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The Education Law Center Sues Dept.
of Education to Release Education Cost Study
The
Department of Education determined in an internal state report
that more funding is needed to properly fund the states
public schools and that what is spent, is unevenly distributed
among the states districts. The shortfall is reportedly
about $500 million overall, relatively small compared to the
total $16 billion spent on education in the state. The report
was prepared in 2003, with annual updates prepared in 2004
and 2005. The report has never been released to the public
despite its relevance to the ongoing public debate about property
taxes and school funding.
On July 17, 2006, the Education Law Center
filed a lawsuit against the Department of Education seeking
to force the department to release the study. Despite several
requests made by ELC under New Jerseys Open Public Records
Act, the department has refused to disclose the cost study,
arguing that the information is "deliberative" in
nature. ELC argues that the data and information gathered
by the department is factual in nature, not deliberative and
of crucial importance to the public as the legislature prepares
for a special session on property taxes and a new school funding
formula.
In a July 19 article, the Star Ledger quoted
Richard Rosenberg, who led the cost study project as DOE assistant
commissioner for finance, as saying that the study found that
spending in most New Jersey districts was "fairly close
to the mark." Middle income districts appeared to be
especially underfunded because they were not wealthy enough
to raise enough funding locally nor poor enough to receive
extra funding from the state through Abbott v. Burke mandated
funding.
The Star Ledger article also quoted John
Augenblick, a Denver based school finance expert, who said
that the cost study fit the pattern of other states where
programs to educate students with special needs are significantly
more expensive. These children include English language learners,
students with disabilities and students of poverty.
For more information
on this lawsuit...
Prepared: July 25, 2006
Copyright © 2006 Education
Law Center. All Rights Reserved.
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