March 27, 2009 - 1:36pm
Press Release

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DiMAIO: HIGH COURT ERRS AGAIN – TAXPAYERS KEPT IN THE DARK

Yesterday’s unanimous ruling by the state Supreme Court that the Department of Education (DOE) does not have to release information it used in determining the new funding formula for public schools in New Jersey is another example where taxpayers are told just to keep paying and not to worry about the details said newly elected Assemblyman John DiMaio, R-Warren and Hunterdon.

“Public education is funded by the taxpayers, yet in its wisdom the court says that informing us about how decisions were made that determines how much assistance schools will receive is something we are not entitled to know,” commented DiMaio. “I do not agree with the court’s rationale that even though the potential funding formulas contained factual information, the deliberative aspect of the process is not something that should be revealed.

“Quite the contrary, the taxpayers are entitled to know not only what information was used, but what was discussed in selecting a funding formula. Unfortunately, this is yet another example where the public’s right to know takes a back seat, but the public’s obligation to pay is always front and center.”

Yesterday’s ruling reversed two lower court decisions that sided with a request by the Education Law Center to release the data used by the DOE as it determined the state’s new funding formula. The new method, which received legislative approval, ties state aid with the number of poor children in a school district.

“Yesterday’s ruling is a prime example of the court delving into an area that falls under the Legislature’s responsibility. But it seems they can’t resist wearing a hat that doesn’t fit them.

“Given the ruling by a Superior Court judge in Bergen County earlier this week upholding the constitutionality of the funding reform, it would be a shame if the high court once again tries to wear the same unfitting hat when it considers that issue.”

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AREP can be reached via email at ARepOffice@njleg.org.
Related topics: John DiMaio