Abbott ex rel. Abbott v. Burke, 187 N.J. 191

Summary

The Supreme Court of New Jersey issued an order addressing the New Jersey Department of Education's proposed fiscal constraints and budget procedures for Abbott school districts for fiscal year 2007. The Court required districts to resubmit budgets consistent with specified state aid levels, preserved a limited right to appeal inadequate funding for demonstrably needed programs, ordered fiscal audits and programmatic evaluations, and required promulgation of regulations for later budget cycles.

Holdings

1. The Abbott districts were ordered to comply by May 31, 2006, with the Acting Commissioner's March 23, 2006 memorandum and the FY2007 Abbott regulations by resubmitting their FY2006-2007 budgets consistent with the revenue sources in the Governor's proposed budget and their FY2007 state-aid notices.
2. An Abbott district may appeal inadequate funding for a demonstrably needed Abbott program, position, or service, but on appeal the district must prove that the identified program, position, or service will be substantially impaired because of insufficient funding.
3. The Department of Education was ordered to complete comprehensive fiscal audits of Newark, Jersey City, Paterson, and Camden by November 2006 and to complete the remaining fiscal audits and programmatic evaluations in time to inform the FY2008 budget cycle.
4. The Department of Education was ordered to promulgate regulations under the New Jersey Administrative Procedure Act governing Abbott district budget submissions after FY2007, and those regulations had to remain in effect for at least two years.

Questions Presented

1. Whether the Department of Education should be authorized to require Abbott districts to resubmit FY2007 budgets consistent with the Governor's proposed budget and FY2007 Abbott regulations.
2. Whether Abbott districts must be allowed to appeal inadequate funding for demonstrably needed programs, positions, or services.
3. Whether the Department of Education must complete fiscal audits and programmatic evaluations of Abbott districts.
4. Whether the Department must promulgate budget-submission regulations under the New Jersey Administrative Procedure Act for budget cycles after FY2007.

Disposition

other