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Abbott V. Burke, 149 N.J

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Abbott V. Burke, 149 N.J Original WP 5.1 Version This case can also be found at 153 N.J. 480. SUPREME COURT SYLLABUS (This syllabus is not part of the opinion of the Court. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor approved by the Supreme Court. Please note that, in the interests of brevity, portions of any opinion may not have been summarized). Raymond Abbott, et al. v. Fred G. Burke, et al. (A-155-97) Argued March 2, 1998 -- Decided May 21, 1998 HANDLER, J., writing for a unanimous Court. In 1997, the Supreme Court remanded aspects of the school financing case to Superior Court Judge Michael Patrick King to conduct hearings and make findings and recommendations on the need for supplemental programs and facilities improvements in Abbott school districts. With the Court's approval, Judge King designated Dr. Allan Odden, a professor at the University of Wisconsin-Madison, as Special Master. Both the Commissioner and the Abbott plaintiffs submitted reports and recommendations to Judge King. Dr. Odden reviewed the proposals of the parties and issued a report (Appendix II to this opinion). Judge King issued his report and recommendation on January 22, 1998 (Appendix I to this opinion). The Supreme Court now addresses the recommended reforms and other proposed remedial measures. HELD: The Commissioner of Education shall: 1) implement whole-school reform and full-day kindergarten and half- day pre-school programs for three- and four-year olds as expeditiously as possible; 2) implement technology programs on the request of a school or district, or as he shall otherwise direct; 4) authorize accountability programs, as may be deemed necessary and appropriate, and to coordinate them with whole-school reform; 5) implement alternative schools or comparable education programs; 6) implement school-to-work and college-transition programs in secondary Abbott schools at the request of individual schools or districts or as the Commissioner shall otherwise direct; 7) prescribe procedures and standards to enable individual schools to adopt additional or extended supplemental programs and to seek and obtain the funds necessary to implement these programs, but only when the school has demonstrated a particularized need; 8) secure funds to cover the complete cost of remediating identified life-cycle and infrastructure deficiencies in Abbott school buildings, including making available necessary temporary facilities; and 9) initiate promptly effective managerial responsibility over school construction, including necessary funding measures and fiscal reforms as may be achieved through amendments to the Educational Facilities Act. 1. The Commissioner's recommended version of whole-school reform for elementary schools is Success For All (SFA). The administration, supervision, and implementation of SFA is multifaceted, with success dependent on obtaining support and approval of teachers, staff, and parents. The Commissioner and the Department of Education (DOE) have made it clear that the DOE will exercise its "essential and affirmative responsibility" to ensure the necessary changes take place. (pp. 9-15) 2. The Commissioner's proposal exceeds the requirements of a prototypical SFA school. The proposal recognizes the acute educational needs of the Abbott districts. The State's plan indicates that SFA can incorporate the Core Curriculum Content Standards (CCCS). The Court concludes that the Commissioner's proposal is consistent with the broad powers given him under the Comprehensive Educational Improvement and Financing Act (CEIFA) of 1996. Whole-school reform is a remedial measure that can create the opportunity to achieve a thorough and efficient education. It is consistent with both legislative and executive educational policy and comports with the intended effect of the Court's last decision in this matter. Implementation of SFA should proceed on the schedule proposed by the Commissioner, who is to implement a comprehensive evaluation program as soon as may be feasible. (pp. 15-20) 3. Both parties recommended full-day kindergarten programs for all Abbott five-year olds. That comports with the requirements of SFA. Full-day kindergarten should be implemented immediately and in no event later than September 1999. (pp. 20-22) 4. The Legislature has statutorily recognized the necessity of early childhood education for three- and four-year olds in the poorest school districts (see N.J.S.A. 18A:7F-16). It would appear inconsistent with the legislative mandate underlying CEIFA for the Commissioner not to use his statutory powers (see also, N.J.S.A. 18A:7F-6b) to direct Abbott districts to provide pre- school education for three- and four-year olds. The Court is convinced that such pre-school will have a significant and substantial positive impact on academic achievement in both early and later school years. (pp. 22-27) 5. In light of the Court's statutory construction of N.J.S.A. 18A:7F-16 and the Commissioner's powers under N.J.S.A. 18A:7F- 6b, the Court need not reach the constitutional issue regarding pre-school education funding. (pp. 27-28) 6. The Court agrees with the Commissioner that at this time, a half-day program for pre-schoolers should be sufficient to prepare them for entry to primary school. The Commissioner should require Abbott districts to implement, with adequate funding, the pre-school programs as expeditiously as possible, but no later than the 1999-2000 school year. (pp. 28-29) 7. Individual Abbott schools and districts have the right, based on demonstrated need, to request and obtain resources necessary to provide on-site social services that are not available within the surrounding community or cannot effectively and efficiently be provided off-site. It is the State, not just DOE, that bears the responsibility for ensuring that the social service component of a thorough and efficient education is provided to Abbott students. (pp. 30-35) 8. Security needs for students in Abbott districts will vary based on a range of factors peculiar to individual schools. Individual Abbott districts or schools have the right to request supplemental programs relating to security, which the Commissioner must authorize if the request is based on demonstrated need. (pp. 35-37) 9. Consistent with the Commissioner's recommendations, the Court authorizes him to implement supplemental programs involving technology, school-to-work, college-transition, accountability, and alternative school or comparable education. For middle and secondary schools, which will not initially have the benefit of whole-school reform, the supplemental programs may be necessary to ensure educational success of the students. (pp. 37-42) 10. The comprehensive whole-school reform and supplemental programs approved by the Court amount to a marked shift in emphasis from financing as such to education itself. Nevertheless, adequate funding remains critical to the achievement of a thorough and efficient education. The Court anticipates that the Legislature will be fully responsive to funding requests by the Commissioner that are necessary to implement the within decision. (pp. 42-43) 11. The State's constitutional obligations in respect of education include the provision of adequate school facilities. The DOE's facilities' study and its proposals constitute the basis for appropriate and necessary remedial relief. The Court concludes that DOE's recommendation to empower the Educational Facility Authority to finance the construction and renovation of schools in Abbott districts is appropriate, provided the mechanism would fund the complete cost of remediation in the Abbott districts. (pp. 44-51) 12. Given the time constraints the State faced, it has adequately complied with the facilities mandate in Abbott IV. Any disputes that might arise in respect of facilities should be handled under the procedures of the School Laws (N.J.S.A. 18A:7A- 1 to 7F-34), including access to both administrative and judicial review. (pp. 51-52) 13. The Court directs the Commissioner to promulgate regulations and guidelines that will codify the education reforms contained in the Court's remedial measures. The School Laws shall govern any disputes arising from the implementation, extensions, or modification of existing programs, the need for additional supplemental programs, the allocation of budgeted funds, and the need for additional funds. (pp. 52-54) The Court directs that the remedial relief consistent with its opinion be undertaken promptly. CHIEF JUSTICE PORITZ and JUSTICES POLLOCK, O'HERN, GARIBALDI, STEIN, and COLEMAN join in JUSTICE HANDLER's opinion. SUPREME COURT OF NEW JERSEY A- 155 September Term 1997 RAYMOND ABBOTT, a minor, by his Guardian Ad Litem, FRANCES ABBOTT; ARLENE FIGUEROA, FRANCES FIGUEROA, HECTOR FIGUEROA, ORLANDO FIGUEROA, and VIVIAN FIGUEROA, minors, by their Guardian Ad Litem, BLANCA FIGUEROA; MICHAEL HADLEY, a minor, by his Guardian Ad Litem, LOLA MOORE; HENRY STEVENS, JR., a minor, by his Guardian Ad Litem, HENRY STEVENS, SR.; CAROLINE JAMES and JERMAINE JAMES, minors, by their Guardian Ad Litem, MATTIE JAMES; DORIAN WAITERS and KHUDAYJA WAITERS, minors, by their Guardian Ad Litem, LYNN WAITERS; CHRISTINA KNOWLES, DANIEL KNOWLES, and GUY KNOWLES, JR., minors, by their Guardian Ad Litem, GUY KNOWLES, SR.; LIANA DIAZ, a minor, by her Guardian Ad Litem, LUCILA DIAZ; AISHA HARGROVE and ZAKIA HARGROVE, minors, by their Guardian Ad Litem, PATRICIA WATSON; and LAMAR STEPHENS and LESLIE STEPHENS, minors, by their Guardian Ad Litem, EDDIE STEPHENS, Plaintiffs, v. FRED G. BURKE, COMMISSIONER OF EDUCATION; EDWARD G. HOFGESANG, NEW JERSEY DIRECTOR OF BUDGET AND ACCOUNTING; CLIFFORD A GOLDMAN, NEW JERSEY STATE TREASURER; and NEW JERSEY STATE BOARD OF EDUCATION, Defendants. Argued March 2, 1998 -- Decided May 21, 1998 On review of a remand report and recommendation of the Superior Court, Chancery Division. Peter Verniero, Attorney General of New Jersey, argued the cause for defendants (Mr. Verniero, attorney; Jaynee LaVecchia and Jeffrey J. Miller, Assistant Attorneys General, of counsel; Nancy Kaplen and Michelle Lyn Miller, Deputy Attorneys General, on the briefs).
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