For Immediate Release

December 1, 2004

SENATOR GILL: CHANGES NEEDED FOR SCHOOL CAPS LAW

WAYNE - Senator Nia H. Gill submitted the following statement to the Wayne Valley Regional School Boards hearing on A School Budgeting after S-1701, the law which imposed serious restrictions on spending increases as part of the last State budget process. Critics believe it needs to be repealed or at least changed to accommodate required spending on important issues like special education or desired spending like courtesy busing.

A In the legislative process, there are times when good intentions lead to the enactment of laws with unintended, negative consequences. When this occurs, it is the rightful duty of citizens like yourselves to speak up with strong voices to express your discontent.

A The subject law under discussion, S-1701, imposed restrictions on spending increases by local school boards to help curb the unbearable increases in property taxes. This good intention has been overshadowed by the negative impact of unduly restricting school administrators in their efforts to provide local educational priorities.

A Personally, I predicted this outcome when the legislation was enacted last June and I was not among the 29 Senators who provided the required majority approval for its passage. I thought the legislation was being rushed through as part of the budget cycle when it should have been discussed in a climate devoid of all the annual pressures associated with the end of a fiscal year.

A Regardless of my position then, I remain committed to finding a fix for the flaws in a law which unduly binds the hands of school decision makers when flexibility is needed to cope with emergencies.

A If the majority will not agree to rescind this new law, I will press for substantive changes to facilitate needed spending for areas like special education requirements and courtesy busing as well as to restore the rights of local school leaders to implement popular, though discretionary, programs for students.

A In Montclair , for example, there is great concern that funding will be slashed for the Writers Room Program and for salaries that cover reading specialists and math coaches. What has become obvious now is that an across-the-board freeze on spending increases, whether its just over 3 percent or whatever, is just not acceptable to a large segment of the taxpaying public which has an overriding interest in providing quality education opportunities to their children.

A Local voices like the ones being expressed this evening have generated a strong incentive for changing this law. Predictably, there has been a rush of legislative exemptions put forth, mostly tailored to solve regional concerns. While we should act with dispatch, we should also act with deliberation.

A My belief is that we need to focus on the issue of property tax reform. That is why I introduced SCR-20, a resolution that would lead to the calling of a special session of the Legislature dedicated solely to property tax reform.By assessing the merits of each and every tax reform proposal, we will be able to stabilize property taxes while we ensure quality education. Those in charge of our children s education deserve nothing less. Thank you.