We have been hard on the Neptune Board of Education over their choice to negotiate with the ACLU over the use of the Ocean Grove Camp Meeting Association’s Great Auditorium as the venue for their high school graduation. We would have preferred that Neptune, or anybody, stand up to the over reaching ACLU and their cowardly client. We continue to believe that there are winnable legal arguments, right arguments, that the use of the Great Auditorium is not a violation of the first amendment required separation of church and state.
We don’t agree that covering the religious signs and symbols at the venue protects the rights of someone who does not agree with the message. We don’t believe that if someone feels like an outsider that their rights have been violated. We don’t believe that an ecumenical prayer to begin or end a ceremony or the singing of a hymn makes a civic ceremony a religious service.
We would love to see the ACLU crushed in court or to scamper away at the sight of a leader who would stand up to their bullying tactics.
However, in this case we believe the Neptune Board of Education and Superintendent David Mooij performed admirably for their community. As we were reminded this week with the Abbott Ruling, we have an arrogant, activist and dysfunctional judiciary in this state and country. As strong as their arguments would have been, there is a good chance that the Neptune board could have lost in court and the 70 year tradition of holding their graduation in the Great Auditorium could have been over. Such a result would have been most unfortunate for the community of Neptune. It appears that the Neptune board and Mooij were able to avoid that result. For avoiding that result and preserving the tradition they are to be commended.
We continue to have one major issue with the conduct of the board and administration in Neptune; their policy of protecting the identity of the ACLU’s client. The grumpy granny’s identity should be an easily searchable matter of public record. Her name should have appeared in the minutes of the Neptune Board of Education meeting last July when she first publically raised the issue. Instead, she was identified as “a member of the public.”
The woman who felt like an outsider at her grandchild’s graduation last year and concluded that her rights were violated should have gone to therapy rather than threaten to go to court. She knows she’s an outsider. By hiding her identity with the cooperation of the Neptune board and the ACLU she confirmed that she’s a sneaky outsider without the courage of her convictions to withstand public scorn and scrutiny.
By protecting the woman’s identity the board and administration put their 70 year tradition that means a great deal to the community at risk. Fortunately things worked out for the present and future Neptune graduates. Unfortunately those students also learned a lesson in the power of cowardice and complicity.
The Neptune Board of Education has agreed to cover religious signs and symbols in and outside of the Ocean Grove Great Auditorium, with the exception of the prominent cross on the building, and the ACLU has agreed not to take legal action to prevent the Neptune High School Class of 2011 graduation to take place at the auditorium, according to reports at Neptune Matters and Blog Finger.
The board agreed that this graduation and future ceremonies would be free of religious content, i.e., prayers and hymns.
The agreement clears the way for the 70 year Neptune tradition to continue.
The identity of the ACLU’s client has not been revealed. The complainant has been identified only as the grandmother of a student who graduated last year. MMM has narrowed the identity down to one of two women with the same last name, initial “B.” One an Eatontown resident, the other an Ocean Township resident. So long as this agreement sticks, MMM will cease efforts to confirm the identity of the complainant.
Sources within the Monmouth County Democratic Organization have told MMM that former Democratic Assemblyman and tri-City News publisher Dan Jacobson is running for Assembly in the 11th legislative district as a third party candidate.
Jacobson declined to comment. What a kitten. KITTEN, KITTEN, KITTEN!
If he runs, Jacobson would be challenging Republican incumbents Mary Pat Angelini and Caroline Casagrande and Democratic challengers Vin Gopal and Marilyn Schlossbach.
As an anti-government worker union fiscal hawk, Jacobson could draw votes from the Republicans. As a strong supporter of gay marriage…the issue that prompted him to consider a challenge to Kean…he could draw votes from the Democrats.
Which side do you think a Jacobson candidacy would help and hurt? Could he possibly win? Please tell us in the comments.
Last week, the treasurer’s office informs us that higher income tax revenue of slightly more than $500 million for the next 14 month will fill the state’s coffers.Yesterday, the Supreme Court ordered the state to spend $500 million more on schools in the Abbott districts.Call me cynical, but what a coincidence!
Did the Christie administration provide the Supreme Court with an “olive branch” by making this announcment about the tax windfall so it did not have to restore the $1.7 billion in school aid cuts the Education Law Center wanted?The ELC, in its lawsuit, asserted that amount was necessary for providing a “constitutionally” funded education for “at risk” students who attend Abbott District schools.
Yesterday’s Supreme Court decision cuts the proverbial baby in half.Abbott District schools get more state aid next year.Governor Christie and the Legislature do not have to come up with $1.7 billion more in school aid in next year’s budget as the ELC wanted, and the Supreme Court looks “reasonable” by not ordering a huge increase in funding that would require a substantial tax increase and/or reductions in other spending.
In short, the status quo remains—more money for the Abbott Districts where student achievement is frighteningly poor in many schools. The answer to the annual school funding battles is to separate schools and taxpayer funding. In the meantime, state school aid should be distributed on an equal basis as Senator Michael Doherty recently proposed. Equality under the law demands that the state not discriminate against any child. Period.
Murray Sabrin is professor of finance at Ramapo College and blogs at www.MurraySabrin.com.
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.
Today’s ruling by the State Supreme Court is disappointing, but not unexpected.
There are several reasons why I believe this decision represents everything that’s wrong with how Trenton has historically operated and everything that I am here fighting to change.
First, as a fundamental principle, I do not believe that it is the role of the State Supreme Court to determine what programs the State should and should not be funding, and to what amount.
The Court should not be dictating how taxpayer dollars are spent and prioritizing certain programs over others. The Supreme Court is not the Legislature; it should not dictate policy, it should not be in the business of discussing specific taxes to be raised and it should not have any business deciding how tax dollars are spent. A number of the members of the current Supreme Court agreed with that very position in today’s decision.
Those responsible for making decisions regarding how money is raised through taxes and how it is spent by government are those elected by the people and ultimately held accountable by the people.
Secondly, I believe the Court’s decision is based on a failed legal and educational theory that incorrectly reasons the key to establishing a thorough and efficient system of education is to throw more money at failing schools.
Let me be clear, I do believe funding education is critically important to New Jersey’s future. Even before today’s Court decision, we increased education aid by $250 million to every school district in this year’s proposed budget.
But, we must also acknowledge that money does not equal quality results. And there is now nearly 30 years of evidence that just throwing money at the problem is not the answer.
We should be getting better results with the taxpayer money we already spend and we aren’t which means changing the educational system goes beyond dollars and cents.
However, as Governor of New Jersey, I realize that regardless of my personal beliefs, I must comply with the New Jersey Constitution as interpreted by the New Jersey Supreme Court. In February, I submitted my budget to the Legislature for review and consideration. That is my constitutional obligation. Now the legislature has until June 30th to fulfill its constitutional obligation to pass a final budget.
In the light of the court’s ruling, it is now up to the Legislature to determine how the State is best able to fund the additional $500 million in aid to the Abbott districts specifically ordered in footnote 23 by the Court’s majority while also meeting the State’s other funding priorities as I proposed them. I have complete confidence that the Legislature understands its unique constitutional obligation to send a balance budget to me by June 30th. I am also confident that the Legislature understands its independent constitutional obligation to comply with the Supreme Court’s order in whatever budget they send to me for my consideration by the June 30th deadline.
I fully expect the Legislature will send me in a timely manner for my review and consideration a constitutionally balanced budget that includes how the Court’s order will be met.
My principles remain the same. New Jersey has some of the highest taxes in America. New Jerseyans are already incredibly overtaxed. Therefore, as I have repeatedly stated, I do not believe raising taxes is the answer. That has not changed.
I stand ready to execute my constitutional duties and consider what the Legislature submits as its final budget to me by June 30th.
A divided State Supreme Court ruled 3-2 this morning that New Jersey tax payers must continue to fund the so called Abbott school districts according to former Governor Corzine’s School Funding Reform Act of 2008. The Court’s decision can be found here.
Justice LaVecchia, writing for the court:
The funding to the Abbott districts in FY 2012 must be calculated and provided in accordance with the School
HELD: The Appropriations Clause creates no bar to judicial enforcement under the circumstances presented here.
Funding Reform Act of 2008. Relief is limited to the plaintiff class of children from Abbott districts for whom the
Court has a historical finding of constitutional violation and for whom the Court has had specific remedial orders in
place through Abbott XX.
Justice Albin and temporary Justice Stern concurred with LaVecchia. Justices Rivera-Soto and Hoens dissented.
The Court ordered that the State must increase spending in Abbot districts by $500 million in fiscal year 2012,
Saturday May 21 was a spiritual Judgement Day. God’s judgement and salvation were completed last Saturday, according to Howard Camping, and the world will be obliterated on October 21.
Camping’s radio station will not continue warning listeners of the pending doom, as the die has already been cast for those have been selected to ascend to heaven and those who have not. Instead the station will play Christian music and programs.
God will be spending the next five months readying accommodations for the 200 million new arrivals in heaven.
Former Godfather Pizza CEO Herman Cain is the top choice for the GOP nomination for President, according to an IBOPE Zogby poll released yesterday. New Jersey Governor Chris Christie is second.
Former Massachusetts Governor Mitt Romney’s standing among GOP voters improved in this latest Zogby poll which was conducted May 20-May 23. In the previous poll conducted May 6-9, 27% of the respondents said they would never vote for Romney. Only 9% said they would never vote for Romney in the more recent poll.
37% of the respondents believe Romney is most likely to be the nominee. No one else gets more than 6%.
Christie does best in a match-up with Obama, but trails, 45%-44%. Obama leads both Romney and Tim Pawlenty by 45%-40%. Obama is ahead of Cain, 46%-38%.
