A Trojan horse threatens urban schools

Friday, October 01, 2004 • BY DAVID G. SCIARRA

At the first meeting of the property tax convention task force, a legal expert warned there will be "winners and losers" if a convention is held to amend the state constitution. This first meeting also made clear who the losers will be: New Jersey's 1.2 million public school students -- especially the mostly poor, black and Latino students in our urban schools.

The task force has already signaled it wants a convention in order to reduce property taxes by cutting spending on essential services. That includes spending on public education in all school districts. And some task force members are taking special aim at the funding ordered to improve our high-poverty urban schools by the state Supreme Court in the landmark Abbott vs. Burke case.

Because of the recent Abbott rulings, poor and minority children in Newark, Paterson, Camden and 28 other urban districts finally have adequate resources to support their education, after 50 years of segregation, isolation and neglect.

One self-appointed task force member, Senate Minority Leader Leonard Lance, is a proponent of amending the "thorough and efficient" education clause of the constitution to rescind the Abbott funding "parity" remedy. Under the Lance proposal, urban schools would no longer be funded at the level spent in suburban schools as Abbott requires, but lowered to the statewide average. The Lance proposal is a reverse Robin Hood scheme that would cut hundreds of millions in funds from poor urban schools for redistribution to lower property taxes in more-affluent towns.

The Legislature has refused to act on the Lance proposal and similar proposals in the past. Now Lance is ready to use the constitutional convention to accomplish what he cannot do legislatively: finance property tax relief by scaling back funding for urban schools to 1990s levels. In this way, Lance and his supporters would succeed in weakening the education rights of poor and minority students and cementing inequality directly in our constitution.

Several other task force members recently voted for legislation imposing strict spending caps on school budgets in all communities. The caps are so strict that many school districts now face having to cut education programs just to pay for increases in teacher salaries, health benefits and other fixed costs. In order to reduce property taxes, it's a sure bet that proponents of school spending caps would push hard to make them even more severe -- and permanent -- at the constitutional convention.

The convention is being marketed as the only way to overcome legislative gridlock on property taxes. Don't be fooled. The convention is a Trojan horse: It masquerades an effort by those who want to roll back New Jersey's historic progress in improving public schools, particularly those serving minority and poor children. And the opponents of education equity are counting on a runaway convention to undo over 30 years of hard-fought gains to ensure adequate funding for all children -- urban, suburban, middle income, rural -- to get a high-quality education.

New Jersey has arguably the best overall K-12 school system in the nation; a significant investment is required to maintain it. Because of Abbott, we are the only state to close the funding gap between the poorest and wealthier school districts. Dozens of states are now in court over this gap, including our neighbor New York, which may soon face a $6 billion court order to improve school funding in New York City alone.

So when politicians blame school spending for high property taxes, ask them to identify just one state that delivers better public education and equitably funds its high-poverty schools at a lower cost than New Jersey does. They can't, because there isn't one.

Our current problem with school funding is quite simple: Overall state aid for education has been flat for two decades, leaving most local districts with no alternative but to raise property taxes to maintain high-quality schools. Even when the Legislature increased state aid for urban schools to meet the Abbott court order, it stubbornly refused to increase state aid to other needy districts and to lower property taxes in districts with excessive school tax rates.

Yet in response to the same Abbott order to fix dilapidated urban school buildings, the Legislature passed a school construction program that is providing billions in construction aid to school districts statewide, giving every community real property tax relief.

The Legislature now needs the courage to do the same for school funding -- in other words, do the job they're elected to do.

The constitutional convention is a blatant attempt to turn back the clock to the not-too-distant past, when the quality of a child's education in New Jersey was determined by where you lived, your family's income, and the color of your skin.

Let's make sure that doesn't happen by sending the task force a simple message: Hands off our schools and the education rights of our children.


David G. Sciarra is executive director of the Education Law Center, and serves as counsel in Abbott vs. Burke.
Copyright 2004 The Star-Ledger. Used by NJ.com with permission.

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