Abbott - Bacon - What Next?

On Jan. 4, the State Board of Education rendered a decision in Bacon v. Dept. of Education, in which 17 poor and generally rural non-Abbott school districts sought “special needs” designation and state education aid equal to that received by the state’s 31 Abbott districts. Growing out of litigation in the early 1980's the Abbott district scheme was devised and enacted in 1997 to equalize school aid to poor urban districts.

The Bacon districts sought the same treatment as the Abbott districts, and claim the state’s failure to provide aid in amounts similar to those received by Abbott districts violates the Thorough and Efficient Clause of the state constitution.

While noting the needs and failure to meet appropriate educational goals in these districts, the State Board refused to offer these districts special status similar to the 31 Abbott districts. The Commissioner of Education will be charged with completing a needs assessment in the Bacon districts to determine future action.

The districts involved in the case were: BUENA REGIONAL, CLAYTON, COMMERCIAL, EGG HARBOR CITY, FAIRFIELD, LAKEHURST, LAKEWOOD, LAWRENCE, MAURICE RIVER,
WOODBINE, HAMMONTON, LITTLE EGG HARBOR, OCEAN, QUINTON, SALEM CITY, UPPER DEERFIELD, AND WALLINGTON SCHOOL DISTRICTS.

The State Board acknowledged there were problems but stated that these will be addressed in future state funding formulas rather than in the creation of additional special districts.

Counsel for the Bacon Districts has indicated there will be further appeal.

Read the Decision