N.J. Court Examines Schooling (NJ)

January 6, 2011

The New Jersey Supreme Court Wednesday grappled with questions fundamental to state support of schools. How much money is enough to educate children? Should the state be allowed to cut back during steep recessions? And which branch of government gets to decide?

The court heard arguments in a case challenging Gov. Chris Christie’s cuts to school funding this year. The Education Law Center filed a challenge as part of a long-running fight over school funding in the case Abbott v. Burke.

David Sciarra, the center’s executive director, said the state bucked the court’s directions when it cut more than $1 billion from subsidies for local districts in the $29.4 billion state budget for 2010-11. The Supreme Court in 2009 had said the state should test a new formula designed to distribute adequate school funding by fully funding it for three years.

Nancy Kaplen, a lawyer for the state, said the state couldn’t afford to pay what would be required under the formula—and won’t be able to in next year’s budget, either, suggesting the state would need to "recalibrate" it.

Ms. Kaplen said school districts with problems were receiving enough money but might be using it improperly. The state sent 57% of its subsidies to the poorest and largest districts, she said.

Under questioning from the judges, Ms. Kaplen said it was the court’s role to decide how—but not how much—money is spent. Yet she said she could see a point at which a very low funding level could "in itself create a disparity" if wealthy districts would be able to make up the difference.

Several judges appeared to be leaning toward calling for a hearing to tell how the level of funding was affecting schools—whether, for example, funding cuts were to blame for violence in schools that had to lay off security guards.

It’s unclear when the judges will return with a decision, but Mr. Sciarra admitted it was too late to fix this year’s budget.

Parents and advocates from across the state came to sit in the courtroom and watch from an overflow room.

Kevin Barfield, a single father of two boys from Camden, said he was worried about a cycle of poor resources leading to bad schools that have to be shut down. "Children are not being prepared to participate in this global economy," he said.