Commentary on New Jersey’s School Equity Ruling’s 25th Anniversary

Laura Waters:

Therefore, relying on local property taxes to fund schools is unconstitutional and adequate funding, including compensatory services for disadvantaged students in New Jersey’s poorest 29 districts, “must be guaranteed and mandated by the State.” (Those 29 districts were called “Abbott districts” because the first name on the alphabetical list of plaintiffs was Raymond Abbott, a 12-year-old student from Camden. Two districts were added later.)

The court didn’t limit its pronouncement of inequity to funding formulas. The judges also pointed to the necessity of education reform in terms that today seem prescient.

In the second paragraph of the 69-page decision, Wilentz writes (emphasis my own): “We note the convincing proofs in this record that funding alone will not achieve the constitutional mandate of an equal education in these poorer urban districts; that without educational reform, the money may accomplish nothing; and that in these districts, substantial, far-reaching change in education is absolutely essential to success. The proofs compellingly demonstrate that the traditional and prevailing educational programs in these poorer urban schools were not designed to meet and are not sufficiently addressing the pervasive array of problems that inhibit the education of poorer urban children. Unless a new approach is taken, these schools — even if adequately funded –will not provide a thorough and efficient education.”

ELC’s litigation on behalf of New Jersey’s poorest students during Abbott II (it also filed a voluminous amicus brief for Robinson) has produced the most progressive and ethical schoolfunding mechanism in the country.

While we seem to rifle through funding formulas like teenagers through clothing fads — QEA, CEIFA, SFRA — Abbott districts are no longer dependent on local tax levies. In 2012, for example, the Camden public schools, which serve 15,000 students, had total revenues of $377 million, or about $27,000 per pupil. Local taxpayers were responsible for only 1.9 percent of that total.