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710 ATLANTIC REPORTER, 2D SERIES N. J. Suspensions. As

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710 ATLANTIC REPORTER, 2D SERIES N. J. Suspensions. As 450 N. J. 710 ATLANTIC REPORTER, 2d SERIES suspensions. As modified, the judgment of of funding public schools, students chal- the Appellate Division is affirmed. lenged constitutionality of funding plan de- veloped by state in response to judicial For modification and affirmance—Chief mandate. The Supreme Court found plan Justice PORITZ and Justices HANDLER, facially constitutional but unconstitutional as POLLOCK, O’HERN, GARIBALDI, STEIN applied to special needs districts (SNDs), and COLEMAN—7. ordered parity funding as interim remedy, Opposed–none. and remanded for fact-finding hearings, 149 N.J. 145, 693 A.2d 417. Following conduct , of fact-finding hearings by the Superior Court, Chancery Division, King, J., and sub- mission of Report and Recommendation 153 N.J. 480 with respect thereto, the Supreme Court, S 480Raymond ABBOTT, a minor, by his Handler, J., held that: (1) elementary school Guardian Ad Litem, Frances ABBOTT; reform plan proposed by state education Arlene Figueroa, Frances Figueroa, and finance officials comported substantially Hector Figueroa, Orlando Figueroa, and with statutory and regulaStory481 policies de- Vivian Figueroa, minors, by their fining constitutional guarantee of thorough Guardian Ad Litem, Blanca Figueroa; and efficient education; (2) full-day kinder- Michael Hadley, a minor, by his Guard- garten plan comported substantially with ian Ad Litem, Lola Moore; Henry Ste- same statutory and regulatory policies and vens, Jr., a minor, by his Guardian Ad was essential to satisfaction of constitutional Litem, Henry Stevens, Sr.; Caroline James and Jermaine James, minors, by guarantee; (3) implementation by special their Guardian Ad Litem, Mattie James; needs districts of half-day pre-school pro- Dorian Waiters and Khudayja Waiters, grams for three- and four-year-olds satisfied minors, by their Guardian Ad Litem, requirements of funding statutes and was Lynn Waiters; Christina Knowles, Dan- within statutory authority of state Commis- iel Knowles, and Guy Knowles, Jr., mi- sioner of Education to order; (4) Supreme nors, by their Guardian Ad Litem, Guy Court would authorize individual middle and Knowles, Sr.; Liana Diaz, a minor, by high schools and school districts to request her Guardian Ad Litem, Lucila Diaz; and obtain resources necessary to enable Aisha Hargrove and Zakia Hargrove, mi- provision of on-site health and social ser- nors, by their Guardian Ad Litem, Patri- vices to students and adequate security, on cia Watson; and Lamar Stephens and basis of demonstrated need; (5) Court would Leslie Stephens, minors, by their Guard- direct Commissioner to approve such re- ian Ad Litem, Eddie Stephens, Plain- quests and provide or secure necessary tiffs, funding therefor; (6) Court would authorize v. Commissioner to implement supplemental Fred G. BURKE, Commissioner of Edu- technology programs, alternative schools or cation; Edward G. Hofgesang, New Jer- comparable education programs aimed at sey Director of Budget and Accounting; reducing dropout rate, accountability pro- Clifford A. Goldman, New Jersey State grams, and school-to-work and college-tran- Treasurer; and New Jersey State Board sition programs at request of individual of Education, Defendants. schools or districts or as he himself might otherwise direct; (7) Court would direct Supreme Court of New Jersey. Commissioner to provide or secure funding Argued March 2, 1998. for requested summer-school, after-school, Decided May 21, 1998. and school nutrition programs for which there is demonstrated need; (8) Court would In ongoing action by public school stu- direct Commissioner to approve requested dents alleging unconstitutionality of system art, music and special education programs ABBOTT BY ABBOTT v. BURKE N. J. 451 Cite as 710 A.2d 450 (N.J. 1998) beyond those required as part of reform failing to meet CCCS. N.J.S.A. 18A:7F–1 to plan, upon demonstration of need therefor; 18A:7F–34, 18A:7F–6, subd. b. (9) school districts would be required, by 3. Schools O148(1) January 1999, to complete enrollment pro- jections and five-year facilities management Plan proposed by state officials, requir- plans for state’s use in ascertaining its con- ing schools in special needs districts to offer struction needs; (10) square footage require- full-day kindergarten, comported substantial- ments for educational areas in elementary ly with statutory and regulatory policies de- schools contained in state’s proposed edu- fining constitutional guarantee of thorough cational adequacy standards (EAS) satisfied and efficient education and was essential to constitutional obligations; (11) specialized in- satisfaction of state’s constitutional obli- structional rooms for art, music and science gation, and Supreme Court would therefore were not universally required at elementary require its immediate implementation to school level; (12) state’s proposal to empow- remedy constitutional, statutory and regula- er Educational Finance Administration tory violations inherent in exSisting483 system. (EFA) to issue bonds and to serve as gen- N.J.S.A. Const. Art. 8, § 4, par. 1; N.J.S.A. eral construction manager effectively ad- 18A:7F–1 to 18A:7F–34, 18A:7F–6, subd. b. dressed need for adequate facilities and cap- 4. Schools O19(1) ital improvements inherent in reform plan; Statute and regulations governing early and (13) disputes arising with S 482respect to childhood education mandate three tiers of reform plan would be considered disputes funding for pre-school programs in special arising under School Laws and would be needs districts: undifferentiated funds to be subject to administrative resolution proce- spent on pre-school in districts having 20% dures governing such disputes. poor students; monies to be spent on pre- Remedial relief ordered. school education for three-year olds in dis- tricts with 40% poor students; and extra funds to be used for services for elementary 1. Schools O148(1) school students in districts with funds re- Elementary school reform plan proposed maining after first two mandates are met. by state education and finance officials com- N.J.S.A. 18A:7F–16; N.J.Admin. Code title 6, ported substantially with statutory and regu- chap. 19–3.2d. latory policies defining constitutional guaran- tee of thorough and efficient education, and 5. Schools O148(1) Supreme Court would require its adoption as Implementation by special needs dis- presumptive elementary school model to tricts of half-day pre-school programs for remedy constitutional, statutory and regula- three- and four-year-olds satisfied require- tory violations inherent in existing system; ments of funding statutes and was within plan was adaptable to statutorily mandated statutory authority of state Commissioner of Core Curriculum Content Standards (CCCS), Education to order, and Supreme Court and its implementation was within statutory would require expeditious implementation of authority of Department of Education. such programs to remedy constitutional, stat- N.J.S.A. Const. Art. 8, § 4, par. 1; N.J.S.A. utory, and regulatory violations inherent in 18A:7F–1 to 18A:7F–34, 18A:7F–6, subd. b. existing system; continuing absence of early educational intervention would undermine 2. Schools O19(1) children’s later educational performance in Evidence of failure of public schools in public schools. N.J.S.A. Const. Art. 8, § 4, special needs districts to satisfy statutorily par. 1; N.J.S.A. 18A:7F–1 to 18A:7F–34, mandated Core Curriculum Content Stan- 18A:7F–6, subd. b. dards (CCCS) was sufficient to justify invoca- tion of Department of Education’s statutory 6. Schools O148(1) authority to implement budgetary reforms, Supreme Court would authorize individ- even in absence of express findings by state ual middle and high schools and school dis- Commissioner of Education that schools were tricts to request and obtain resources neces- 452 N. J. 710 ATLANTIC REPORTER, 2d SERIES sary to enable provision of on-site health and quest of individual schools or districts, or as social services to students for which there he himself might otherwise direct, in satisfac- was demonstrated need, in satisfaction of tion of schools’ constitutional obligation to schools’ constitutional obligation to provide provide thorough and efficient education. thorough and efficient education; varying N.J.S.A. Const. Art. 8, § 4, par. 1. needs of individual schools rendered imposi- tion of uniform system educationally un- S 48511. Schools O148(1) sound, and state shared with schools the Supreme Court would authorize state burden of ensuring provision of social service Commissioner of Education to implement al- component of thorough and efficient edu- ternative schools or comparable education cation. N.J.S.A. Const. Art. 8, § 4, par. 1. programs aimed at reducing dropout rate, at S 4847. Schools O148(1) request of individual schools or districts or as Supreme Court would require state he himself might otherwise direct, in satisfac- Commissioner of Education to authorize tion of schools’ constitutional obligation to requested school-based health and social provide thorough and efficient education. service programs for which there was dem- N.J.S.A. Const. Art. 8, § 4, par. 1. onstrated need, and to provide or secure necessary funding therefor, to enable mid- 12. Schools O148(1) dle and high schools to satisfy schools’ Supreme Court would authorize state constitutional obligation to provide thor- Commissioner of Education to implement ac- ough and efficient education. N.J.S.A. countability programs at request of individu- Const.
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