State on Education Ruling from Education Law Center / Speaker Oliver Comments

Supreme Court Decision Supports SFRA - Now Fund All Districts

Statement from David Sciarra, Executive Director of Education Law Center (ELC) and lead attorney the plaintiff schoolchildren in the current school funding case:

The NJ Supreme Court ruled in today's decision that the State's failure to fund the School Funding Reform Act (SFRA) caused "instructionally consequential and significant" harm to at-risk students in districts all across the state. The Court also found that the harm to NJ schoolchildren from the funding cuts are not a "minor infringement" to their right to a thorough and efficient education, but "a real substantial and consequential blow" to that right.

We are gratified that the Court has reaffirmed its longstanding commitment to protect the constitutional rights of needy school children, even in difficult economic times.

On behalf of the plaintiffs, ELC argued vigorously for full funding of the SFRA statewide, in accordance with the Court's May 2009 decision upholding the formula. However, because of the limited scope of the Abbott case, the Court ordered that the formula be fully funded in FY12 for students in only the 31 highest in need, urban districts.

While the Court's order is limited, the Governor and the Legislature have a duty and responsibility under the SFRA law to remedy the harmful impact of the FY11 formula aid cuts on at-risk students wherever they reside in the state.

We call upon the Governor and Legislature to ensure that the funding needs of at-risk students in all districts are met. ELC is prepared to work with Governor Christie, Attorney General Dow and Legislative leaders on a plan to fully fund the formula in the FY12 budget for students in all districts across the state.

Speaker Oliver's Comments on the Court's Ruling:

(Trenton) - Assembly Speaker Sheila Y. Oliver (D-Essex/Passaic) released the following statement Tuesday on the state Supreme Court school funding ruling:

"This ruling confirms that this governor unfortunately failed to properly provide a proper education to at-risk children in our poorest school districts. The governor breached his responsibility to protect at-risk children, and I applaud the court for recognizing it.

"It's important to note that had the governor followed state law to begin with, the majority of additional school funding would have been awarded to suburban and rural districts. In fact, more than 70 percent of additional funding would have been sent to suburban and rural schools, providing a proper education and property tax relief to districts throughout the state.

"We must be committed to finding a way to help all school districts, as the governor should have done in the first place. I'm committed to doing that and am hopeful others will work cooperatively to accomplish that goal in the weeks ahead.

"This much is clear - everyone must now put the rhetoric aside and begin working together. The time for political sound bites and devotion to partisan ideology must finally be over. We have waged this fight for far too long. We have a problem here that needs to be fixed, and it won't be fixed with over-the-top speeches and blame."