Abbott v. Burke, M-969/1372; Supreme Court, per curiam opinion; decided November 18, 2008. On motion for review of the constitutionality of the School Funding Reform Act of 2008 and cross-motion for an interim order preserving the status quo and clarifying procedural protections. DDS No. 16-1-2190 [39 pp.]
Since the early 1970s, pupils attending some of New Jersey’s poorest school districts have come to the courts to obtain fulfillment of their right to a thorough and efficient education guaranteed by the New Jersey Constitution. In Abbott v. Burke , 119 N.J. 287 (1990) ( Abbott II ), plaintiffs successfully demonstrated the unconstitutionality of public school funding provided by the state. The state was ordered to provide plaintiffs attending special-needs districts (later designated ” Abbott districts”) with a constitutionally compliant education. The state’s efforts to comply with its constitutional obligation have spanned decades. Plaintiffs have brought numerous challenges to ensure that the state satisfied its constitutional obligation. Their success has enabled children in Abbott districts to show measurable educational improvement.
