Brick To Sue State Over School Funding Cuts

BRICK, NJ — The Brick Township School District is planning to join a group of school districts in filing a lawsuit against the New Jersey Department of Education seeking to challenge the way the department has allocated state funding to school districts.

The lawsuit, which would challenge the allocation method used to determine school funding though the New Jersey School Funding Reform Act of 2008, is in response to the state's decision to cut so-called adjustment aid under A2/S2, the law passed in July. Dozens of school districts across the state have had that aid cut and the money reallocated to other districts. Brick had more than $1.9 million in aid cut for the 2018-19 school year and stands to lose cumulatively more than $42 million in state aid over the seven-year phase out defined by A2/S2.

The push to cut adjustment aid was led by state Senate President Stephen Sweeney, who contends taxpayers in districts receiving the aid are not paying their fair share of property taxes to support their schools -- a notion those districts have repeatedly rejected.

Brick Superintendent Gerald Dalton said the decision to file a lawsuit was an outgrowth of meetings held in June with other districts affected by the cuts. Thirty-four districts participated in the initial meeting, and Dalton said there have been additional meetings since where different approaches to address the problem were discussed, including legislative approaches as well as filing suit.

Changing the legislation is far more complicated, Dalton said.

"There are different bills proposed by different districts," all with differing priorities. Filing a lawsuit, especially with a group of districts, "is more powerful," he said.

Weiner Law Group of Parsippany suggested the districts would have a solid legal challenge against the Department of Education because while the legislature allocates the money, how the Department of Education distributes the money is its decision.

The lawsuit, which Dalton said is coming from four or five districts in addition to Brick, will challenge the Department of Education's distribution of the funding on the basis that it has been arbitrary.

"The current funding pattern mandated through the (School Funding Reform Act) uses a weighted formula to steer money to school districts based on their number of high-need students and ability to raise revenue through property taxes," the district said in a news release Tuesday on the planned lawsuit, which the Brick Township Board of Education is scheduled to authorize at its meeting on Thursday. "The legal action alleges the Commissioner has ignored the legislative mandate of the SFRA and the determination of aid was arbitrary and inconsistent in determining the distribution of aid and is therefore in violation of the SFRA."

On Tuesday night, the Brick Township Council approved a resolution supporting the school board's plan to file the legal challenge -- a move that Dalton said in a phone interview was a necessary step.

"You need to show you have the support of the town" to file this type of lawsuit, a point township attorney Scott Kenneally echoed during Tuesday's council meeting.

"The Board of Education needs the town's consent" to file the lawsuit, which would go before an administrative law judge, Kenneally said.

Dalton would not say which other school districts are joining in the lawsuit. "I'll let them make that public when they're ready," he said. But he said the board is hopeful other districts will join in once Brick and the initial group get the ball rolling.

The township's role in the lawsuit is simply one of being "an interested party," and the township would not be involved in paying for the lawsuit.

Dalton said that is another reason for districts to band together in the lawsuit -- to reduce the financial burden for all of them as they pursue a common goal: getting their districts' fair share of state funding.

The township has an interest in seeing the lawsuit succeed because the quality of the schools affects how the town is viewed.

"The value of many towns is based on the value of their schools," Dalton said. "Having good quality schools increases property values and the reputation of the town."

The lawsuit is about the long-term health of Brick's schools and the township as a whole, he said.

"I don't understand the equity in telling certain communities that the funding for their children's education isn't as important as others," Ducey said. "It is inherently unfair and unjust."

"We need to pursue all avenues to protect our schools and to obtain our fair share of funding," school board President Stephanie Wohlrab said in a news release on the planned lawsuit.

The district's shortfall in funding has caused cuts in spending in various areas such a reduction in teacher and paraprofessional staff, and facilities projects. Future losses will ultimately impact student programs.

And the board feels SFRA overlooks additional factors, particularly some that seriously impact Brick, including: an increase in English language learners in the district, the high percentage of special needs students and the loss of ratables due to Superstorm Sandy.

The goal is to force a re-examination of the formula and get a more equitable distribution for all school districts.

"Our district along with others must make our voices heard on behalf of the students and our community," Dalton said.

The school board meeting is set for 7 p.m. in the Professional Development Center at the Brick Township Board of Education offices on Hendrickson Boulevard.

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