Director. "For the
students’ sake, I hope NJDOE and the Attorney General
do not use the same delaying tactics when disputes arise over
next year’s Abbott budgets, especially since the Governor
vowed when he took office to end legal wrangling over the
Abbott remedies." he added.
The
Supreme Court ordered the State to immediately provide $21
million in supplemental funds, or enough to implement 25%
of the restored programs. Districts can apply to the NJDOE
for the remainder, and the DOE must "liberally construe"
those applications to ensure additional supplemental funds
to any district in need before the end of the school year.
Prepared:
May 5, 2004
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