Toms River schools suing NJ over massive state aid cuts: 'Legislative child abuse'
TOMS RIVER - Toms River Regional's Board of Education voted unanimously to sue the state of New Jersey Wednesday night over "unconstitutional actions" that have cut more than $137 million in district education funding.
The board has hired the Busch Law Group of Metuchen, a firm that specializes in education litigation, to represent Toms River Regional schools.
"What they have done is nothing short of legislative child abuse and neglect," an impassioned Superintendent Mike Citta said of the state. "… What we need now is the Toms River Regional community to come together … and join this fight. Stand by us, join us. If this county seat fails, and falls, we all fall."
The decision to sue the state came after board members unanimously rejected the district's tentative budget for 2024-2025, which must be submitted to the county superintendent's office by July 5. The budget included a 9.9% school tax increase, but board members noted that the increase would not raise enough money to cover the current year's $26.5 million state funding loss.
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The budget also included appraisal of various properties, including the district's main offices at 1144 Hooper Ave., the transportation yard and other non-school land owned by Toms River Regional for potential sale in order to raise the additional $12.3 million to balance the budget after the tax increase, Citta said.
The superintendent noted after the meeting that the sale of district property would raise one-time revenue that would not be available for the following year's budget, making the funding situation potentially worse in the next school year.
'Our pleas for help … have failed'
"I'm voting 'no' on this budget," said board member Jennifer Howe, as she tried to hold back tears. "I don't think it's good for kids, I don't think it's good for the community." Howe added that she is "so heartbroken for our community and our students."
Hope Blackburn of the Busch Law Firm stood next to Board Attorney William Burns as Burns noted that "Our pleas for help, our legislators' speeches and our attempts at collaboration have failed."
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Burns said that the state has threatened to take over the Toms River Regional district, has threatened to forcibly close schools, slash jobs and revoke the certifications of Citta and school Business Administrator William Doering. State officials have also suggested the district go to voters with ballot questions asking about funding various school programs, Burns said.
"The legal battle for Toms River schools will not be easy and will not be quick," Burns added. He urged the community to unite behind the district's funding fight. "We cannot be consumed by our differences anymore."
Toms River Regional's school board introduced a $291 million budget for 2024-2025 in March that provided for the same number of staff positions. It was balanced on the revenue side by an anticipated state loan, or another funding source that would have made up what district officials said was a $26,498,520 shortfall in state aid.
But the state has not made loans available this year to districts like Toms River that have seen significant cuts in state education aid under the state aid formula, S2. And the state's budget contained only $1.2 million more money for Toms River Regional schools, an amount Citta has said is not enough to prevent drastic cuts in staff, soaring classroom sizes and the likely elimination of extracurricular activities.
He said earlier this year that that Toms River Regional would have to cut 368 staff positions to make up for the $26.5 million shortfall. Class sizes, already in the 30s — and in the 40s in some high school classes — would balloon to over 100 students, which Citta said was untenable.
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Multiple Shore districts have lost state money
Toms River and other districts at the Jersey Shore, including Jackson, Plumsted, Lacey, Stafford, Middletown, Neptune and Asbury Park, have lost millions in state aid under New Jersey's educational funding formula, S2. The formula reduces aid for districts like Toms River, which have lost student population, and reallocates it to school systems with growing populations. But the formula also capped annual school tax increases at 2% until this year, making it impossible for Toms River Regional to raise taxes to keep up with the aid loss.
The district has cut 250 staff positions over the past several years as the cuts continued.
"Last year we sold some property to make it through the year," board member Ashley Lamb said, referring to the school district's sale of land next to Silver Bay Elementary School to Toms River for nearly $4 million. "We need a real solution. I am glad Ms. Blackburn is here. This is a nightmare. This is as bad as it gets."
Citta said the Busch Firm will receive $155 an hour for legal services, the same rate charged by board attorney Burns.
Assemblyman Paul Kanitra, R-Ocean, said that urban districts such as Newark and Jersey City have continued to receive more school funding while suburban school systems like Toms River Regional and Jackson have lost aid. Kanitra attended the July 3 meeting along with Toms River Councilmen Justin Lamb and James Quinlisk, Pine Beach Mayor Lawrence Cuneo, and South Toms River Councilman Thomas Rolzhausen.
"I think it is a sign that you guys have had enough," Kanitra said of the district's decision to sue. "I want to personally commend you for your strength. … Whatever you need, we are here for you."
Jean Mikle covers Toms River, Seaside Heights and several other Ocean County towns. She's also passionate about the Shore's storied music scene. Contact her: @jeanmikle, jmikle@gannettnj.com.
This article originally appeared on Asbury Park Press: Toms River Regional schools sue New Jersey to avoid massive cuts
