Farber admits Abbot fiscal failures

AG tells state Supreme Court needy districts can do without more aid
Wednesday, May 03, 2006 • BY JOHN MOONEY • Star-Ledger Staff

In a striking admission before the state Supreme Court yesterday, the top lawyer for the state government said it has failed to properly oversee billions of dollars spent on court-ordered school reforms.

Attorney General Zulima Farber made the admission as she argued that the 31 needy school districts covered by the court's Abbott vs. Burke rulings can get by without an increase in state aid this year.

Farber went on to emphasize the districts' own responsibilities, and much of the hearing focused on the state's plans to better monitor their spending.

But clearly trying to distance Gov. Jon Corzine's administration from those of his predecessors, Farber said the state in the past could and should have done more.

"As I stand here today, I cannot deny the state neglected its responsibility to provide sufficient fiscal oversight," she told the court in her opening argument. "With that neglect, we have gotten far from the original intent of Abbott."

Farber was repeating a concern raised for years by advocates and others about the state's fiscal and educational oversight of Abbott programs.

Yesterday, lawyers for the Abbott children and their schools argued that the state's financial controls have improved, and said the state's contention that greater controls are needed is only meant to hide its failure to fund needed programs.

"It is unbelievable to hear the state now say they have no clue what's in these budgets," said David Sciarra, director of the Education Law Center. "They have been exhaustively reviewed."

Nevertheless, more reviews are coming, regardless of the court's ultimate decision. Farber told the court the state plans audits and budget reviews, and documents filed with the court laid out several other steps already under way to bring changes in the state Department of Education's Abbott division.

Long separate from the rest of the department, the division's fiscal monitors would be combined with the department's broader finance office. In addition, Deanna Burney, a national expert in urban education with the Annenberg Institute for School Reform, has been hired to develop a system for monitoring the effectiveness of Abbott classroom programs and curricula.

"It's an outstanding opportunity for us to be able to attract her and bring her into the department," said acting Commissioner Lucille Davy yesterday. "She has worked with other large urban districts around the country and has tremendous experience in this."

Davy, who served as education counsel for former Govs. Jim McGreevey and Richard Codey, acknowledged that the state can improve in its oversight role.

"It's natural that we look harder at this," she said. "I'm concerned that we're spending $18,000 a kid in Asbury Park, for example, and their results are near the bottom in almost any measure.

"We need to figure out why we are not getting the outcomes," she said. "It's clearly not a matter of resources."


John Mooney covers education. He may be reached at jmooney@starledger.com, or (973) 392-1548.
© 2006 The Star-Ledger. Used by NJ.com with permission.

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