Verniero: From the courtrooms to the classrooms

Monday, June 8, 2009
Last updated: Tuesday June 9, 2009, 10:56 AM

BY PETER G. VERNIERO

NorthJersey.com

Peter G. Verniero, a lawyer, formerly served as a justice of the New Jersey Supreme Court and state attorney general. As attorney general, he represented the state in the fourth and fifth Abbott cases.

IN THE AFTERMATH of the state Supreme Court’s recent school-funding decision, many are asking: Is this the end of the decades-long litigation known as Abbott v. Burke?

Although it is premature to declare an end to the case, the state is poised as never before to implement a comprehensive funding formula consistent with its constitutional mandate to provide a thorough and efficient system of education to all pupils.

For many years, at-risk students in predominately urban school districts have sought relief from the court, claiming that deplorable conditions in the so-called Abbott districts denied them the opportunity for quality education on par with pupils in the state’s more affluent communities. Given the demonstrated record of neglect in the Abbott districts, the court sided with the students there, directing the elected branches of government to respond and, in the absence of an acceptable alternative, ultimately ordering parity in funding with the wealthiest districts as well as other relief.

Over this period, governors and legislators of both political parties tried in good faith to comply with the constitutional mandate. Although there were some notable advancements, the state was unsuccessful under the Abbott line of cases in obtaining judicial validation of a comprehensive funding formula – until the May 28 ruling.

In this most recent case (the 20th in a series), the court relieved the state from the court’s prior funding orders. In so doing, it accepted the state’s argument that the statute adopted last year, which established a unitary system for all districts rather than one focused on separate funding streams to the Abbott districts, was constitutionally adequate.

Fair and adequate funding

As the court explained, in a careful and unanimous opinion written by Justice Jaynee LaVecchia, “the record reflects that the executive and Legislature have engaged in an accepted process to develop a fair and adequate funding system for use across the state.” (The creation of that record was supervised by a special master, Bergen County Assignment Judge Peter E. Doyne, who served diligently on an expedited schedule.)

The high court added, in deferential language rarely seen in an Abbott decision, “We see no reason, or basis, for us to second-guess the extraordinarily complex education funding determinations that went into the formulation of the many moving parts to this funding formula.”

The ruling assumes “a continued commitment by the Legislature and executive to address whatever adjustments are necessary to keep (the statute) operating at its optimal level.” The court also declared, “There should be no doubt that we would require remediation of any deficiencies of a constitutional dimension, if such problems do emerge.”

Despite those caveats, the court’s decision quite possibly signals a new era of school funding in New Jersey — one in which the energies in Trenton will be focused primarily on education, not litigation. For that truly to occur, all sides will need to work as partners, not legal adversaries.

In that respect, the attorneys involved in the case appear to be persons of good will. They include Attorney General Anne Milgram, who meticulously and skillfully presented the state’s position to the court, and David Sciarra, whose efforts and those of the Education Law Center on behalf of the Abbott districts’ children helped achieve significant progress. They and their clients seem to share a common goal of wanting our kids, wherever they live, to excel at school and advance in an ever-challenging world.

Seize the moment

Only time will tell whether all the participants in this process can seize this unique moment to move education from the courtroom to the classroom, and maintain a system that delivers the promise of quality education to all pupils – including at-risk students who deserve the chance to succeed as much as any child in the state.

The bottom line is this: For the time being, all three branches of government are moving in the same direction. If we could keep it that way, all of New Jersey’s school children would be the winners.

Peter G. Verniero, a lawyer, formerly served as a justice of the New Jersey Supreme Court and state attorney general. As attorney general, he represented the state in the fourth and fifth Abbott cases.