Judge sides against Phillipsburg in Abbott ruling, district hopes for supplemental aid

MOUNT LAUREL, N.J. | A state Superior Court judge Wednesday backed the Corzine administration's school-funding formula that treats school districts equally, ending additional funding for the Phillipsburg School District and 30 other so-called Abbott districts.

But in his recommendation to the New Jersey Supreme Court, Judge Peter Doyne recommended the state -- for at least the first three years -- allow the low-income districts supplemental aid beyond what the formula allows. He called for a streamlined application process for that additional money.

A group representing children in some of the state's poorest cities had asked the Supreme Court to find the new funding formula unconstitutional, saying the changes could hurt those students.

In November, the court assigned Doyne to study the question in the latest round of litigation over how one of the nation's richest states should educate its poorest children.

In a series of landmark rulings dating back to the 1980s, the state's high court has ordered New Jersey to do more for 31 of the poorest school districts. The rulings, known as the Abbott decisions, have triggered some deep political resentment from those who think judges go too far into policy questions and those who don't want to see so much tax money directed into the cities.

It's not clear when the Supreme Court might address the recommendation.

State to oppose supplemental money

Richard Shapiro, an attorney representing 13 of the Abbott districts, including Phillipsburg, said Doyne's inclusion of supplemental funding in his recommendation to the Supreme Court is an advantage.

"He did preserve the Abbotts' right to supplemental funding, which is very important to help those districts keep the programs and support that has been so successful in the last 10 years," Shapiro said.

David Wald, a spokesman for state Attorney General Anne Milgram, said Wednesday that the state government's top lawyer opposed continuing the supplemental aid and would argue that to the Supreme Court. But otherwise, Wald said, the state approved of Doyne's report.

"The judge clearly found that the new funding formula was designed to provide a thorough and efficient education as demanded by the state's constitution," Wald said.

The new formula was put into place for the current school year and represents a major shift. Districts with a high number of low-income students now get more state assistance -- even if they're not among the 31 districts that the court has ordered must get extra help.

In some cases, the aid to the poorest districts could decline in a few years.

Good and bad news seen

Phillipsburg Superintendent Mark B. Miller said the recommendation carries both good and bad news. He wondered what would happen after the three-year window for supplemental aid.

"The decision is good in that it locks us in for supplemental funding for three years," Miller said. "But it's not good because then what's left? What is the future?"

Since the Abbott designation has been yanked from Phillipsburg, the district has lost about $12 million and 104 employees, including those slated for cuts this year. If the strain on funding continues, Miller said, resources would remain tight.

"Then you're kind of playing a chess game," Miller said. "Where are you going to put the pieces?"

Phillipsburg is applying for $6.1 million in supplemental aid this year, in hopes of saving 25 staff positions and possibly restoring some of those lost last year.

Phillipsburg School Business Administrator, William Bauer said the application has been filed and the waiting has begun.

"We're in line," he said. "Hopefully they'll come through and we get some money to help the district out."