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2-1-11 Supreme Court denies NJ request of school fiscal crisis' and Information re: Remand Hearing
Star Ledger ‘State Supreme Court denies N.J. request on school fiscal issue’

The Record 'N.J. Supreme Court says state fiscal crisis cannot be factor in school funding review'

SFRA Remand trial set to begin on February 14 - NJ Supreme Court denies state's application for extension

Star Ledger ‘State Supreme Court denies N.J. request on school fiscal issue’

SFRA Remand trial set to begin on February 14 - NJ Supreme Court denies state's application for extension (Education Law Center Release)

 

State Supreme Court denies N.J. request on school fiscal issue

Published: Tuesday, February 01, 2011, 4:08 PM     Updated: Tuesday, February 01, 2011, 4:08 PM  By Jessica Calefati
TRENTON — The Supreme Court said today it will not give the state written permission to present evidence on the fiscal crisis when the state goes to court to defend education spending cuts.

The constitutionality of last year’s $820 million cut to state education aid has prompted another court battle in the landmark Abbott v. Burke case, which has routed millions to New Jersey’s largest, poorest school districts over the past three decades.

Earlier last month, the state Supreme Court appointed a Special Master, Superior Court Judge Peter Doyne, to conduct fact finding on the court's behalf and issue a report to the court by March 31. At issue is whether the state's public school students can still receive "a thorough and efficient" education, the standard required by law, in light of the spending cuts.

The state filed a motion to the court asking for written clarification to present evidence on the state budget.

“Save for the recognition that the Special Master is authorized to entertain any and all evidence as he sees fit in the proper completion of his assigned task, the State’s motion for clarification (on consideration of it’s fiscal condition) is denied,” presiding Justice Virginia Long wrote in the order.

Long also denied the state’s request for more time to prepare its case past the March 31 deadline .

Supreme Court Spokeswoman Winnie Comfort would not comment on whether the state must have the clarification it requested from the court to present evidence on the fiscal crisis.

At a status hearing two weeks ago before Judge Doyne, representatives from the state Attorney General's office did not answer repeated questions from Doyne on how the state would make its case.

The court also ordered last month that the state must prove that the budget cuts did not harm the quality of public education.

Editor's Note; An earlier version of this post was inaccurate in stating the Supreme Court decision. The Supreme Court said today it will not give the state written permission to present evidence on the fiscal crisis when the state goes to court to defend education spending cuts.

 

SFRA Remand trial set to begin on February 14 - NJ Supreme Court denies state's application for extension

Newark, NJ -- February 1, 2011

The January 13 order of the NJ Supreme Court appointed a Special Master to conduct a fact-finding hearing on the impact of cuts in school aid under the School Funding Reform Act (SFRA) on educational programs in districts across the state. In its order, the Court instructed Judge Peter E. Doyne, the Special Master, to issue a report on his fact-finding to the Supreme Court by March 31.

To meet this deadline, Judge Doyne advised the Attorney General and Education Law Center that the fact-finding hearing will begin on February 14. It is expected that the hearing will take one to two weeks.

In the meantime, the State filed a separate motion on January 26 asking the Supreme Court to extend the deadline beyond March 31. They also asked the Court to allow evidence of the State's budget difficulties to be included in the fact-finding proceeding.

Today, the State's requests were denied by the Court.

The State, which bears the burden of proving that the school funding cuts did not affect the districts' core educational program, will be the first party to call witnesses on February 14. ELC, which argues that aid cuts to schools in the FY2011 State Budget are unconstitutional in light of the Supreme Court's May 2009 decision in support of a fully funded SFRA, will have the opportunity to cross-examine the State's witnesses.

ELC expects to have witnesses from representative school districts across the state make presentations at the fact-finding hearing on the impact of the funding cuts on their students.

It is expected that ELC will begin to call witnesses the second week of the hearing.

The public is welcome in the courtroom during the remand hearing, which will take place at the Bergen County Courthouse located at 10 Main Street in Hackensack. For directions to the courthouse, please see: http://www.judiciary.state.nj.us/directions/berdirect.htm.