Christie goes to court to break teacher union rules

Gov. Christie on Thursday asked the New Jersey Supreme Court to reopen the landmark case that for decades has been the basis for the state's school-funding system, seeking the right to break union agreements that he contends are harming students in poor districts.

The governor, who has been pushing to redistribute school aid from urban to suburban districts, is arguing that the current funding system - grounded in the court's Abbott v. Burke rulings - hasn't sufficiently improved poorer school districts.

"We're tired of paying for failure. We need this system to change," Christie said at a forum on his funding proposal Thursday in Bayville.

Of the court filings, he said, "I've tried every other course."

The filings announced Thursday ask the Supreme Court to allow the administration to bypass collective bargaining agreements in so-called Abbott districts, where the governor argues students are hurt by work rules protecting ineffective teachers and preventing changes like longer school days.

The Abbott districts in South Jersey are Bridgeton, Burlington City, Camden, Gloucester City, Millville, Pemberton Township, Salem City, and Vineland.

The filings, by the state attorney general's office, say that such "statutory and contractual limitations" have hindered the ability of districts to provide "a thorough and efficient" education - the clause in the state constitution that has underpinned the court's school-funding rulings.

Meeting that mandate "overrides other constitutional provisions, including the right of contract," according to the filings.

A spokesman for the attorney general's office said the court has jurisdiction over the request because the attorney general's office is asking it to amend or vacate prior rulings on the issue.

The Education Law Center, a Newark-based nonprofit that argued the Abbott cases, said it would seek to dismiss the governor's motion.

"Any changes to teacher workforce rules and collective bargaining agreements between school districts and staff members can only be effectuated through legislation," said David G. Sciarra, the center's executive director.

He pointed to language in a 2011 state Supreme Court ruling on a request by the state to be relieved from funding orders, telling the state it couldn't use its motion as a "vehicle to obtain an indication of some judicial approval for collateral labor law and education policy reforms that are, as yet, unadopted by the Legislature."

The filings also drew backlash from the New Jersey Education Association, the state's largest teachers union, which accused Christie of advancing a "partisan agenda."

"This is not a legal strategy. It's a political ploy," said Wendell Steinhauer, union president.

In addition to seeking to break contractual agreements, the Christie administration is asking the court to order that funding for the Abbott districts be held flat until lawmakers and the executive branch agree on a new system for the 2017-2018 school year - though Christie, a Republican, and the Democratic-controlled Legislature have been pursuing different proposals.

Christie is calling for a constitutional amendment that would change the formula to send equal per-pupil aid to every district - a redistribution of spending that would mean deep cuts for a number of urban districts while sending more money to many suburban districts.

Senate President Stephen Sweeney (D., Gloucester) supports increased school funding under the current formula.

The Senate voted Thursday on a resolution to create a commission that would develop a plan to fully fund all districts under the current formula within five years. The measure hasn't been taken up in the Assembly.

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