Chris Christie Seeks To Reverse Landmark Education Funding Rulings

Gov. Chris Christie took legal action Thursday that could lead to reversing landmark education fundings rulings associated with Abbott v. Burke.

In a statement, Christie said he directed the Office of the Attorney General to file a "historic legal action" with the state Supreme Court to reopen the 30-year-old Abbott v. Burke case, which has yielded a series of rulings by the Supreme Court designed to improve educational programs for children in the neediest districts.

He noted that the landmark case also has resulted in "ever-increasing contributions" of taxpayer funds to those districts. Some lawmakers have proposed that a few of the 31 districts receiving state funds for their schools under Abbott v. Burke should be removed from the funding system since their districts' financial condition have improved since 1981.

“We’ve tried it for 30 years. What we know now is, more money alone does not translate into a better education," Christie said.

The Christie administration said it is seeking to clear statutory and contractual impediments that have hindered New Jersey’s maintenance of a “thorough and efficient system of free public schools,” as required under the state Constitution.

At least one Republican lawmaker applauded the governor's actions.

“This action demonstrates the governor’s commitment to the success of students who are being left behind by an outdated public-education system,” said Republican Leader Jon Bramnick, of Union. “Charter schools have shown the ability to successfully graduate more students at a lower cost than traditional public schools. The Legislature must join the governor in advocating for students in failing districts and the taxpayers who can no longer afford the costs of this failed system.”

The legal action asks that the commissioner of the Department of Education be given the authority to set aside "unconstitutional impediments" posed by state laws and labor agreements in order to hire and retain the best teaching staff available for New Jersey’s poorest and lowest-achieving school districts, according to the statement.

"Better teaching methods, more instruction time and improved educational programs make the difference, and we cannot in good conscience fail another generation of children living in the Garden State’s poorest school districts by denying them access to a proper education that is delivered by eager and capable teachers," Christie said. "This situation must change."

The differences in per-pupil spending of state aid in what are known as the “School Development Authority” or “SDA” districts is now triple and even five times more than the state aid provided per-pupil in other districts.

The Christie administration said New Jersey has spent nearly $100 billion in tax revenue on the 31 targeted districts since 1985, yet the students in those school districts continue to perform far below state education standards and the other districts in the rest of the state. Students in these districts also have lower graduation rates, and many of their graduates require costly remedial courses before attending college.

“It would be criminal to allow this situation to continue,” said Christie.

Today’s legal filings (linked here and here) seek to allow the Commissioner of Education to bypass — when necessary to maintain a thorough and efficient system of public schools — laws and collective negotiation agreements that prevent school districts from rewarding and retaining their best teachers, dismissing under-performing instructors, introducing improved educational programs and extending the amount of time students are in class and being taught by teachers.

Additionally, the legal action seeks to hold state funding for SDA districts at current levels while the legislative and executive branches enact a new system for funding education that is fair and constitutionally sound.

"These are obstacles to a quality education and should be removed. Increased funding should be tied to outcomes, and obstructive laws and contracts must yield to the state’s moral and legal obligation to provide all students across the state with the best education possible," Christie said.

Patch file photo