The borough's Board of Education passed a resolution on Monday evening that sets the stage for litigation against the state.
FREEHOLD BOROUGH -- The borough's school district intends to sue the Department of Education over millions in state aid the district claims it's not receiving.
A resolution that sets the stage for litigation unanimously passed the Freehold Borough Board of Education at its meeting Monday evening. A lawsuit will be filed in about a week or so, said attorney Bruce Padula, who is representing the school district.
The district contends that the state has not met its obligation to provide a thorough and efficient education, which is mandated by the state constitution, to Freehold Borough students.
Established in 2008, the School Funding Reform Act (SFRA) is a weighted system that includes a necessary dollar amount per-pupil to support the core curriculum program for every student. Schools are supposed to get extra funding for students with disabilities or those who are classified as at-risk or limited English-proficient.
The state "has not complied with SFRA's funding formula," for the 2017-18 school year, the resolution states.
The Freehold Borough School District is set to receive $9.7 million in the 2017-18 school year, under Gov. Chris Christie's budget proposal. To support an adequate school budget, the Education Law Center calculates the district needs $23.6 million. But that figure is hampered by a cap lawmakers implemented to limit how much a district's state aid can grow each year. With the cap, the district should receive $11.7 million, according to the funding formula.
School Business Administrator Joseph Howe said state aid for the district has remained flat since 2008, despite an increase of roughly 400 students.
"We're not spending enough money to provide a thorough education" to our students, Howe said.
The district is not looking to recover aid that was due to the district in the past, Howe said. The district will not sue for an exact dollar amount, he added.
"What we're asking for is enough money to provide a thorough and efficient education for our students, and to protect their constitutional rights," Howe said.
Freehold's underfunding, combined with a growing school enrollment, has led to severe overcrowding in its schools.
The state's education commissioner in August ordered a $32 million school expansion to alleviate overcrowding, despite voters twice rejecting a referendum on the expansion. The expansion will lead to new full-size classrooms, a new gymnasium, a library and a cafeteria.
In 2015, the borough's three kindergarten through 8th grade schools were over their max capacity by 500 students, officials said at the time.
Howe said the borough needs at least 50 more teachers than it currently has and almost all the class sizes are above state requirements.
A spokesman for the Department of Education said its standard policy is not to comment on pending or potentially pending litigation.
Kingsway Regional School District in Gloucester County has also taken legal action to try to get its fair share of state aid.
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