In an April 29 press release, Our Children/Our Schools (OC/OS), a statewide coalition of education, civil rights and advocacy groups formed to promote high quality education for all New Jersey children, declared its support for a Court challenge to the new School Funding and Reform Act of 2008 (SFRA). OC/OS "wholeheartedly supports the efforts of the Education Law Center," according to Elizabeth Smith, Treasurer of the Statewide Education Organizing Committee, a founding member of OC/OS.

ELC, which represents over 300,000 schoolchildren in New Jersey’s poorest urban districts, is challenging the State’s effort to end the landmark "Abbott" remedies requiring funding equity and a host of supplemental programs, including preschool, additional tutoring, class size limits and family support. [For more on ELC’s Court challenge see ELC press release.]

"Eliminating the Abbott remedies would return New Jersey to the days of separate and unequal funding for poor, urban schoolchildren," Smith said.

Since Abbott funding began in the late 1990s, there have been signs of real progress, Smith noted. Today, over 400,000, 3- and 4-year-olds attend high quality, early childhood programs. The math and language test score gap between urban and suburban fourth graders has been reduced significantly. New Jersey boasts the highest high school graduation rates in the country, including some of the highest rates for African American and Hispanic students.

"Much remains to be done, but these are significant accomplishments," Smith said. "Abbott is making a difference for at-risk kids. That’s progress we don’t want to lose."

Along with other groups, OC/OS mobilized against passage of the SFRA in January. The bill passed by the slimmest of margins in each house during the lame duck session of the State Legislature.

Smith noted that the SFRA runs counter to the guiding principles of OC/OS, which include support for much-needed resources for at-risk students, including those who live in concentrated poverty, those with disabilities, and English language learners.

"The State’s rationale for the new formula is that there are at-risk kids in many school districts, not just Abbotts," said James Harris, President of the New Jersey NAACP. "No one would deny that. But we feel that the Abbott remedies should be extended to those students. We don’t believe that the removal of needs-based supplemental programs and accountability will serve any of New Jersey’s students."

OC/OS has serious concerns about the State’s commitment to accountability, Smith said.

"The standards of accountability required in Abbott districts by the Supreme Court were never met," Smith explained. "Under the new formula, accountability to at-risk students and programs has been weakened. There are no requirements that school funds be spent specifically on programs for at-risk children."

"In addition," she continued, "the State’s accountability mechanism, QSAC, is untested, and an independent evaluator, KPMG, found that the New Jersey Department of Education lacked the capacity to carry out its duties. State budget reductions will further reduce department staff."

Smith said that OC/OS will be holding public discussions, informational sessions and dialogues with policymakers and legislators on the issues raised by the SFRA and the court case. The coalition will also track the impact of the new formula in both Abbott and non-Abbott districts.

"Everyone will be paying very close attention to the current case," Smith added. "Every avenue must be used to ensure that the gains of Abbott are protected, and that all children in New Jersey receive the educational resources they need and deserve."

OC/OS is planning other actions in connection with the current round of Abbott litigation and will continue to monitor and speak out on the flaws of the new funding formula.

For more information about OC/OS, visit www.ourchildrenourschools.org. Our campaign principles and a list of members and friends can be found on the site. You may also contact skrengel@edlawcenter.org.

Prepared: May 13, 2008