Monmouth Legislators Speak Out On Abbott Ruling

By Art Gallagher

Several members of Monmouth County’s legislative delegation have come out strongly in condemnation of today’s NJ Supreme Court Decision mandating that the State spend an additional $500 million dollars to fund Abbott school districts.

Senator Joe Kyrillos:

“The Court has no constitutional authority to order the Legislature or the Executive branch to spend tax dollars as they have in this decision. The Majority’s opinion is made all the more illegitimate by the fact that this case was heard by only five judges, only three of which concurred with the Majority opinion and only two of which were approved by the Legislature through advise and consent.”

“The former Abbott districts spend more money to educate students than anywhere in America, and yet have not made any measurable progress in student achievement in thirty years. The Court’s decision today perpetuates that failure at the expense of the taxpayers of New Jersey, who are paying the highest property taxes in America because of an unequal and ineffective school funding policy.”

“Quality education will come to our most disadvantaged communities through reform, not unaccountable and unchecked spending. A thorough and efficient education will come when we change our education system to reward teachers based on merit rather than longevity and hold schools accountable for student achievement.”

Senator Kyrillos was the only member of the state senate to vote against granting tenure to Associate Justice Jaynee Lavecchia, who wrote the Court’s majority opinion. LaVecchia received tenure on November 14, 2006 in a 38-1 vote.

Kyrillos’ 13th district includes Keansburg, an Abbott district.

Senator Jennifer Beck:

“Today, The Justices of the New Jersey Supreme Court became legislators – this decision is a textbook example of judges legislating from the bench. By ordering the State to fund the 31 school districts, formerly known as Abbott districts, to the tune of $500 million, the Supreme Court has grossly exceeded its function as non-elected officials. The Governor presents a budget, and the Legislature passes it. The people of New Jersey elected these officials to make such decisions, but today the Supreme Court is overriding them all.

 

“I echo the dissenting decision written by Justice Rivera-Soto, who stated, ‘When, as here, there is grave doubt concerning the propriety of a procedural maneuver employed, it ill-becomes the Judiciary — the unelected branch of government — to engage in an unseemly power-grab under the guise of unnecessary constitutional adjudication.’ Justice Rivera-Soto is spot on, the court has stretched way beyond its constitutional power this time.

 

“The Abbott v. Burke decision was rendered in 1985, since then New Jersey has been funding these Abbott Districts year in and year out with little to no sign of improvement. Today, Abbott Districts are not the only areas in need of help. Here in Monmouth County we have the Red Bank Borough and Freehold Borough school districts that are both underfunded by more than 20% according to the School Funding Reform Act of 2008, Freehold Borough is struggling just to keep its head above water. We need to account for these type of needy suburban districts as well.

 

“Simply put, the Abbott decision is outdated and out of touch with the current demographic reality in New Jersey. The entire school funding formula needs to be rethought and recalculated. The additional money being put into many of these former Abbott districts is not bringing about the results that were hoped for. We need to reform education; more money is not the answer. The Court’s decision today is indicative of the fact that the Court is not interested in solving the problem and it is not the Court’s place to spend the taxpayer’s money.

 

“I fully support the goal of providing every child in New Jersey with a quality education, but how we do that is the responsibility of elected officials, not the courts, to determine.

 

Beck’s new district, the 11th, includes Abbott districts Long Branch and Asbury Park.

 

 

Senator Sean Kean:

 

“The New Jersey Supreme Court has overstepped its authority by assuming the budgetary role that our state constitution reserves for legislators,” said Kean. 

 

 

 

 “After decades of failure, I find it difficult to believe the Supreme Court does not recognize that money alone will not improve educational outcomes or turn bad schools into good schools,” said Kean. “The Supreme Court’s order to send another $500 million to chronically failing school districts will only drive up property taxes across the state, while perpetuating a disproven education philosophy that continues to fail students year after year.”

 

Instead of ordering the appropriation of even more funds to districts that have already wasted tens of billions without results or accountability, Kean suggested the Supreme Court would better serve students by removing itself from the education debate.

 

“Legislators from both parties have put forth a number of bold education reforms that would provide all students, regardless of where they live, the educational opportunities they deserve,” added Kean. “After decades of failure, perhaps it’s time for the Supreme Court to step aside and allow the Legislature to enact reforms that actually have a chance of working.”

 Kean noted that New Jersey already spends more per student than any other state, and state residents already pay the highest property taxes in the nation. Some recent reports have indicated that the former Abbotts, which are funded almost entirely through state education aid, already spend more than $20,000 per student annually.

Kean’s current district, the 11th, includes Long Branch and Asbury Park.  He is running for Assembly in the new 30th district, which does not have an Abbott district.

Assemblywoman Caroline Casagrande:

“Once again the New Jersey Supreme Court has overstepped its bounds and attempted to legislate from the bench on the issue of education funding.”

 

“Put aside for a moment the fact that, despite pouring billions of dollars into Abbott Districts, performance in those districts has not significantly improved. The New Jersey Constitution specifically tasks the Legislature with providing a thorough and efficient education to the children of New Jersey. The Supreme Court wouldn’t take a budget passed by the Legislature and say ‘you need to spend $500 million more’. Why they insist on usurping the clearly enumerated powers of the Legislature is beyond me.”

 

Casagrande is the sponsor of ACR 184, which proposes an amendment to Constitution specifying the Legislature’s right to determine how to provide for the maintenance and support of a thorough and efficient system of free public schools.

 

Casagrande concluded by saying “Our school funding system is so antiquated that even proposals to fix it have become outdated. Six years ago, the state developed objective metrics with which determined 13 of the 31 Abbotts would no longer qualify, yet the Supreme Court is forcing us to send additional funds to places like Hoboken, which is one of the wealthiest municipalities in the state. The Court should allow the Legislature to do its constitutional duty and come up with a school funding plan that guarantees all children an opportunity for a quality education.”

Casagrande will be representing Long Branch and Asbury Park as in the Assembly when reelected in November.

Posted: May 24th, 2011 | Author: Art Gallagher | Filed under: Uncategorized | Tags: Abbott Ruling, Monmouth County Legislators | 6 Comments »

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