The Fight to ensure all students have the right to a “Thorough and Efficient” Education
A New Jersey Modern Era Court Ruling
Students have a Constitutional right to a “Thorough and Efficient” Education
1947 NJ Constitution
Article VIII, Section IV is referred to as the “Thorough and Efficient” clause.
- Mandated a system of free public schools
- Ensured protection of the school fund, prohibiting its use for other purposes
- Formed the Constitutional basis for legal challenges presented in Robinson v. Cahill and Abbott v. Burke
Aftermath of Robinson v. Cahill
New Jersey’s school finance battles began in 1970, when Jersey City sued the state on behalf of Kenneth Robinson, an eleven-year-old African-American boy growing up in a housing project.
In 1973, the Robinson v. Cahill decision asserted that poor school districts would be unable to spend as much as rich ones due to the heavy reliance on local property taxes.
The state Supreme Court eventually found that this inequity violated the state constitution’s guarantee of a “thorough and efficient” educational system.
Public School Education Act of 1975
In response to the Robinson v. Cahill decision, the Public School Education Act of 1975 (Chapter 212) was enacted.
It increased the state’s share of school funding from 28% to 40%, expanding state financial aid to districts serving about 75% of New Jersey’s students.
- Established the key components of a thorough and efficient education
- Required the state to create statewide educational goals and standards
- Required local school districts to align their own goals with those standards.
- Created a system to monitor districts’ performance
- Gave the Commissioner and State Board of Education the authority to step in when districts failed to meet educational or financial requirements.
Did it Work?
- The spending gap between rich and poor school districts persisted.
- Legislators cut school aid to address fiscal crises.
- Differences in tax rates and school spending increased, making school funding less equitable.
- The state continued to pay only 40% of education costs.
- Rising costs for retirement and special education left less money available to equalize funding among districts.
- By 1981:
- Poor districts: spent about $2,400 per student and taxed at $1.65 per $100 of assessed valuation.
- Rich districts: spent about $3,000 per student and taxed at only $0.97 per $100 of assessed valuation.
Questioning the Constitutionality of Public School Education Act of 1975
Abbott v. Burke was first filed on February 5, 1981 in Superior Court, Chancery Division, Mercer County, by 20 children residing and attending public schools in the Camden, East Orange, Irvington, and Jersey City school districts.
Jersey City High School, courtesy of Historic Structures
Irvington High School
East Orange High School
Camden High School
The Abbott plaintiffs claimed that the application of the 1975 Act violated the education clause of the New Jersey Constitution and the equal protection clauses of the state and federal constitutions. The plaintiffs filed a class where they sued for themselves and all students residing and attending school within the four named districts. Judge Virginia A. Long dismissed the complaint on November 28, 1983, for failure to exhaust administrative remedies. On appeal, the Superior Court reversed and sent the Abbott case to the Chancery Division.
On July 23, 1985 the New Jersey Supreme Court decided they would hear the case.
Map of New Jersey showing the Abbott Districts
- Abbott I (1985) plaintiffs are illustrated with red circles
- Abbott II (1989) plaintiffs are illustrated with green circles
- Later plaintiffs are illustrated with purple circles.
Click on the circles to learn more.
Read below the map to learn about each Abbott era.
Camden School District
Camden School District was one of the five plaintiffs in Abbott I
Vineland School District
Vineland School District was one of the 28 plaintiffs in Abbott II
Millville School District
Millville School District was one of 28 plaintiffs in Abbott II
Pemberton School District
Pemberton School district was one of the 28 plaintiffs in Abbott II
Gloucester City School District
Gloucester City School District was one of 28 plaintiffs in Abbott II
Pleasantville School District
Pleasantville School District was one of 28 plaintiffs in Abbott II
Salem City School District
Salem City School District was one of the plaintiffs later added to the Abbott fight.
Burlington City School District
Burlington City School District was one of 28 plaintiffs in Abbott II
Trenton School District
Trenton School District was one of 28 plaintiffs in Abbott II
Neptune Township School District
Neptune Township School District was one of the plaintiffs later added to the Abbott fight.
Asbury Park School District
Asbury Park School District was one of 28 plaintiffs in Abbott II.
Long Branch School District
Long Branch School District was one of 28 plaintiffs in Abbott II.
Keansburg School District
Keansburg School District was one of 28 plaintiffs in Abbott II.
Bridgeton School District
Bridgeton School District was one of the 28 plaintiffs in the Abbott II case.
Perth Amboy School District
Perth Amboy School District was one of the 28 plaintiffs in the Abbott II case.
Elizabeth School District
Elizabeth School District was one of the 28 plaintiffs in the Abbott II case.
Passaic School District
Passaic School District was one of the 28 plaintiffs in the Abbott II case.
Newark School District
Newark School District was one of the 28 plaintiffs in the Abbott II case.
Jersey City School District
Jersey City School District was one of the 4 plaintiffs in the Abbott I case.
Irvington School District
Irvington School District was one of the 4 plaintiffs in the Abbott I case.
Union City School District
Union City School District was one of the 28 plaintiffs in the Abbott II case.
West New York School District
West New York School District was one of the 28 plaintiffs in the Abbott II case.
Hoboken School District
Hoboken School District was one of the 28 plaintiffs in the Abbott II case.
Phillipsburg School District
Phillipsburg School District was one of the 28 plaintiffs in the Abbott II case.
Paterson School District
Paterson School District was one of the 28 plaintiffs in the Abbott II case.
Garfield School District
Garfield School District was one of the 28 plaintiffs in the Abbott II case.
Orange School District
Orange School District was one of the 28 plaintiffs in the Abbott II case.
East Orange School District
East Orange School District was one of 4 plaintiffs in the Abbott I case.
Harrison School District
Harrison School District was one of the 28 plaintiffs in the Abbott II case.
Plainfield School District
Plainfield School District was added later to the Abbott fight.
New Brunswick School District
New Brunswick School District was one of the 28 plaintiffs in the Abbott II case.
Abbott I
The Supreme Court said that the case needed to be based on evidence and facts related to the arguments being made.
The court recognized that the case involved many complex factual issues that required careful examination and evaluation.
Rather than immediately deciding whether the 1975 Act was constitutional, the court said it needed more evidence.
The Supreme Court decided that Abbott should first be reviewed by the appropriate administrative agency, since the constitutional issues were closely connected to education and required specialized knowledge.
As a result, the Supreme Court ordered Abbott to be transferred to the Office of Administrative Law for a thorough hearing.
LeFelt Decision
In 1988, an administrative law judge, Steven L. LeFelt, issued a 607-page decision stating that poor urban school districts faced significant educational disparities compared to wealthier suburban districts. The judge concluded that these districts were not meeting constitutional educational requirements and that systemic inequalities were present.
However, as an Administrative Law Judge cannot rule on the constitutionality of laws, the findings were only recommendations to New Jersey’s education commissioner.
The commissioner rejected these findings, arguing that disparities were specific to individual districts and that the constitution did not demand identical funding or programs. The State Board of Education upheld this decision, prompting an appeal to the New Jersey Supreme Court.
Abott II
- The Supreme Court reversed the commissioner’s decision and agreed with Lefelt that the school financing system under the Public School Education Act of 1975 was unconstitutional.
- The Court found the “minimum aid” policy unconstitutional because it increased funding disparities and benefited wealthier districts.
- The legislature was required to create a new, stable funding system for urban districts.
- The remedy required:
- Raising funding for the 28 poor districts to levels comparable to wealthier districts.
- Creating special funding provisions to address their unique educational needs.
Asbury High School
Hoboken High School
Newark High School
Union High School
Some of the additional districts that joined the Abbott I plaintiffs
Conclusion
Abbott cases continue to appear in courts.
In the 2018-2019 school year, Education Law Center (ELC) report found that 23 of New Jersey’s 31 Abbott school districts were still funded below the state’s required level. This is a significant increase from 10 districts in 2008–09, when the current School Funding Reform Act (SFRA) was first implemented. The report estimates these districts face a funding gap of more than $1 billion, caused by insufficient state aid and local property tax revenue.
The ELC concludes that New Jersey must make much larger investments in Abbott districts to meet its constitutional obligation to provide all students with a thorough and efficient education.
Questions for Discussion
- What do you think “thorough and efficient” education means?
- How large of a financial gap in funding do you think creates an “unconstitutional situation”?
- What do you think about the fact that 45 years later, Abbott cases are still appearing in courts?
Share your thoughts with us on New Jersey history.
