Lawyers for urban school children at Education Law Center (ELC) have asked Governor Jon Corzine to exempt the Abbott districts from the new school funding formula until the State Supreme Court has had the opportunity to review the constitutionality of the new law.

With Abbott districts beginning to plan their 2008-9 school budgets, ELC has specifically asked the Governor to agree to keep parity-level funding and the opportunity to seek supplemental funding in place, as required by the Court in the Abbott rulings.

The Governor has indicated he wants Abbott districts to prepare their FY09 budgets using the new funding formula, rather than the Abbott requirements. The new formula, known as the School Funding Reform Act, was rushed through the Legislature in the recent lameduck session, receiving the bare minimum of votes needed for passage.

Many legislators and advocates oppose the new formula because it eliminates the Abbott remedies and will cause deep cuts in programs, staff and services in many Abbott districts over the next three years.

"With very serious constitutional issues at stake, it’s premature to apply the new funding formula to Abbott districts in advance of Supreme Court review," ELC Senior Attorney Elizabeth Athos said.

ELC lawyers also asked the Governor to have the new funding formula "remanded" or sent to a lower court for a full hearing that would bring forth all the facts concerning school funding and its impact on Abbott schools and students.

"Both strategies are complementary," Athos said. "Deferring implementation of the formula in the Abbott districts is the only proper way to proceed under the circumstances, and the only way to prevent the loss of needed staff and programs in those districts. And the remand is necessary so the Court will be able to thoroughly assess whether the Act meets the detailed standards for a thorough and efficient education under the Abbott rulings."

Advocates for urban school children are expressing support for ELC’s request, citing the need to avoid irreparable harm to school children in New Jersey’s poorest communities. Rosie Grant of the Paterson Education Fund said, "It’s important that we let state legislators know that the public is extremely committed to and concerned about equitable school funding."

ELC lawyers made their request in a January 28 letter to the Attorney General. Click here for letter.

Prepared: January 31, 2008

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