State justices hear argument for freezing aid to poor schools Wednesday, May 03, 2006 • BY DUNSTAN McNICHOL • Star-Ledger Staff With Gov. Jon Corzine watching from the front row, Attorney General Zulima Farber asked the state Supreme Court yesterday for permission to freeze state aid to 31 of the neediest school districts, to help balance the state budget. "We simply don't have the money," Farber said several times during a 50-minute presentation to the court. "The circumstances the state finds itself in are indeed dire." Attorneys for the school districts argued that New Jersey's fiscal problems do not relieve the state of its constitutional obligation to fully fund a "thorough and efficient" public education for all students. David Sciarra, attorney for the students in the 31 districts, said costs have risen about 4 percent since last year, so the state's decision to hold funding steady would require cuts. "It's going to affect educational programs; it's going to affect supplemental programs; it's going to affect additional services," Sciarra said. The justices questioned both sides aggressively but seemed sympathetic to the state's financial plight and suggested local officials could tighten their belts. "At what point do the districts have to take some responsibility?" Chief Justice Deborah Poritz asked Sciarra during his presentation to the court. "I didn't see one single line of acknowledgment of responsibility to deal with difficult financial issues in a responsible way and trying to hold the line." Poritz said the court would rule later on the state's request. Yesterday's arguments, which stretched more than two hours, were the latest round in the 25-year-old Abbott vs. Burke lawsuit over public school funding in Newark, Camden and other needy communities. The debates over budgets have become almost annual events since 1998, when the court attempted to settle the case by demanding steep increases in state aid and a multibillion-dollar reconstruction of school buildings in the so-called Abbott districts. This year, Corzine raised the stakes in the debate by proposing a strict budget cap that would not include any options for local officials to appeal the state's budget decisions. Farber accused school officials in Camden, Vineland, Passaic and other communities of seeking "truly shocking" increases in state aid, and said she is "certain" local officials can make up any inflationary costs through cuts in such non-classroom expenses as transportation, food and administrative spending. She also said the state has already launched intensive reviews of local budgets and programs to identify waste or inefficient spending. Sciarra and Richard Shapiro, attorney for 16 of the Abbott districts, argued that it was improper to let the state unilaterally set budgets for the school districts without giving the districts an option for appealing to an independent authority. Corzine was the first governor to attend a Supreme Court hearing since Jim Florio sat in more than a decade ago, court officials said. Corzine's presence drew the ire of state NAACP President James Harris, who compared it to the actions of Southern governors in the 1960s who physically stood in the way to keep minority students from entering public schools despite court orders. "We view the governor's message as standing in the schoolhouse door," Harris said. "He has the audacity to come here, sit in the front row and support a decision that will result in a delay of constitutional relief." Corzine later said: "I'm disappointed he would use that kind of language. My history is to make sure everyone has access to the American dream." The governor made the comments while appearing before the Associated Press managing editors. Corzine's spokesman, Anthony Coley, issued a statement last night saying, "Mr. Harris should be ashamed of himself for equating the battles of African-Americans in the Jim Crow South with our fight to provide children with a quality education." Corzine's proposed budget includes about $4.25 billion for the Abbott districts. They have asked for about $500 million more in preliminary budget proposals. Farber told the justices that Corzine already has agreed to add at least $40 million of the $82 million in extra funds the local school officials are seeking to staff and operate new buildings scheduled to open in their districts next year. The state cannot afford the other increases the districts are seeking, she said. "Then I would ask them what other areas should be cut," Farber said to the justices. "Should I cut the Criminal Justice?" A state budget must be approved by July 1. Dunstan McNichol covers state government issues. He may be reached at dmcnichol@starledger.com or (609) 989-0341. © 2006 The Star-Ledger. Used by NJ.com with permission.