The NJ Supreme Court issued an order today denying Governor Christie’s motion to reopen the landmark Abbott v. Burke litigation. ELC, counsel to the plaintiff school children, vigorously opposed the Governor’s action.
In the September filing, Governor Christie asked the Court to modify prior Abbott rulings by giving the Commissioner of Education unlimited authority to over-ride terms of teacher collective bargaining agreements and the law requiring teacher layoffs by seniority. The Governor also asked the Court to “freeze” state aid at current levels under the funding formula – the School Funding Reform Act (SFRA) which was upheld and enforced by the Court in the 2009 and 2011 Abbott XX and XXI – while the Executive and Legislature developed a new wholly undefined formula to be adopted at some indeterminate future date.
In denying the Governor’s motion, the Court noted the challenges to collective bargaining and seniority in layoffs “have not been subject to prior litigation in the Abbott line of cases.”
The Court, in its order, “declines to exercise original jurisdiction” to hear the motion “in the first instance,” thus deciding not to consider the merits of the Governor’s request.
“We are pleased the Court has turned down the Governor’s request. Issues related to collective bargaining and teacher layoffs were never in the Abbott case, which has been singularly focused on ensuring adequate funding and resources for students in New Jersey’s poorest schools,” said David Sciarra, ELC Executive Director and lead Abbott counsel.
Denying the Governor’s request to freeze school funding means that the Court’s directives in the Abbott XX (2009) and Abbott XXI (2011) rulings requiring the State to continue to use the SFRA formula to fund New Jersey’s public schools remain in full force and effect.
“With this ruling, we anticipate the Governor will follow the Abbott rulings and SFRA statute by using the formula to determine state aid for school districts in the FY18 State Budget,” Mr. Sciarra added. “We’re prepared to work with the Governor and Legislature to ensure the budget includes a long overdue increase in state aid, targeted to districts most in need.”
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