Newark, NJ -- May 15, 2007

The NJ Department of Education has filed an emergency request with an Appellate Court to block public release of an October 2003 document containing alternative formulas for funding New Jersey’s public schools.

On April 23rd, Mercer County Superior Court Judge Linda Feinberg ordered the document -- a memorandum titled "Alternative Funding Formula Simulations" – released to ELC in its entirety. The document was provided in response to a lawsuit filed by ELC under the State’s Open Public Records Act (OPRA), but was heavily redacted by NJDOE which claimed its contents were "deliberative" and should be kept from the public.

Even with the redactions, it is clear from the document that the NJDOE in 2003:

• prepared alternative school funding formulas, using the results of the education cost study;
• determined the cost of the funding formula options,
• "simulated" the distribution of state aid to New Jersey school districts under these options;
• determined the changes to state aid for districts using the alternative formulas; and
• determined the impact on local property taxes under each alternative.

In asking the Appellate Court for an emergency "stay," the NJDOE asserts that public release of information on alternative methods of funding New Jersey’s public schools would "chill" the ability of State education officials to make future decisions on funding formulas. The Department also contends that release of this information would hinder the Department’s future efforts and public discourse on a new school funding formula by creating "unnecessary and premature controversy and criticism."

ELC will vigorously oppose the legal efforts of NJDOE to keep the document from the public. "We strongly believe the release of this information will stimulate, not stifle, public discussion and ensure development of a credible school funding formula," said ELC Senior Attorney Elizabeth Athos. "School funding is an issue of vital importance to New Jersey’s children and taxpayers. Full and unimpeded access to information will maximize participation in the process and build public confidence in the outcome."

In the OPRA lawsuit filed by ELC last summer -- ELC v. NJDOE – Judge Feinberg ordered the release of numerous documents related to the 2003 study of education costs performed by the NJDOE and John Augenblick, a Denver school finance consultant. The study was released in summary form by NJDOE in December 2006, and has been roundly criticized by NJ education stakeholders and national experts.