Preschool
program's cost lands in court
Justices to rule on state's obligation to
needy kids
Monday, October 25, 2004 • BY ROBERT SCHWANEBERG •
Star-Ledger Staff
One sweeping requirement in the state Supreme Court's
effort to get New Jersey to help its poorest kids was the
order establishing preschool programs in 30 needy school
districts.
Supporters say it has helped kids in poor areas increase
their chances of succeeding in school and in life.
David Sciarra, executive director of the Education Law
Center, whose lawsuit prompted the court decision, called
the program "phenomenal" and said the state is "now
recognized as a national leader in the provision of
preschool, especially to poor children."
But now that the program is up and running with 43,000
students, a battle has emerged on whether the state should
pay the full cost. The issue is joined in the state Supreme
Court on Wednesday when justices hear an appeal by five
needy districts claiming they were shortchanged on state aid
for preschool programs.
In part, it is a case about money.
As calculated by the nonprofit Education Law Center, 21
of the state's neediest school districts were shortchanged
$39.4 million in state aid during the past school year. Five
of those districts --
Phillipsburg, Pemberton,
Passaic, Neptune and Millville -- sued to recoup a total of
$14.7 million.
But it also raises larger questions about the state's
responsibility to fund education in poor districts and the
constitutional limitations on the Supreme Court's power to
give disadvantaged kids the same educational opportunity
other kids receive.
Richard Shapiro, a lawyer for the districts that are
suing, said students who have gone through preschool
programs have higher test scores and are less likely to drop
out or turn to crime once they get to elementary and high
school. "Preschool is the most important formative period in
the child's educational life," he said.
The case is the latest offshoot of a long-running
lawsuit, Abbott vs. Burke, that has prompted the court to
order the state to pay billions of dollars to improve
educational quality and facilities in the poorest
districts.
In 1998, in an effort to ensure that children in the
poorest districts enter kindergarten as well-prepared as
their peers in more affluent towns, the justices mandated
half-day preschool programs for 3- and 4-year-olds in the 30
so-called Abbott districts. The state Department of
Education subsequently required the Abbotts to provide
full-day preschool programs.
In May 2003, a state administrative law judge said the
state must pay the entire cost of those preschool programs.
But Education Commissioner William Librera rejected that
recommendation and ruled the state can require needy school
districts to pay part of the cost. In March, a three-judge
state appeals court said Librera was right.
Here's where the constitutional question comes in.
New Jersey's constitution requires all public school
students receive a "thorough and efficient" education -- a
clause that is the legal basis for the Supreme Court's
Abbott rulings. But Appellate Division Judge Clarkson Fisher
Jr. said this guarantee "is expressly limited to the
instruction of all children in the state between the ages of
5 and 18 years." Preschoolers usually are 3 and 4.
Fisher said because the preschoolers are "arguably
beyond the scope" of the constitutional mandate, the Supreme
Court's 1998 decision had to be "carefully" examined. He
said the justices "simply imposed an obligation on the
commissioner to "ensure that such funding is provided" and
did not require the state to pay the full cost.
The Attorney General's Office contends the ruling allows
the commissioner to base preschool aid on a district's
ability to pay.
Shapiro said if the districts don't get the money from
the state, they must raise it through local taxes. But he
said "there's a Catch-22." By law, he said, all of the money
an Abbott district raises through local taxes is already
counted in determining how much state aid is needed to bring
its per-pupil spending in kindergarten through 12th grade up
to the level of the state's wealthiest districts.
Sciarra said districts that lost preschool aid took the
money from their elementary and high school programs. "It's
a kind of 'robbing Peter to pay Paul' situation," he
said.
Some districts were spared. Sciarra said nine Abbott
districts, including Newark, Orange, New Brunswick and Perth
Amboy, got full state funding for preschool programs last
year.
But Shapiro said the state's approach opens the door to
further erosion of state aid to the poorest schools, both
for preschool and other programs.
"It's a continuing problem," he said.
Robert Schwaneberg covers legal issues. He can be reached
at rschwaneberg@starledger.com or (609) 989-0324.
© 2004 The Star-Ledger. Used by NJ.com with
permission.
|