Exhibit 1 - lakewoodlaworg.ipage.comlakewoodlaworg.ipage.com/documents/Exhibits Feb 2.pdf · Sent: Thursday, June 12, 2014 9:38 AM To: Arthur Lang Subject: Re: quick question See

Exhibit1

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Arthur Lang <[email protected]>

FW: Extremely Important and CONFIDENTIAL

Arthur Lang <[email protected]> Thu, Feb 1, 2018 at 9:38 PMTo: Arthur Lang <[email protected]>

From: Arthur LangSent: Thursday, July 17, 2014 5:34 PMTo: Laura Winters; thomas dambola; Marc Zitomer; Isaac Zlatkin; Tracey Tift; Joel Schwartz; Jonathan Silver; AlexJanklowicz; Zechariah; Yisrael Friedman; Chaim Rosenblatt; Lee MundSubject: Extremely Important and CONFIDENTIAL

Dear Tom, Ms. Winters, and Board Members,

Please enter this into the public record so that it may be discussed at tonight's meeting in executive session.

Please see the emails below concerning courtesy bussing.

You cannot give our fate over to Mr. Sciarra and Mr. Jacob. I bought the ELC to Lakewood in order to take advantageof the Lakewood's standing as a plaintiff in the case so that when I set the record straight in the Office ofAdministrative Law, we can leapfrog the findings into the Appellate Division. Please note the following defects inBacon:

“Lakewood has some real property wealth . . . it appears that the community is capable of supporting the district athigher levels and that it has chosen to offer courtesy bussing with funds that might have been used to addresspressing facility and programmatic needs.” OAL decision in Bacon.

“We fully concur with the ALJ and the Commissioner that the Lakewood community is able to support the publicschools to a far greater degree than it has thus far, and we reject any suggestion that the Lakewood Board issomehow obligated to bear the cost of transporting large numbers of students who live non-remote from their schools.” State Board of Education decision in Bacon.

I have the original petition that Mr. Jocob filed in 1997. Lakewood was not a plaintiff at the time. Note a footnote in theCommissioner's decision:

""The ALJ opined in passing that the relative size of Lakewood's nonpublic school population was a uniquecircumstance perhaps requiring individual attention, but that such a policy question was beyond the scope of theadministrative forum. The district noted this comment and, in its exceptions, 'formally requested [thd Department) toimmediately consider and establish a mechanism to address head-on the ever-growing and unique situation ofLakewood*** .' (Lakewood's Exceptions at 4, emphasis added).

I spoke to former Commissioner Librera and Mr. Sciarra before filing. Everyone agrees that the rule in NJ is to go tothe Commissioner before the Superior Court. Also, note, that the attorneys and judges did not present the heart of thematter to the Department, OUR KIDS DO NOT COUNT.

So all three decisions with which Mr. Jacob is going into court are detrimental to Lakewood. And they will see to it thatcourtesy bussing is eliminated.

I have addressed all the shortcomings of Bacon in Alcantara v. Hespe. I have finessed the courtesy bussing on apersonal level with Mr. Sciarra. I have refuted the Bacon record in my papers and found a new compelling argument inthe strain of the mandatory services on the operating budget, especially given the local tax levy growth limitations.

Please note the following except from the 2002 Blue Ribbon Panel of the Lakewood Township Committee and BOE:

"In actuality, the Court did not render its decision until the fall of 2002, and the decision was highly unfavorable toLakewood. At a Task Force meeting held last fall, the District's Assistant Superintendent, Ed Luick, and its General

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Counsel, Michael Inzlebuch, Esq., made a presentation regarding the Court's adverse decision, and the reason theBoard elected not to appeal. In brief, the Court's standard for a district obtaining special state funding included anelement that measured the amount of a school district's property wealth per pupil. The Court set this property wealthper pupil threshold at a very low level, so low,in fact, that several current Abbott districts would not meet this criterion ifthey were being evaluated for eligibility today. Since the Court was within its discretion to set these low standards, andsince the Court did not make any obvious errors of law in making its ruling, Lakewood did not have a solid basis forappealing the decision. In sum, Lakewood's hopes of being designated as an Abbott or a quasi-Abbott district hadbeen eliminated."

This is the road you will take if you allow Mr. Jacob to litigate on our behalf. The data was not presented to theDepartment. If it had been, the court would not have have been "within its discretion."

I have to clean up the mess by showing the commissioner that the 2002 ruling was arbitrary and capricious. Lakewoodcannot just walk back into same litigation in which it lost.

Please allow me to work with Ms. Winters, Mr. D'Ambola, Mr. Zitomer and Mr. Azarra to further our interests. I havenot taken a cent for all my years of devoted service and only ask that I remain employed by the district with theblessings of the BOE.

We have be be a team for the common good. The stakes are too high and involve perhaps a half billion dollars of taxrelief and educational adequacy for our children.

Arthur H. Lang

____________________________________From: David Sciarra [[email protected]]Sent: Thursday, June 12, 2014 9:38 AMTo: Arthur LangSubject: Re: quick question

See my note to Ms. Winters. I would like to explore the courtesy busing issue with her and gauge the extent to whichDOE has helped district deal with this issue. Seems that, under Bacon needs assessment, we can seek relief on thisissue as well.

David_____________________________________________________________________________________________

From: David Sciarra [[email protected]]Sent: Thursday, June 12, 2014 9:38 AMTo: Arthur Lang; Laura WintersCc: Frederick JacobSubject: Re: email Mr. Sciarra

Ms. Winters: we are working with Fred Jacob, counsel to the districts in the Bacon litigation, to help pick up the caseand move forward. Lakewood is a one of the plaintiff districts. I am copying Fred on this email.

Our focus is on enforcing the 2009 Needs Assessments completed by DOE for Lakewood and the other districts in thelitigation. These assessments contain the NJDOE final agency determination of what is needed to remedy theviolation of the thorough and efficient clause found in the trial of the case, and affirmed by the Commissioner, StateBoard and Appellate Division in 2008.

I am attaching the NJDOE Lakewood needs assessment. As you'll see, the DOE determined that K-12 fundingthrough the SFRA formula, along with expansion of preschool for all three's and fours (as provided in SFRA for highneed districts) will give your district the resources to address deficiencies. Of course, as you know, the SFRA has notbeen funded K-12, nor has the Legislature funded preschool expansion.

In addition, the NJDOE recognized the tremendous drain from courtesy busing costs and determined that it will"assist" the district in ending this practice and reprogramming those funds into programs for district students. Am Icorrect in assuming that has not been done?

I'd like to schedule a meeting to discuss in more detail. Please let me know. David

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Subject Fwd: FW: merit

From Arthur Lang <[email protected]>

To Arthur Lang <[email protected]>

Date 02/02/18 3:48 am

From: Marc H. Zitomer [[email protected]]Sent: Friday, July 18, 2014 11:26 AMTo: Arthur LangSubject: RE: merit

No – nor did I ever say it has no merit. I have concerns about the declaratory judgment component which I already discussed with you.

Marc H. Zitomer

Schenck, Price, Smith & King, LLPServing our Clients and Community for Over 100 Years220 Park Avenue | PO Box 991Florham Park, NJ 07932Phone: 973-540-7329 Fax: 973-540-7300

Email: [email protected]: http://www.spsk.comBio: View my Bio

Confidentiality Notice: This message contains information intended for the use of the addressee only, which may be privileged and confidential. If you are not anaddressee, any review, distribution, or use of the contents of this message is prohibited; If you have received this message in error, please contactthe sender immediately.

From: Arthur Lang [mailto:[email protected]] Sent: Friday, July 18, 2014 11:17 AMTo: Marc H. ZitomerSubject: merit

Do you think that my petition has no merit?

Arthur

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mailto:[email protected]

tel:(973)%20540-7329

tel:(973)%20540-7300


http://www.spsk.com/

http://www.spsk.com/our-attorneys/Marc_Zitomer/


From: Arthur Lang [email protected]: FW: G'naiva

Date: August 5, 2014 at 2:39 PMTo: [email protected]

From: Arthur LangSent: Thursday, May 15, 2014 7:44 PMTo: Jonathan Silver; Joel SchwartzSubject: G'naiva

This is mamesh g'naiva.

From: Isaac ZlatkinSent: Thursday, May 15, 2014 6:14 PMTo: Arthur LangSubject: RE: FW: Commissioner

No body steals it from.It carries much much more weight if done through district. That's what the state person told us.I just want to maximize our.chances. dont you?

On May 15, 2014 5:10 PM, "Arthur Lang" <[email protected]> wrote:How can you not let me do this?

I am not charging you anything. The attorney does not know this stuff. Nobody does except Sciarra,Tractenberg, Shapiro and one or two other people besides me and none of them know how to apply thelaw to Lakewood.

Let me do it with the advice of the attorney. Let me file in my own name. This is my own work product.

No. I will speak with Prof. T and make sure that you do not steal this from me. He knows how long I haveworked on this. I will go to the Roshei Yeshiva also if you do not allow me to proceed.

From: Isaac ZlatkinSent: Thursday, May 15, 2014 5:03 PMTo: Arthur LangCc: Laura WintersSubject: Re: FW: Commissioner

Arthur

Thank you for the research.I will get our attorney involved in this. This has a better chance of going through if it comesfrom the district.

IZ

On May 15, 2014 4:34 PM, "Arthur Lang" <[email protected]> wrote:What is the answer?

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From: Isaac Zlatkin [mailto:[email protected]] Sent: Monday, July 07, 2014 10:38 AMTo: [email protected]: Shlome Katz; Yonoson Sanders; Simon Balsam; Moshe Weisberg; Yisroel Schenkolewski; Yosef Posen;Shlome Chaim Kanarek; Menashe Miller; Pesach Grossman; Meir LichtenstienSubject: Re: Update

Hatzlocha rabba!As to the Lang's petition, our attorneys had concern about the way the petition was structured andstrong possibility of it being dismissed. Last week we conveyed to Mr.Lang our concerns, he saidhe needs to look in to it with his teacher/mentor from ELC and yesterday he said that he is goingto amend the petition. For us to litigate this petition will cost hundreds of thousands and before we bring it to the boardsvote we need to make our due diligence that we wont be left with egg on our face. There is a meeting hosted by ECL on July 15 re: Former Bacon District Case which i asked thesuperintended and our attorney to attend.

Thank you

IZ

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Re: done

David Sciarra <[email protected]> Mon, Jun 9, 2014 at 6:41 AMTo: Arthur Lang <[email protected]>Cc: Theresa Luhm <[email protected]>

Arthur, thanks for sending. A major point: NJ law is firm on jurisdiction over education complaints -- must be filedwith agency and go through administrative hearing process with Office of Administrative Law. Complaints like yourswill be dismissed or transferred if filed with the Superior Court. ELC has been in touch with Fred Jacob, the attorney for Lakewood and other districts in Bacon case about restartingthe litigation -- we think that could be the best and most expeditious way to get relief for the Bacon district group. Todo this, however, we need the cooperation of the district to provide us with key data and other factual information. Are you able to reach out to the Superintendent and help facilitate a telephone conversation about this? Thanks, David

David G. Sciarra, Executive DirectorEducation Law Center60 Park Place, Suite 300Newark, NJ 07102973-624-1815, ext. 16973-624-7339 (fax)www.edlawcenter.org CONFIDENTIALITY NOTICEThe information in this email may be confidential and /or privileged. This email is intended to be viewed only by theindividual or organization named above. If you are not the intended recipient or an authorized representative of theintended recipient, you are hereby notified that any review, dissemination or copying of this email and itsattachments, if any, or the information contained herein, is prohibited. If you have received this email in error, pleaseimmediately notify the sender by return email and delete this email from your system. Thank you.

>>> Arthur Lang <[email protected]> 6/9/2014 4:09 AM >>>Dear Mr. Sciarra,

Please advise. What do you think? I have to polish it, edit it, perhaps shorten it, but it is done.

Arthur

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tel:(973)%20624-1815

tel:(973)%20624-7339

http://www.edlawcenter.org/



FW: Get out of Bacon

Arthur Lang <[email protected]> Tue, Aug 5, 2014 at 2:47 PMTo: "[email protected]" <[email protected]>

From: Arthur LangSent: Friday, May 23, 2014 5:56 PMTo: Marc ZitomerSubject: Get out of Bacon

CONFIDENTIAL

Marc,

Find out if we are still a party to Bacon DOCKET NO.A:2460-05Tl in the Appellate Division. Motions were filed asrecent as 2011 and Lakewood is still listed as a Plaintiff.

Do not allow yourself to get sucked into the Bacon quagmire. If we go with Mr. Sciarra, it will be in his Abbott litigation,not Bacon.

I put together compelling proof that Lakewood is an urban district fitting the SDA data.

Let me know if we need leave of the Court in Bacon to go somewhere else.

Arthur

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What is the answer?

Do I have to resign from teaching in order to help our kids?

Aaron

From: David Sciarra [[email protected]]Sent: Thursday, May 15, 2014 3:08 PMTo: Arthur LangCc: Isaac Zlatkin; Laura Winters; thomas dambolaSubject: Re: Commissioner

Hi Arthur, do you have contact with Superintendent? We'd like to connect with the districtover the Bacon litigation. David

David G. Sciarra, Executive DirectorEducation Law Center60 Park Place, Suite 300Newark, NJ 07102973-624-1815, ext. 16973-624-7339 (fax)www.edlawcenter.org CONFIDENTIALITY NOTICEThe information in this email may be confidential and /or privileged. This email is intendedto be viewed only by the individual or organization named above. If you are not the intendedrecipient or an authorized representative of the intended recipient, you are hereby notifiedthat any review, dissemination or copying of this email and its attachments, if any, or theinformation contained herein, is prohibited. If you have received this email in error, pleaseimmediately notify the sender by return email and delete this email from your system.Thank you.

>>> Arthur Lang <[email protected]> 5/15/2014 11:03 AM >>>Dear David,

Please advise.

I want to ask the Commissioner to reinstate Lakewood on the DGF index. Would this be an efficaciousfirst step in possible litigation and ultimate restoration of T & E in Lakewood?

The ELC defined "Coverage" as "median household income of those [public] students, is an importantindicator of the distribution of funding relative to student poverty." The Department overgeneralizedyour scholarly report to eliminate any and all socio-economic indicators "relative to student poverty" inLakewood in its policy.

To wit: The United States Census American Community Survey reports that the population ofLakewood was 92,443 in 2010. Per capita income is $15,584. This is 555 of 564 municipalities in NewJersey (see attached).

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tel:973-624-1815%2C%20ext.%2016

tel:973-624-7339

http://www.edlawcenter.org/


Exhibit2

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Exhibit3

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Subject Ms. Winter's Report

From Arthur H. Lang <[email protected]>To Eric Harrison <[email protected]>, Marc Mucciolo

<[email protected]>, Boris Shapiro <[email protected]>Cc Danielgrossman <[email protected]>

Date 05/25/17 7:28 am

Counsel,

I need Ms. Winter's expert report. We cannot set a hearing date until I get it. Can someone contact her to speed things up?

Arthur

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Subject Alcantara-: Ms. Winter's Report

From Eric Harrison <[email protected]>To Arthur H. Lang <[email protected]>Cc Marc Mucciolo <[email protected]>, Boris Shapiro

<[email protected]>, Danielgrossman<[email protected]>

Date 05/25/17 11:33 am

I'm following up with her today and will get back to you asap

Eric L. HarrisonMethfessel & Werbel2025 Lincoln Highway, Suite 200P.O. Box 3012Edison, N.J. 08818W (732) 650-6511C (732) 610-6881

THE INFORMATION CONTAINED IN THIS EMAIL COMMUNICATION IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE DESIGNATED RECIPIENT NAMED ABOVE. This message may be an Attorney-Client communication, and as such is privileged and confidential. If the reader of this message is not the intended recipient, you are hereby notified that you have received this communication in error, and that any review, dissemination, distribution, or copying of the message is strictly prohibited. If you have received this transmission in error, please destroy this transmission and notify us immediately by telephone and/or reply email.

On May 25, 2017, at 7:28 AM, Arthur H. Lang <[email protected]> wrote:

Counsel,


Arthur

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Subject Alcantara-Ms. Winter's Report

From Eric Harrison <[email protected]>To Arthur H. Lang <[email protected]>Cc Marc Mucciolo <[email protected]>, Boris Shapiro

<[email protected]>, Danielgrossman<[email protected]>

Date 05/26/17 11:58 am

Arthur, I spoke with her and we expect to have a report to you next week.



On May 25, 2017, at 7:28 AM, Arthur H. Lang <[email protected]> wrote:

Counsel,


Arthur

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Subject RE: Term expiring

From Eric Harrison <[email protected]>To 'Arthur H. Lang' <[email protected]>, Marc Mucciolo

<[email protected]>Date 06/09/17 8:47 am

Understood - I'm pushing her

Eric HarrisonPartnerMethfessel & Werbel, P.C.2025 Lincoln Hwy Suite 200Edison, NJ 08817Phone: 732-248-4200 x138Fax: 732-248-2355 -----Original Message-----From: Arthur H. Lang [mailto:[email protected]] Sent: Friday, June 09, 2017 7:48 AMTo: Eric Harrison <[email protected]>; Marc Mucciolo <[email protected]>Subject: Term expiring

Eric and Marc,

It would help if Ms. Winters would finish her report while she can still sign her name as superintendent. Her term expires at the end of the month!

Arthur

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Exhibit4

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Exhibit5

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Fwd: Al v Hespe

Arthur H. Lang <[email protected]> Thu, Feb 1, 2018 at 11:05 PMTo: Arthur Lang <[email protected]>

-------- Original Message --------

Subject:Al v HespeDate:08/18/17 6:07 amFrom:"Michael Inzelbuch" <[email protected]>To:"Arthur H. Lang" <[email protected]>Cc:Sandra Nagl <[email protected]>

Good early morning I will need a complete hard copy ( not via email ) of any and all filings ,rulings , documentation as to the pending caseas well as a summary of what has occurred to date I also will need a copy of any reports ,data ,etc Of course any copying or preparation costs will be borne by the Board I have already spoken to the Board and Superintendent last evening and upon receipt of this information/documentation I have tentatively advised for the Board and Superintendent to move forward quickly due to whatappears to our common goals . Please let me know when I can recieve this so we can meet asap Lastly , when is the next court interaction so we can plan accordingly . Looking forward to being of assistance M Get Outlook for iOS

From:ArthurH.Lang<[email protected]>Sent:Friday,August18,201712:04:35AMTo:MichaelInzelbuchSubject:Fwd:Re:Project

Thanks Michael.

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https://aka.ms/o0ukef


Please ask Ms. Winters to precede emails to Mr. Haber and her draft report with "lawyer work product" to indicateprivilege.

Aaron Lang


Subject:Re: ProjectDate:08/17/17 11:27 pm

From:Laura Winters <[email protected]>To:"Arthur H. Lang" <[email protected]>, Michael Inzelbuch <[email protected]>

Michael, As the Board Attorney, I meant to cc you on this email.

Respectfully, Laura A. WintersSuperintendent of Schools732-905-3633

On Thu, Aug 17, 2017 at 11:23 PM, Laura Winters <[email protected]> wrote:Good Evening Mr. Lang, I have not received any emails or phone calls from Mr. Haber requesting information or a meeting. I am not available to meet tomorrow; however, if Mr. Haber is available next Wednesday at 3:00 p.m., I will be morethan happy to meet with him. Have a great night. Thank you.

Respectfully, Laura A. WintersSuperintendent of Schools732-905-3633

On Thu, Aug 17, 2017 at 7:25 PM, Arthur H. Lang <[email protected]> wrote:

Ms. Winters,

Are you available on Friday? See below for an urgent message from the demographer.

Arthur


Subject:ProjectDate:08/17/17 10:49 amFrom:Ross Haber <[email protected]>To:"Arthur H. Lang" <[email protected]>

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tel:(732)%20905-3633


tel:(732)%20905-3633




Hi Arthur: Is the School District on our side. I have been tryingto get in touch with them for about 2 weeks. All I getis voice mail and absolutely no return calls or messages. Can you get me a meeting with the Super or the BA. I am really stalleduntil I can meet with them. I have projections, housing info,butI need to discuss budget in order to fully understand the allocationsand the real percentage of the budget allocated to the non pubs. I am going to have some minor dental work this afternoon, so I willnot be available today. If you can call me tomorrow so we canmake a plan. I want to move forward, but I do need info from the District. Thanks Ross PS: the user friendly budget is not that helpful. I may need to see the entire budgetsfor the past five years. -- Ross Haber24 Garden TerraceMilltown, NJ 08850(732) 422-0979cell: (516) 840-9392

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https://maps.google.com/?q=24+Garden+Terrace%0D+Milltown,+NJ+08850+%0D+(732&entry=gmail&source=g

https://maps.google.com/?q=24+Garden+Terrace%0D+Milltown,+NJ+08850+%0D+(732&entry=gmail&source=g

tel:(732)%20422-0979

tel:(516)%20840-9392

Subject Hespe matter -From Michael Inzelbuch <[email protected]>

To Arthur H. Lang <[email protected]>Cc Michael Inzelbuch <[email protected]>, Sandra Nagl

<[email protected]>, Laura Winters<[email protected]>

Date 08/18/17 8:55 am

Goodmorning.WhileIhaveandamdedicatedto“thecause“--respec9ully,therewillbenomee>ngsun>lIreceivetheinforma>onIrequestedandreceivedwhichIamsureArthurwillprovidetome.IwillalsoaBendallmee>ngs.Also,asdiscussedwiththeBoardtherewillbenostaffinvolvementinthiscaseun>landunlessIamawareofsameinadvanceandwithmypresence.WearelookingforwardtoworkingtogetherinthebestinterestsofthechildrenLakewoodschools,anobliga>onthedistricthastodoregardlessofthisli>ga>on.From:LauraWinters[mailto:[email protected]]Sent:Friday,August18,20178:12AMTo:RossHaber<[email protected]>Cc:ArthurH.Lang<[email protected]>Subject:Re:ABorneyWorkPriviledge Ms. Robinson, the Business Administrator will also be in attendance. Have a great day.

Respectfully, Laura A. WintersSuperintendent of Schools732-905-3633 On Fri, Aug 18, 2017 at 7:49 AM, Ross Haber <[email protected]> wrote:

Good Morning Ms. Winters: I am available next Wed at 3:00 pm to meet with you. I will send you a list of what I still need. I look forward to meeting with you.

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Subject RE: papers and meeting

From Michael Inzelbuch <[email protected]>To Arthur H. Lang <[email protected]>Cc Sandra Nagl <[email protected]>, Michael Inzelbuch

<[email protected]>Date 08/18/17 3:22 pm

Who is we ?

What is the purpose of meeting ?

I will print

When can I receive ?

Who are the DAG's in this case ?

-----Original Message-----From: Arthur H. Lang [mailto:[email protected]] Sent: Friday, August 18, 2017 3:22 PMTo: Michael Inzelbuch <[email protected]>Subject: papers and meeting

Michael,

We have a meeting with the attorney general team at 11:00 next Friday. We cannot push this off.

I will deliver a flash drive to you with the papers. The BOE can print the papers and save the taxpayers money.

Aaron

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Exhibit6

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Subject RE: Wednesday?

From Michael Inzelbuch <[email protected]>To Arthur H. Lang <[email protected]>Cc Ross Haber <[email protected]>, Sandra Nagl

<[email protected]>, Michael Inzelbuch<[email protected]>

Date 08/21/17 7:04 pm

Yes ,of course .

I will need to be there .

Will know better tomorrow what time is good ?

How about 2 pm pending availability ?

What EXACT information is needed ?

This is to best prepare .

Please delineate asap

-----Original Message-----From: Arthur H. Lang [mailto:[email protected]] Sent: Monday, August 21, 2017 12:04 PMTo: Michael Inzelbuch <[email protected]>Cc: Ross Haber <[email protected]>Subject: Wednesday?

Michael,

Can you change the meeting between Ms. Winters and Mr. Haber, the demographer, to Thursday?

A Lang

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Subject:Meeting on Friday - Alcantara v. HespeDate:08/23/17 2:10 pmFrom:Geoffrey Stark <[email protected]>To:"Arthur H. Lang ([email protected])" <[email protected]>Cc:"Daniel Grossman <[email protected]> ([email protected])"

<[email protected]>

Mr. Lang, Based upon your email on Sunday morning it appears that Lakewood’s counsel is planning to attend and participatein our scheduled meeting on Friday. Our intention was to have a conversation between the parties, and ourunderstanding was that non-parties would not be in attendance. If Lakewood’s input on the development of a factual stipulation is essential to your clients, it would be best for us tocancel our meeting. Instead, I propose that we each draft a proposed stipulation and exchange it with each other. Thereafter, we can each provide markup comments to the other and use this method to determine where ourfactual disagreements lie. Thank you, and I look forward to your input. Geoff Stark *******************************************************************************Geoffrey N. StarkDeputy Attorney GeneralEducation/Higher Education Section25 Market St., P.O. Box 112Trenton, NJ 08625-0112(609) 777-4861 (voice)(609) 943-5853 (fax)[email protected] PRIVILEGED AND CONFIDENTIAL CONFIDENTIALITY NOTICE: The information contained in this communication from the Division of Law is privilegedand confidential and is intended for the sole use of the persons or entities who are the addressees. If you are notan intended recipient of this e-mail, the dissemination, distribution, copying or use of the information it contains isstrictly prohibited. If you have received this communication in error, please immediately notify me by forwardingthis e-mail to [email protected] or by telephoning me at (609) 777-4861 and then delete the messageand its attachments from your computer.*******************************************************************************

CONFIDENTIALITY NOTICE The information contained in this communication from the Office of the New JerseyAttorney General is privileged and confidential and is intended for the sole use of the persons or entities who arethe addressees. If you are not an intended recipient of this e-mail, the dissemination, distribution, copying or use ofthe information it contains is strictly prohibited. If you have received this communication in error, pleaseimmediately contact the Office of the Attorney General at (609) 292-4925 to arrange for the return of thisinformation.

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Subject RE: Meeting on Friday - Alcantara v. HespeFrom Michael Inzelbuch <[email protected]>

To Arthur H. Lang <[email protected]>, Danielgrossman<[email protected]>

Cc [email protected] <[email protected]>,Sandra Nagl <[email protected]>

Date 08/23/17 3:18 pm

Gooda&ernoon.AstoDAG’spreference–wehaveneverfoundsametobethecase–andsimplyput,ifitsomehowbecomesthatway–wedoNOTcare.LetmeknowthatthishasbeenresolvedpriortoourmeeCngsetfortomorrow.Ifyourconcernisaboutme“stealingyourthunder”(asumenConedtheotherdaywhenImetyou)–Ihavenoneedforthunder(orlightningforthatmaJer)–LOL–BUTwantLakewoodschoolstogetalotofmoneytheydeserveasIknowudo.ThisFridaywillneedtobeadjourned.IalsospokewiththeOALandtheyadvisedthatthereisnoHearingscheduledunClFebruary.Isthatcorrect?From:ArthurH.Lang[mailto:[email protected]]Sent:Wednesday,August23,20173:11PMTo:MichaelInzelbuch<[email protected]>;Danielgrossman<[email protected]>Subject:Fwd:MeeCngonFriday-Alcantarav.Hespe

Michael,

Please see below.

I have been collecting evidence in Alcantara for four years and have been waiting for this important meeting withthe DAGs for months.

Dan Grossman, who was a DAG, told me that that probably the Law Division's policy is not to meet with non-parties. The BOE is only a participant.

Please let me know if there is something not included in the file I sent you that you would like me to stipulate withthe opposition.

Also, please confirm the meeting between our demographer and Ms. Winters in the central office Thursday at 2:00.I have been trying to reach Ms. Winters since April. Thank you for facilitating her cooperation.

Aaron Lang


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Subject RE: I will cancel Friday if necessary

From Michael Inzelbuch <[email protected]>To Arthur H. Lang <[email protected]>

Date 08/23/17 4:35 pm

Ok -

-----Original Message-----From: Arthur H. Lang [mailto:[email protected]] Sent: Wednesday, August 23, 2017 4:35 PMTo: Michael Inzelbuch <[email protected]>Subject: I will cancel Friday if necessary

Please call me. I will cancel the attorney general meeting of Friday so we can keep the Thursday meeting with the superintendent. Please call me at 732-609-5530 or email me.

Aaron

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Exhibit7

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Subject Alcantara- Expert Report

From Eric Harrison <[email protected]>To Arthur H. Lang <[email protected]>Cc [email protected] <[email protected]>, Marc

Mucciolo <[email protected]>Date 07/23/17 3:15 pm

Hi Adina,

The Board is supporting this action by Arthur. Please help him if you can. Feel free to call me if you have any questions of me as Board counsel in this litigation.



On Jul 23, 2017, at 1:15 PM, Arthur H. Lang <[email protected]> wrote:

Dear Mrs. Weisz,

I would like to talk to you about the possibility of testifying in Alcantara v. Hespe since you are the Supervisor of Related Services and IDEA Coordinator.

We are litigating against the state's arbitrary and capricious methodology of funding Lakewood.

I copied the BOE attorney on this email.

I need an expert to testify and/or write a report about the harm to children with special needs.

I am in the high school every day until 12:45. I teach in B106 until 10:20. Please see me in the library sometime after 10:30.

Can we talk?

Arthur Lang

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Subject Re: Privileged communication

From Adina Weisz <[email protected]>To Arthur H. Lang <[email protected]>

Date 08/31/17 8:02 am

Dear Mr. Lang,

I apologize profusely that I have not been in touch sooner. I am seeking Superintendent approval if I may provide the requested information and will let you know.

Thank you for attempting to help our students,

Adina

On Aug 31, 2017, at 7:51 AM, Arthur H. Lang <[email protected]> wrote:

Ms. Weisz,

Please answer the questions that I sent. The demographer is almost finished with his report. Failing to correctly answer can mean losing up to ten or twenty million dollars a year for our students.

Arthur Lang

-------- Original Message --------Subject: Privileged communicationDate: 08/29/17 12:02 pmFrom: "Arthur H. Lang" <[email protected]>To: Michael Inzelbuch <[email protected]>Cc: [email protected]

Lawyer work productCommunication with WitnessPrivileged

Michael,

I need the answer from Mrs. Weisz ASAP.

Look at column 73 of Appendix 1 to my late 2015 motion for summary judgment. We spent $9,289,304 on SPEECH, OT, PT AND RELATED SERVICE; OTHER SUPP SERV STD EXTRA SERV; CHILD STUDY TEAM.

I need to know how much of the current expense we can add to the this year's $60 million expense of mandated services for 37,000 children. The demographer will be projecting the number in his regression analysis to year 2021.

Aaron Lang-------- Original Message --------Subject: Expert ReportDate: 08/25/17 9:10 amFrom: "Arthur H. Lang" <[email protected]>To: [email protected], Michael Inzelbuch <[email protected]>

Dear Mrs. Weisz,

I would like to talk to you about the possibility of testifying in Alcantara v. Hespe. We are litigating against the state's arbitrary and capricious methodology of funding Lakewood.

I copied the BOE attorney on this email.

44








ArthurH.LangAttorneyatLaw918EastKennedyBlvd.�Lakewood,NewJersey08701�Phone:732-609-5530E-Mail:[email protected]

September 2, 2017 Michael I. Inzelbuch, Esquire 1340 W County Line Rd. Lakewood, NJ 08701

Re: Leonor Alcantara et. al., v. David Hespe et. al. OAL Docket No: EDU 11069-2014 S Agency Ref. No. 156-6/14

Dear Mr. Inzelbuch,

I hereby request in informal meeting with Lakewood Board

of Education employee Adina Weisz, Supervisor of Related

Services and IDEA Coordinator, pursuant to N.J.A.C § 1:1-

10.2, to ascertain the increased expense of providing FAPE

to a population of 37,000 children, 31,000 of which the

School Funding Reform Act of 2008 does not count, thereby

depriving all district children of a Thorough and Efficient

system of public schools under the New Jersey Constitution.

Respectfully Submitted,

________________________Arthur H. Lang Attorney at Law

Cc: Laura Winters(via email) Adina Weisz (via email)

/s/ Arthur H. Lang

45

ArthurH.LangAttorneyatLaw

918EastKennedyBlvd.�Lakewood,NewJersey08701�Phone:732-609-5530E-Mail:[email protected]

September 6, 2017

Geoffrey Stark, DAG Office of the Attorney General Department of Law and Public Safety Division of Law 25 Market Street P.O. Box 112 Trenton, New Jersey, 08625-0112 Re: Leonor Alcantara et. al., v. David Hespe et. al. OAL Docket No: EDU 11069-2014 S Agency Ref. No. 156-6/14 Dear Mr. Stark,

Petitioners intend to request an informal meeting with

Lakewood Board of Education staff member Adina Weisz,

Supervisor of Related Services and IDEA Coordinator. As you

know, Lakewood is in the unusual position of having a state

monitor, with authority to “oversee all district staffing,

including the ability to hire, promote, and terminate

employees.” N.J.S.A. 18A:7A-55. We have found it necessary

to contact Michael Azzara, the state monitor, for approval

of her cooperation in discovery.

Do we have your consent to contact the state monitor?

You are welcome to listen by phone or to attend our

interview with the district coordinator should you request

the same. I am also copying to Michael Inzelbuch, Esq.,

46



Lakewood BOE attorney, and to David Rubin, Esq., counsel

for the state monitors.


/s/ Arthur H. Lang Arthur H. Lang Attorney at Law

Cc: Daniel Grossman, Esq.(via email)Jennifer HoffL, Esq. (via email)Lori Prapas, Esq.(via email) Paul Tractenberg, Esq. (via email) David Rubin, Esq. (via email) Michael Inzelbuch, Esq.(via email) Michael Azzara (via email)

47

Exhibit8

48


PRIVILEGED LAWYER WORK PRODUCT COMMUNICATION

September 18, 2017

Michael I. Inzelbuch, Esquire 1340 W County Line Rd. Lakewood, NJ 08701


Dear Michael:

On behalf of petitioners, I am advising you that Dan

Grossman and I will likely have to call you as a witness in

the above case. You have personal knowledge of certain

important facts from both an inside and outside

perspective. You are, in many respects, an important

source of institutional memory.

The Lakewood school district places students out of

district at rates that exceed the rest of the state,

regardless of classification. For example: 46% of students

with an intellectual disability are in an out-of-district

setting in Lakewood compared with 17% statewide; 63% of

students with multiple disabilities are placed out-of-

district in Lakewood compared with 34% statewide; 11% of

students with other health impairments are placed out-of-

district in Lakewood compared with 4% statewide.

49



Your service as BOE attorney and your advocacy on behalf

of district students since then has placed you in the best

position to explain the reason for the disproportionate use

of out-of-district placements in each category.

You are also in an excellent position to testify as to

rationale for placement of various categories of students

in and out of district.

Finally, Petitioners want to disaggregate the expenses

of providing mandated services to a population of 37,000

children from the expenses that the SFRA anticipates for

6,000 students. If a child opts for FAPE from the pool of

37,000 children, even though he or she becomes a public

school student, this expense is not anticipated by the

SFRA. We will call these children "private students."

Since the average ratio of nonpublic to public school

students statewide is about 10%, there should only be about

600 nonpublic children in Lakewood and only about 4 or 5

children with extraordinary needs opting for FAPE. Since we

have 31,000 nonpublic students, the 296 "private students"

with extraordinary needs can be expected. Compare to

Paterson with enrollment of 27,969 and 229 sent to schools

for the handicapped.

50



Your tenure as BOE attorney for over a decade puts you

in the best position to determine, at the very least for

the decade that you served, the proportionate expense of

“private students” on the User Friendly Budget listed as

“Speech, OT, PT And Related Svcs," "Undist Expend-Oth Supp

Serv Std-Extra Serv," and "Undist. Expenditures - Child

Study Teams." I can find no one else that knows the answer

to this question or who can address disproportionate out-

of-district placements and their disaggregation by race.

I advised you of a potential conflict, should you

appear as counsel, a year before you accepted your current

position as board attorney. In an email dated August 15,

2016, I wrote you, “Becoming co-counsel would diminish or

forestall your use as an expert. I am thinking that you can

either testify or help me find out who can testify.” Now

that you have become board attorney, Dan Grossman and I

think that you can do more good as a witness on those

issues to which your testimony is necessary, and appear

with co-counsel acting as attorney for that part of the

case that doesn’t involve your testimony.

51



We thought we should give you a heads up so you aren’t

blindsided. This letter is sent subject to work product

privilege.

Regards,

/s/ Arthur H. Lang ________________________Arthur H. Lang Attorney at Law

Cc: Dan Grossman, Esq.

52

Exhibit9

53

MICHAEL I. INZELBUCH Attorney-at-Law

1340 West County Line Road Jackson, New Jersey 08701

Member NJ and NY Bars Phone: 732-905-0325 Fax: 732-886-0806

E-Mail: [email protected] Staff E-Mail: [email protected] / [email protected] Bookkeeping: [email protected] Lakewood Board of Education Matters Only: E-Mail: [email protected] Cell: 1-732-966-0998 [email protected] [email protected] VIA E-MAIL & VIA FIRST CLASS MAIL September 26, 2017 The Honorable Susan Scarola, ALJ Office of Administrative Law 9 Quakerbridge Plaza P.O. Box 049 Trenton, New Jersey 08625 Re: Alcantara, Leonor, Individually and as G/A/L for E.A. et. als.

v. Hespie, David, Comm. of Ed., NJ State Bd. of Ed. & NJ Dept. of Ed.

OAL Dkt. No.: EDU-11069-2014 S / Agency Ref.: 156-6/14

Dear Judge Scarola:

As Your Honor is aware this office represents the interests of the

Lakewood Township Board of Education as of August 17, 2017.

I have been made aware of the following:

1. A telephone status conference call is scheduled for

November 20, 2017 at 3:30 pm with DAG Geoffrey N.

54








The Honorable Susan Scarola, ALJ Re: Alcantara et. als. v. Hespe et als. OAL Dkt. No.: EDU-11069-2014 S / Ref.: 156-6/14 Page - 2 – September 26, 2017______________________________

Stark to initiate. The undersigned is respectfully

requesting an in-person conference at said time.

2. Hearing dates I have been advised are scheduled to

occur on:

• Monday, February 5, 2018

• Wednesday, February 7, 2018

• Monday, February 12, 2018

• Tuesday, February 13, 2018

• Thursday, February 22, 2018

However, I am again requesting an in-person conference to occur as soon

as possible prior to November 20, 2017. Currently I understand the Court and I

are available on October 18, 2017 for same to be conducted.

In addition, it appears that despite my efforts the Lakewood Township

Board of Education who is most directly affected by the outcome of this

significant matter is not being made fully aware of what has transpired to date,

may have interests that are somewhat divergent of the Petitioners, and is being

requested to expend significant resources and time in directions that may not

advance the Board’s interest.

Lastly, I received notification from Petitioner’s counsel (Arthur Lang,

Esq.) last week that I may have a conflict as a potential witness due to my “tenure

as BOE attorney for over a decade (that) puts (me) in the best position to

55

The Honorable Susan Scarola, ALJ Re: Alcantara et. als. v. Hespe et als. OAL Dkt. No.: EDU-11069-2014 S / Ref.: 156-6/14 Page - 3 – September 26, 2017______________________________ determine, at the very least, for the decade (I) served, the purported expense of

“private students” on the user-friendly budget list, etc.” (comments from Mr.

Lang to the undersigned).

Needless to say I do not believe I have any such conflict and have

confirmed same with my counsel, Steven Secare, Esq.

Thanking Your Honor in advance for Her courtesies to this request.

Respectfully submitted,

Michael I. Inzelbuch, Esquire MICHAEL I. INZELBUCH, ESQ. MII/sn cc: Arthur Lang, Esquire (for Petitioner) Paul L. Tracthenberg, Esquire (for Petitioner) Daniel Louis Grossman, Esquire (for Petitioner) Jennifer Hoff, DAG (for Respondent) Geoffrey N. Stark, DAG (for Respondent) Steven Secare, Esquire

Laura Winters, Superintendent of LBOE DICTATED ONLY

56



September 27, 2017

Honorable Susan M. Scarola, ALJ Office of Administrative Law Quakerbridge Plaza, Building 9 Mercerville, NJ 08625-0049 Re: Leonor Alcantara et. al., v. David Hespe et. al. OAL Docket No: EDU 11069-2014 S Agency Ref. No. 156-6/14 Dear Judge Scarola:

I write the Court on behalf of Petitioners in response to

the recent letter by Michael Inzelbuch, Esq., on behalf of

the Participant Lakewood Board of Education (hereafter

BOE).

On August 14, 2017 the Petitioners, Respondents and

Participants agreed to hold a conference on November 20,

2017 over the telephone because Mr. Grossman, Esq. would

then be in California. Additionally, I teach in Lakewood

High School and my presence in the classroom is one of the

few consistencies in the lives of my students. I

respectfully request to hold the conference over the

telephone after school as planned so that my students do

not lose a day of instruction.

Petitioners do not understand why Mr. Inzelbuch claims he

is not fully aware of what has transpired. I personally

hand-delivered a flash drive containing all court papers to

57



Mr. Inzelbuch on August 18, 2017. At any rate, if Mr.

Inzelbuch still believes his file is incomplete, he has the

liberty to contact Mr. Mucciolo, Esq., or Mr. Harrison,

Esq., previous counsel for the BOE.

I also remind the Court, that when the parties and

participants conferred with Your Honor on August 14, 2017,

the BOE was unconcerned about their availibity for the

agreed hearing dates because, as Mr. Mucciolo said, “the

role of the Board of Education is secondary.”

Petitioners are unclear as to what interests of the BOE

Mr. Inzelbuch claims may be “somewhat divergent” of

Petitioners. The purpose of the case is to remedy the

inadequate funding for the Lakewood school district. We

find it incredible that BOE takes an adversarial position

or has a conflict with the interests with the children of

its own district.

Petitioners are also unclear as what “significant

resources and time in directions” the BOE has spent, any

more than the BOE has disclosed the potential conflict

between it and Petitioners. I remind the Court that

Petitioners are in their fourth year of litigation. The BOE

joined only last year as a participant and only after

58



agreeing to Petitioners’ stipulation that “the BOE will

give any and all assistance to Petitioners.” As far as

Petitioners are concerned, any potential divergent

interests were eliminated by this stipulation.

Finally, on September 19, 2017 Petitioners sent a letter

to Mr. Inzelbuch, as a courtesy, to give him a “heads-up”

that we were considering the possibility of asking him to

testify. This should not have been a surprise to him as we

informed him of this possibility in an email dated August

15, 2016, over a year before he became BOE counsel.

Accordingly, Petitioners object to anything that upsets the

schedule and delays this case. BOE is a mere participant

and should not be driving the timing of the case.



Cc: Geoffrey Stark, Esq. (via email and regular mail) Jennifer Hoff, Esq. (via email) Lori Prapas, Esq. (via email) Paul L. Tractenberg, Esq.(via email) Daniel Grossman, Esq. (via email)Michael Inzelbuch, Esq. (via email) Steven Secare, Esq. (via email)

59

P A U L L. T R A C T E N B E R G A T T O R N E Y-A T - L A W & L E G A L C O N S U L T A NT

1 2 3 W A S H I N G T O N STREET N E W A R K, N J 07102

9 7 3 - 3 5 3 - 5 4 3 3 P A U L L T R A C T E N B E R G @ G M A I L. C O M

VIA EMAIL

September 27, 2017

Honorable Susan M. Scarola, ALJ Office of Administrative Law Quakerbridge Plaza, Building 9 Mercerville, NJ 08625-0049 Re: Leonor Alcantara et. al. v. David Hespe et. al. OAL Docket No: EDU 11069-2014 S Agency Ref. No. 156-6/14 Dear Judge Scarola:

As the other participant in the above-captioned case before you, I write in response to the September 26, 2017 letter by Michael I. Inzelbuch, counsel to participant Lakewood Board of Education. By the way, in copying me on his letter, Mr. Inzelbuch mischaracterized my role in the case (I am a participant and not a counsel for the petitioners) and he misspelled my name. He also misspelled my email address so I received a copy of his letter indirectly, not directly.

As I believe your honor knows, the Lakewood Board and I joined the case as participants at different times and in somewhat different ways. I sought to participate in January 2015, months after the petition was filed, because I believed that my long experience and considerable expertise in New Jersey education law and especially school funding could assist the parties and the Office of Administrative Law in adjudicating the dispute. The state respondents formally opposed my participation, however. After reviewing the papers submitted and considering the matter, Judge John S. Kennedy, ALJ, approved my participation on March 11, 2015 and accorded me the right to participate “in all levels of the case including oral argument, filing statements or briefs and the right to file exceptions to the initial decision with the agency head.” I have fully availed myself of those opportunities thus far and hope that by doing so I have assisted the parties and the tribunal.

The Lakewood Board wound up as a participant by a different process. The state respondents had moved in the spring of 2015 to dismiss the petitioners’ case for failure to name the Lakewood Board as a party, arguing that the Board was indispensable to the adjudication of this matter. After briefs were submitted and oral argument was held, Judge Kennedy denied the

60

state respondents’ motion in July 2015 and the matter proceeded without the Lakewood Board as a party.

Substantially more than a year later, on October 4, 2016, the Lakewood Board sought to

participate by a motion to Judge Solomon A. Metzger, ALJ. Although neither party objected, the petitioners sought to assure that the Lakewood Board’s participation would facilitate, not delay or confuse, the adjudication of the case. The brief of the Lakewood Board offered assurance that its participation would “contribute constructive input to the litigation.” On that basis and mindful of the petitioners’ concerns, Judge Metzger ordered the Lakewood Board’s participation on November 21, 2016.

This is the context for trying to understand and evaluate Mr. Inzelbuch’s puzzling letter. As counsel for a participant in the case, he seems to be requesting two “in-person conferences,” (1) one at the time of the conference call already scheduled on November 20 at 3:30 pm among your honor, the lawyers for the parties and me in my capacity as a participant, and (2) one “as soon as possible prior to November 20, 2017,” perhaps on October 18, 2017, a date his letter seems to suggest has been cleared with your chambers. It is unclear what purpose would be served by either in-person conference and whether Mr. Inzelbuch intends for one or both to be ex parte with your honor. In any event, both seem unusual requests to be made by counsel for a participant committed to contribute constructively to the adjudication of this matter.

The other requests and comments in Mr. Inzelbuch’s letter raise further questions about the constructiveness of the Lakewood Board’s participation. I have just seen the September 27, 2017 letter to you from Arthur Lang, counsel to the petitioners, responding in detail to Mr. Inzelbuch’s claim that his client the Lakewood Board has not been “made fully aware of what has transpired to date” so I will not address that point.

I do want to address another point Mr. Inzelbuch made in the same paragraph of his

letter, however—that the Lakewood Board “is most directly affected by the outcome of this significant matter.” This assertion is reminiscent of the failed argument state respondents made two and one-half years ago in their motion to dismiss the petition in this case. In my view, those most directly affected by the outcome of this case clearly are the students attending the Lakewood public schools whose constitutional rights hang in the balance. Of course, one would hope and expect that the Lakewood Board would zealously enforce those rights on behalf of the district’s public school students, but it is the students, not the Board, who will be most directly affected by the outcome of this matter. Indeed, since the petitioners seek additional state funding for the Lakewood public schools, one would think that the Lakewood Board would be fully supportive of the petitioners’ case and not seek to complicate or delay it in any way.


Paul L. Tractenberg, Participant

61

cc: Arthur H. Lang, Esq. Geoffrey N. Stark, Esq. Jennifer Hoff, Esq. Lori Prapas, Esq. Daniel Grossman, Esq. Michael I. Inzelbuch, Esq. Steven Secare, Esq.

62

HUGHES JUSTICE COMPLEX • TELEPHONE: (609) 777-4861• FAX: (609) 943-5853 New Jersey Is An Equal Opportunity Employer • Printed on Recycled Paper and Recyclable

CHRIS CHRISTIE

Governor

State of New Jersey OFFICE OF THE ATTORNEY GENERAL

DEPARTMENT OF LAW AND PUBLIC SAFETY

DIVISION OF LAW

CHRISTOPHER S. PORRINO

Attorney General

KIM GUADAGNO Lt. Governor

25 MARKET STREET PO Box 112

TRENTON, NJ 08625-0112

MICHELLE L. MILLER Acting Director

September 27, 2017 Via Email to [email protected] Hon. Susan M. Scarola, A.L.J. Office of Administrative Law 9 Quakerbridge Plaza Mercerville, NJ 08619

Re: Leonor Alcantara, individually and as Guardian ad Litem for E.A.; Leslie Johnson, individually and as Guardian ad Litem for D.J.; Juana Perez, individually and as Guardian ad Litem for Y.P.; Tatiana Escobar; and Ira Schulman individually and as Guardian ad Litem for A.S. v. David Hespe, Comm'r of the N.J. Dep't of Educ.; the N.J. State Bd. of Educ.; and the N.J. Dep't of Educ.

Agency Reference No.: 156-6/14 Docket No.: EDU 11069-2014S

Dear Judge Scarola:

As Your Honor is aware, I represent the State Respondents in this matter. I thank the court for its clarification regarding the November 20, 2017, conference call. However, I am writing to provide a brief response to Mr. Inzelbuch's September 26, 2017, letter on behalf of the Lakewood Board of Education ("Lakewood"). Specifically, State Respondents wish to note what appears to be an attempt to recast Lakewood's role in this litigation from that of a participant as defined in N.J.A.C. 1:1-16.5 to that of a party.

It has been State Respondents' understanding, both from Mr. Lang's filings, and from Lakewood's motion to participate, that it does not wish to be a party to this case. Indeed, pursuant to ALJ Metzger's Order granting Lakewood the

63

September 27, 2017

Page 2

limited status of participant that it sought, Lakewood has the right to do three things: file statements and/or briefs, argue orally, and file exceptions to the Initial Decision with the agency head. See N.J.A.C. 1:1-16.6.

It is unclear what purpose an additional in-person conference would serve. Absent any explanation of what matters Mr. Inzelbuch wishes to raise at such a conference, and an explanation as to why any such a conference is necessary, State Respondents have no plans to deviate from the schedule the parties and the court have previously agreed upon.

Regarding the question of Mr. Inzelbuch's possible conflict in representing Lakewood and being a potential witness for the Petitioners, State Respondents are not privy to Mr. Lang's communications with Mr. Inzelbuch, nor do State Respondents have sufficient information at this point to render an opinion on the issue.

Thank you for Your Honor's continued consideration of this matter. Respectfully submitted, CHRISTOPHER S. PORRINO ATTORNEY GENERAL OF NEW JERSEY By: /s/Geoffrey N. Stark Geoffrey N. Stark Deputy Attorney General N.J. Attorney I.D. No.: 01811-2010 cc: Arthur H. Lang, Esq. (via email) Daniel L. Grossman, Esq. (via email) Michael I. Inzelbuch, Esq. (via email) Paul L. Tractenberg, Esq. (via email) Steven Secare, Esq. (via email)

64

Exhibit10

65

66

67

68

69

70

Exhibit11

71

LAKEWOOD BOARD OF EDUCATION LAKEWOOD PUBLIC SCHOOLS

LAKEWOOD, NEW JERSEY

PUBLIC MEETING – 6:30 P.M. WEDNESDAY, JANUARY 31, 2018 REGULAR MEETING 855 SOMERSET AVENUE

AGENDA

STATEMENT BY BOARD SECRETARY

Pursuant to the provisions of Chapter 231, of the Laws of 1976 (THE OPEN PUBLIC MEETINGS

ACT), Mr. Campbell notified the public that notice of the date, time, location and agenda of this

meeting, to the extent known, was provided at least forty-eight (48) hours prior to the

commencement of this meeting in the following manner:

1. By posting such notice on the public announcement board of the Lakewood Board of

Education Offices, and the Lakewood Township Municipal Building.

2. By e-mailing such notice to the office of the Asbury Park Press.

3. By filing such notice with the Board Secretary.

4. By mailing such notice to all individuals who requested and paid for a copy of same.

BOARD MEMBERSHIP

Mr. Moshe Bender, President

Mrs. Thea Jackson-Byers, Vice President

Mrs. Ada Gonzalez

Mr. Chanina Nakdimen

Mr. Moshe Newhouse

Mr. Heriberto Rodriguez

Mr. Moshe Tendler

Mr. Bentzion Treisser

Mr. Isaac Zlatkin

SUPPORT PERSONNEL

Mrs. Laura A. Winters, Superintendent

Mr. Kevin Campbell, Interim Business Administrator/Interim Board Secretary

Mr. Robert Finger, Interim Assistant Business Administrator/Interim Assistant Board Secretary

Mr. Michael Azzara, Lead State Monitor

Mr. David Shafter, State Monitor

Mr. Michael I. Inzelbuch, Esq., Board Attorney

72

BOE Agenda: January 31, 2018 2

AGENDA January 31, 2018

I. PLEDGE OF ALLEGIANCE – PRESIDENT, LAKEWOOD BOARD OF EDUCATION

II. ROLL CALL

III. EXECUTIVE SESSION - RESOLUTION

Whereas, Public Law 1975, Chapter 231, known as the Open Public Meetings Act,

provides that a public body may not exclude the public from any meeting to discuss any

matter described therein until the public body has first adopted a Resolution; and

Whereas, the Board of Education of the Township of Lakewood has determined that the

following items must be discussed in closed session and that the public must be

excluded from said deliberations; and

Whereas, the Board of Education of the Township of Lakewood has determined that the

subject matter of the closed discussion falls within those matters described in

subsection 7b of the Open Public meetings Act;

Now, Therefore, Be It Resolved, by the Board of Education of the Township of

Lakewood, County of Ocean, State of New Jersey, that

A. The Board of Education, in closed session, may discuss one or more of the following

subject matters:

1. Board Training by NJSBA

7. Any pending or anticipated litigation or contract negotiation

8. Involving the employment, appointment, termination of employment

9. Any deliberations occurring after a public hearing

Which subject matters constitute a subject matter described in the sub-section 7b of the

open Public Meetings Act.

Be It Further Resolved that, the Board of Education, of the Township of Lakewood, will

disclose to the public the subject matter of said closed discussions, as soon as the

matters have been resolved and the determination can be disclosed to the public.

73

BOE Agenda: January 31, 2018 3

IV. ROLL CALL

V. PRESENTATIONS: 1. NJ School Funding Impact – Sue Gamm

2. School Funding Formula Flaws – Melvin Wyns

3. Preliminary Budget – Robert Finger

VI. RECOGNITION OF THE PUBLIC

STATEMENT BY BOARD PRESIDENT

Pursuant to Board Policy 0164, Roberts’ Rules of Order shall govern the Board of Education in its deliberations and in the conduct of its meetings. As such, all comments from the public and

from other members of the Board should be directed to the Board President who is responsible

for presiding over the meeting.

The President shall direct all inquiries or comments to the appropriate Administrator or Board

member for response, as appropriate. The law requires a period of public comment at our

meetings, not a question or answer session or debate. The board president at his discretion

may or may not feel it is appropriate to answer questions raised during the public comment

period. The board and administration do take all public comments seriously and consider them

when conducting business.

The President may interrupt, warn, or terminate a participant’s statement when the statement is too lengthy, abusive or obscene. In addition, Security Personnel may direct any individual to

leave the meeting when that person does not observe reasonable decorum, whether the

person is at the microphone or at any other place in the meeting room. New Jersey law makes

it a crime for any person to intentionally disrupt a public meeting. Law enforcement will be

contacted if a person disrupts the meeting and fails to desist after being directed to do so.

Finally, we ask that you silence all electronic devices.

74

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La~.ew~aod Tcawn~~ip hoard ~a~ Educa~ic~n ("L~.}~~woo~." } ~ubn~~.t~ed what

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du~~.n~ a c~~~ested mater. P~~ such., ~. p~.rt~,ci~aan~. may nc~~ file

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75

Ja~uar~ 8, 2018Page 2

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76


January 8, 2018 Honorable Susan M. Scarola, ALJ Office of Administrative Law Quakerbridge Plaza, Building 9 Mercerville, NJ 08625-0049


Dear Judge Scarola:

I write the Court on behalf of Petitioners. While

Petitioners are sympathetic to the BOE desire for summary

decision, we strongly oppose any event that will delay the

hearing in this matter. We agree with the State

Respondents that we should proceed to the hearing as

scheduled without delay.


/s/ Arthur H. LangArthur H. Lang Attorney at Law

Cc: Geoffrey Stark, Esq. (via email and regular mail) Jennifer Hoff, Esq. (via email) Lori Prapas, Esq. (via email) Paul L. Tractenberg, Esq.(via email) Daniel Grossman, Esq. (via email)Michael Inzelbuch, Esq. (via email)

77

Exhibit12

78

y F~ije srar~. Fo~ 'a

W ~~"~ 't~ l f.

ki

~ ~ f' Mwar x 4

~,~ ~ Y!n, ^~

State o f New JerseyPHILIP D. MURPHY OFFICE OF THE ATTORNEY GENERAL

Governor DEPARTMENT OF LAW AND PUBLIC SAFETY

DIVISION OF LAW

SHEILA Y. OLIVER 25 MARKET STREET

Lt. Governor PO Box 112

T~ENTorr> NJ 08625-0112

January 16, 2018

Via facsimile and electronic mail

Honorable Susan M. Scarola, A.L.J.Office of Ad.m~.nis~.ra~ive LewQuakerbridge Plaza, Bldg. 9P.O. Box Q45Trenton, New Jersey 08625-0049

C~URBIR S. GREWAL

Attorney General

MICHELLE L. MILLER

Acting Director

Re: Leonor Alcantara, et al, v. David Hespe,Commissioner of Education, et a1.QAL Dk~. No. EDU 11069-14

Dear Judge Scarola:

AS Your Honor is aware, this office represents the StakeRespondents in the above-referenced matter. In anticipation ofour upcoming sta~Gus conference on January 17, 2018, I wanted toinform Your Honor that State Respondents are asking for a briefadjo~.rnment of the hearing in this mater. As statedpreviously, we rece~.tly re~eiv~d expert reports can November 20,2017, December 22, 2017 and two new expert reports for review~.~ia~ '~Tc.i ~ ~ ii.S ~ ~`iX'C~V ..~'3..~C~. 4. C3 Lid ~T'i J~~ILic .r'~' ~ ~ ~ u ~. $ . vtiT~ s~,a ~ 1Z'i ~"..~I@

process of assessing .all of this information. in order to bestprepare our cage.

Further, State Respondents have recently been informed thatmany of our key witnesses and resources for information will beunavailable during the month of February, at a minimum, due tothe State's education budget process. We anticipate discussing~hi~, amgng other issues of cone"ern leading to this adjournmentreque~~, at the upcoming status conference.

Although this matter has been gc~in.g on for some time,

please note that this will be State Respondent' first timer~qu~stng an adjournment of this matter.

~x~~~

HUGHES cTUSTICE COMPLEX ~ TELEPHONE: (609 777-4$61 •Fes: (609) 943-5379

New Je~•sey Is An Equal Opportunity Employer • Prr'nted on Recycled Paper a,nd Recyclable

79

January 16, 2018

Page 2

Thank you far your courtesies in this ma~~~r.


GURBIR S. GREWAU

ATTORNEY GENERAL O~ NEW JERSEY'

By:Jen ' fer of fDeputy Attorney General

cc. Arthur Lang, Esq.Daniel GrQ~~rnan, Esq.Paul Tra~~.tenberg, Esq.Michael Inzelbuch, Esq.

80

Exhibit13

January 16, 2018

Re: Alcantara, et al., v. Hespe, et al., OAL Dkt. No. EDU 11069-14

Dear Judge Scarola:

I fear that my repeated pleas to the State respondents about the urgency of moving this matter forward expeditiously have fallen on deaf ears.

Despite the fact that at least four attorneys from the Department of Law and Public Safety’s Division of Law have been working on this matter and that 25 New Jersey Department of Education staff have been identified as potential witnesses at the hearing, just today, a few weeks before the hearing is scheduled to begin, the State respondents have requested “a brief adjournment.”

What are the reasons they assert? First, that the period of one to two and a half months prior to the start of the hearing is insufficient for the State’s lawyers and its vast array of in-house experts to assess the information contained in the petitioners’ expert reports and “best prepare” the State’s case.

The second reason asserted is that “State respondents have recently been informed that many of our key witnesses and resources for information will be unavailable during the month of February, at a minimum, due to the State’s education budget process.” That suggests this year’s education budget process has caught the State respondents by surprise since they agreed to the February hearing dates months ago.

It also suggests that all of the 25 NJDOE potential witnesses, or at least the “key” ones, will be so occupied by the education budget process that they cannot be excused for the few hours of testimony they might be called on to provide.

A related puzzlement about the State respondents’ claimed need for an adjournment because of the unavailability of key witnesses emerges from a review of the 25 potential NJDOE witnesses, who represent a deep bench to say the least. There are three state monitors for Lakewood listed, not one. There are three potential witnesses from the Ocean Executive County Superintendent’s office, three from the NJDOE Office of Transportation, two from the NJDOE Office of School Facilities, two from the NJDOE Office of Special Education, and two from the NJDOE Office of Financial Accountability and Compliance. It is hard to imagine that the State plans to call all these witnesses or that, if called, they will have anything significant to add to what their numerous colleagues have testified to.

Although the other 13 NJDOE witnesses are each from a different office, the titles suggest they may well have overlapping functions (e.g., chief academic officer, performance management and assessments; state aid research and data, state aid entitlements, fiscal policy and financial officer;

81

state audit and state monitor). Perhaps only the deputy commissioner has a unitary position, but even that is not clear (nor is his need to testify).

It seems inconceivable that the education budget process will fully occupy all of these redundant or overlapping potential witnesses for the entire month of February—or even beyond as the State’s January 16, 2018 letter indicates. That also raises a question about what the State means by a “brief adjournment.” Brevity is all in the eyes of the beholder. If you are one of a multiplicity of state lawyers or potential state witnesses, a month or two may be brief. If you are a public school student struggling to survive with manifestly inadequate resources, as measured by the State’s own adequacy budget, it can seem like an eternity.

By the way, the State’s January 16, 2018 letter concludes with an acknowledgement that “this matter has been going on for some time” (it’s actually almost four years), but that your Honor should cut the State some slack because this is the first time the State respondents have requested an adjournment.

In my judgment, your Honor should respond by denying the State’s request for an adjournment and insisting that the State proceed with the long-scheduled February hearing dates. If your Honor wishes, I can amplify my views at tomorrow’s conference call, but I doubt that will be necessary.


Paul Tractenberg, Participant

cc: Jennifer Hoff, NJOAG, Esq. Geoffrey Stark, NJOAG, Esq. Lori Prapas, NJOAG, Esq. Lauren Jensen, NJOAG, Esq. Arthur Lang, Esq. Daniel Grossman, Esq. Michael Inzelbuch, Esq.

82



January 16, 2018

Honorable Susan M. Scarola, ALJ Office of Administrative Law Quakerbridge Plaza, Building 9 Mercerville, NJ 08625-0049 Re: Leonor Alcantara et. al., v. David Hespe et. al. OAL Docket No: EDU 11069-2014 S Agency Ref. No. 156-6/14 Dear Judge Scarola:

I write the Court in opposition to Respondents’ request

to adjourn. The matter before the Court is really obvious

and simple. Lakewood public school students are entitled

to a "thorough and efficient" education; the SFRA provides

the statutory funding framework for such an education; the

adequacy budget is the key SFRA construct for assuring

that students have the necessary funding to receive T&E

education; and Lakewood's unique demographics require that

about 50% of the district's adequacy budget is actually

spent on school transportation and special education

services for the Lakewood community's 31,000 nonpublic

school students, thereby severely under-funding the public

school students who are overwhelmingly low-income

Hispanics. The State has a constitutional obligation to

address this situation and to assure that Lakewood's

83



2

public school students receive adequate funding for their

education.

The matter is straightforward. The demographic report,

the superintendent’s report and Dr. Farrie’s report

contain nothing new. Everyone knows that Lakewood has an

overwhelming nonpublic population draining tens of

millions of dollars out of the adequacy budget for

mandated services causing budgetary deficits and decline

in test scores. The sources used in the reports were cited

in every paper Petitioners sent to the Court for four long

years during which Respondents used one procedural delay

after another. These sources are still in the public

record available on Respondents’ website.

Petitioners’ case is prima facia. Conclusive proof is

that Respondents sent fiscal monitors to run the district

four years ago and deficits have still grown worse every

year during their tenure requiring larger loans against

future state aid and yet more programs were cut. The

presence of the three monitors should estop Respondents

from any possible argument of mismanagement. Nor can

Respondents possibly argue that the demographics will

change and all the loans will be repaid. What can

84



3

Respondents’ witnesses possibly say that can justify

another delay? Respondents have not indicated what they

would say, have not submitted any reports, documents or

summaries. In fact, Respondents have not raised any

defense at all during the last four years.

For the foregoing reasons Petitioners respectfully

request Your Honor to deny Respondents’ request for

adjournment.



Cc: Geoffrey Stark, Esq. (via email) Jennifer Hoff, Esq. (via email) Lori Prapas, Esq. (via email) Lauren Jensen (via email) Paul L. Tractenberg, Esq.(via email) Daniel Grossman, Esq. (via email)Michael Inzelbuch, Esq. (via email)

85

Exhibit14

86

New Jersey is an Equal Opportunity Employer

State of New Jersey

OFFICE OF ADMINISTRATIVE LAW 9 Quakerbridge Plaza

PO BOX 049 Trenton, New Jersey 08625-0049

(609) 689-4051 Susan M. Scarola Administrative Law Judge

LETTER ORDER Arthur Lang, Esq. 918 East Kennedy Blvd. Lakewood, NJ 08701 Daniel Louis Grosman, Esq. 11 Commerce Drive Cranford, NJ 07016 Michael I. Inzelbuch, Esq. 1340 West County Line Road Lakewood, NJ 08701 Paul L. Tractenberg, Esq. 123 Washington Street Newark, NJ 07102

Jennifer Hoff, DAG Division of Law P.O. Box 112 Trenton, NJ 08625-0112 Lori Prapas, DAG Division of Law P.O. Box 112 Trenton, NJ 08625-0112 Geoffrey N. Stark, DAG Division of Law P.O. Box 112 Trenton, NJ 08625-0112

RE: Leonor Alcantara, Individually and as Guardian ad Litem for E.A. et al

v. David Hespe, Commissioner of Education, New Jersey State Board of Education and New Jersey Department of Education

OAL DKT. NO. EDU 11069-14 AGENCY DKT. NO. 156-6/14 Dear Counsel:

A telephone conference on the record was held on January 17, 2018.

87

OAL DKT. NO. EDU 11069-14

2

Based on that conference, the following is ORDERED:

1. The State’s request to adjourn the hearing scheduled to

commence on February 2, 2018, is DENIED.

This is an old matter and the hearing date has been scheduled

for months. Every effort will be made to accommodate the

schedules of potential witnesses.

2. The motion of the participant, Lakewood Township Board of

Education, for summary decision is DENIED. N.J.A.C. 1:1-

16.6(c).

3. The State’s motion to bar the testimony of the petitioner’s

experts as net opinion is DENIED. The experts shall be

permitted to testify.

4. The parties shall attempt to agree upon those statistical matters

that are a matter of public record.

This order may be reviewed by the COMMISSIONER OF THE DEPARTMENT OF EDUCATION, either upon interlocutory review pursuant to

N.J.A.C. 1:1-14.10 or at the end of the contested case, pursuant to N.J.A.C. 1:1-

18.6.

January 22, 2018

DATE SUSAN M. SCAROLA, ALJ

SMS/cb

88

Exhibit15

89

Laura A. Winters, Superintendent of Schools Regina Robinson, Interim Business Administrator

1 | P a g e

Lakewood Board of Education 200 Ramsey Avenue, Lakewood, NJ 08701 Main Office: (732) 364-2400 Fax: (732) 905-3687

March 20, 2017

Judee DeStefano-Anen Interim Executive County Superintendent 212 Washington Street Toms River, NJ 08753

Dear Dr. DeStefano-Anen:

It is with great sadness that I must inform you that the Lakewood School District is unable to provide its students with a “thorough and efficient” education required by the New Jersey State Constitution. The level of education that will be offered to the students of the Lakewood School District in the 2017-2018 school year, is in my professional opinion, tragically inadequate and inferior compared to the education offered to those students in wealthier towns in Ocean County and across the state.

The District must deal with a number of new expenditures and significantly less revenue, such as, but not limited to, the following;

The absence of a $5.6 million State Aid Advance/Revenue Repayment installment for the above advance Repayment of significant federal and state audit refunds which had been deferred in

past years $1,099,531

The tuition for a newly approved charter school $2,128,493

The consortium’s busing cost for the increase in mandated nonpublic school studentsdespite flat funding in State Transportation Aid and overall State Aid for the District.$1,895,728

Increase in Health Benefits $2,821,605

Increase in Salaries $2,561,333

Increase in Tuition $525,357

Increase to School Base Budget to Title 1 Reduction $735, 045

Transportation Less Salaries and LSTA $686,793

Net Changes to the Balance of the Budget $10,692

000110

90


2 | P a g e


In order to cover the above, the Lakewood School District will be losing approximately 119 members of its certified teaching staff, creating average class sizes of 50 (K-12). Students throughout the district will no longer have the opportunity to participate in sports programs or after-school clubs and activities.

Summer Bridge programs that have helped our students’ transition from Elementary School to Middle School and from Middle School to High School will be eliminated. Lakewood High School’s summer school program will be abolished, leaving disadvantaged students unable to make -up course credits, in order to obtain their high school diploma.

In a district with few administrators, and close to 50 students in a class, there will no longer be guidance counselors in the Elementary Schools to assist those students who struggle with behavioral and emotional problems associated with children being raised in poverty. Research shows that poverty in childhood and adolescence is associated with a higher risk for poor cognitive and academic outcomes, lower school attendance, lower reading and math test scores, increased distractibility, and higher rates of grade failure and early high school dropout.

Lakewood School District’s Response-to-Intervention Program, (K-2 students) which has greatly improved the reading foundational skills for our struggling students, has been eliminated, along with all of the district’s Media Specialists, who have over the last few years enhanced our Content Area and Technology curricula. Mathematics and Literacy Coaching positions have been abolished, leaving our teachers with limited access to professional development and support. As if the staffing issues are not enough, teachers and students will also have to grapple with having to do more with less, as $500,000 in educational supplies was also cut from the budget.

In my opinion, this level of education does not meet minimum adequacy standards by any means. How can the students of Lakewood be expected to compete in the labor market, with students who have had educational opportunities that have prepared them for the world around them?

000111

91


3 | P a g e


As you can see in the below charts, Lakewood has the highest percentage of people living in poverty, and the lowest per capita income – even when compared to Abbott School Districts.

Lakewood Township Compared to the Three Monmouth County Abbott Districts:

Lakewood Township Neptune Long Branch Asbury Park

Per Capita Income $11,775

(Lowest per Capita

Income!)




Median Household Income

$38,025


$63,881


$48,736


$32,459

Poverty Level 38.8%

(Higher than all 3

Monmouth County

Abbott Districts!)

Poverty Level 11.3%

Poverty Level 17.8%

Poverty Level 32.0%

* http://www.census.gov/quickfacts/table/(2010-2014)

Lakewood Township Compared to Three Neighboring Townships in Ocean County:

* http://www.census.gov/quickfacts/table/(2010-2014)

Lakewood Township Brick Township Forked River Barnegat






$38,025


$69,063


$69,583


$66,294

Poverty Level 38.8%

Poverty Level 6.1%

Poverty Level 11.7%

Poverty Level 8.1%

000112

92

http://www.census.gov/quickfacts/table/

http://www.census.gov/quickfacts/table/


4 | P a g e


Lakewood School District Student Information:

Average Increase in Public School Enrollment each school

2016 - 2017 -1.4% Decrease 2015 – 2016 1.3% Increase 2014 - 2015 3.3% Increase

Average Increase in Nonpublic School Enrollment each school year

2016 –2017 2,500 Student Increase 2015-2016 2,500 Student Increase 2014-2015 2,500 Student Increase

Percentage of students currently enrolled in a K-5 Bilingual/ESL Program.

K-60% 1st -61%2nd -66%3rd- 63%4th - 43%5th - 25%

Percentage of students in the district that are English Language Learners and receiving services.

27%

Total percentage of students in the district that are English Language Learners –27%creceiving services and 53% not receiving services.

80%

Percentage of students who enter Kindergarten in the Bilingual Program.

60%

Percentage of students receiving free lunch.

100%

Community Eligibility Provision (CEP)

Percentage of in-district students with IEPs.

15%

Percentage of students placed out of district.

6%

African American 10%

Hispanic 85%

White 5%

*Information from Realtime*

000113

93


5 | P a g e


Lakewood is clearly a district in which poverty, poor housing, poor nutrition and other conditions affect the educational performance of its students. In fact, the Asbury Park Press published an article; Schools unaware of lead-poisoned kids on February 28, 2015, which stated that over 100 children in Lakewood, who were recently tested (at that time), under the age of 6 were detected to have elevated lead levels – the highest in Ocean County.

Although I recognize that no amount of money may be able to reduce the negative socioeconomic factors that cause student disadvantages, one must recognize that a sufficient base budget is needed to provide students with a thorough and efficient education.

The students of the Lakewood School District deserve to maintain the education they have had the past five years. The progress has been steady, and the graduation rate has increased from 69% to 75.3% in 2016. The climate and culture in all of the schools has steadily improved, and Piner Pride in Lakewood has returned!

The 2017-2018 school budget not only promises to decimate the Lakewood School District, it promises to destroy the lives and future of its students. It is imperative that the students of Lakewood are provided with a thorough and efficient education that gives them a fighting chance!

I am hereby requesting that the state fully fund the district in order to have an adequate base budget, and avoid violating the Constitution by not offering students a thorough and efficient education

*I feel it is important to note that courtesy busing is not part of the 2017-2018 Lakewood SchoolDistrict budget.

If you would like to discuss this very important matter further, please feel free to call me at 732-905-3633. In the meantime, I cannot certify a budget that does not offer the students of the Lakewood School District a thorough and efficient education.

000114

94


6 | P a g e


Respectfully,

Laura A. Winters

Laura A. Winters Superintendent of Schools

cc: Michael Azzara, State Monitor David Shafter, State Monitor Teri Sinatra, State Monitor Regina Robinson, Business Administrator Board Members Marc Zitomer, Board Attorney

Glenn Forney, Director, Office of State Monitors

Attachments: Reduction Category as of March 16, 2017

000115

95


7 | P a g e


Reduction Category as of March 16, 2017

REDUCTION CATEGORY

Asphalt Repairs 200,000.00 Athletics All 1,000,633.00 Basic Skills Teachers (ALL) 883,938.00 Before After School 355,600.00 Central Admin Positions reduce 2 208,594.00 Co Curricular All 187,700.00 Guidance Counselors Elementary ALL 297,157.00 LHS Science Tech Supervisor 80,00,000 Libraries no expenditures 409,822.00 Literacy Coaches 296,807.00 NEW VP Position LMS 123,000.00 Nursing Services 1:1 321,843.00 Related Services Non Public 599,666.00 SCHI PRIOR YEAR O/S REFUND 761,998.00 School Admin Supplies 10,000.00 School Supplies 500,000.00 STARS PROGRAM RENT 197,300.00 Summer School LHS 164,251.00 Summer School Oak 105,022.00 TEACHING POSITONS add'l 106 8,024,557.00

14,727,888.00

000116

96

Lakewood Board of Education 200 Ramsey Avenue, Lakewood, NJ 08701

Laura A. Winters, Superintendent of Schools

March 21, 2016

Todd Flora Interim Executive County Superintendent 212 Washington Street Toms River, NJ 08753

Dear Dr. Flora:

Main Office: (732) 364-2400 Fax: (732) 905-3687

Thaddeus Thompson, Business Administrator

It is with great sadness that I must inform you that the Lakewood School District is unable to provide its students with a "thorough and efficient" education required by the New Jersey State Constitution. The level of education that will be offered to the students of the Lakewood School District in the 2016-2017 school year, is in my professional opinion, tragically inadequate and inferior compared to the education offered to those students in wealthier towns in Ocean County and across the state.

The Lakewood School District will be losing 68 members of its certified teaching staff, creating average class sizes of 38-39 students (K-12). Middle School students will no longer have the opportunity to participate in after-school clubs/activities and sports programs. High School students may participate in after-school clubs/activities and sports programs; however, they will be severely limited, as all late buses have been canceled for next year. Many students do not have the means to be transported from school to home and therefore, will not participate in these programs. In my opinion, this level of education does not meet minimum adequacy standards by any means. How can the students of Lakewood be expected to compete in the labor market, with students who have had educational opportunities that have prepared them for the world around them?

In a district with so few administrators, and close to 40 students in a class, there will be 3 less guidance counselors and 3 less administrators to assist students and teachers with the day-to -day operations of a school, never mind a special needs district. Staff members and students will also have to grapple with having to do more with less, as $200,000 in educational supplies was also cut from the budget.

The district has proposed 8 referendum questions for the November ballot (attached). While the statute for separate proposals requires that the proposals state, "These proposed additional expenditures are in addition to those necessary to achieve the Core Curriculum Content Standards," it is my professional opinion that these expenditures are in fact necessary to achieve the Core Curriculum Content Standards, as the base budget is not sufficient to provide a thorough and efficient education as required by the New Jersey Constitution.

llPage

000117

97


Laura A. Winters, Superintendent of Schools Thaddeus Thompson, Business Administrator

As you can see in the below charts, Lakewood has the highest percentage of people living in poverty, and the lowest per capita income - even when compared to Abbott districts.

Lakewood Township Compared to the Three Monmouth County Abbott Districts:

Lakewood Townshil>_ Per Capita Income $11,775 (Lowest per Capita Income!}_ Median Household

Income $38,025

Poverty Level 38.8% (Higher than all 3 Monmouth County Abbott Districts.!}_

N "1.>_tune Long_ Branch Per Capita Income Per Capita Income $31,897 $29,478

Median Household Median Household Income Income

$63,881 $48,736

Poverty Level Poverty Level 11.3% 17.8%

* http://www.census.gov/guickfacts/table/ (2010-2014)

Asbill)'_ Park Per Capita Income $24,282


$32,459

Poverty Level 32.0%

Lakewood Township Compared to Three Neighboring Townships in Ocean County:

Lakewood Townsh!I!_ Per Capita Income $11,775


$38,025

Poverty Level 38.8%

21Page

Brick Townshil>_ Forked River Per Capita Income Per Capita Income $34,840 $35,023

Median Household Median Household Income Income

$69,063 $69,583

Poverty Level Poverty Level 6.1% 11.7%

* http://www.census.gov/guickfacts/table/ (2010-2014)

Barn~at Per Capita Income $30,353


$66,294

Poverty Level 8.1%

000118

98

Lakewood Board of Education 200 Ramsey Avenue, Lakewood, NJ 0870 I Main Office: (732) 364-2400 Fax: (732) 905-3687


Lakewood School District Student Information:

Average Increase in Public School Enrollment each school

Average Increase in Nonpublic School Enrollment each school year

Percentage of students currently enrolled in aK-5 Bilingual/ESL Program.

Percentage of students in the district that are English Language Learners and receiving services.

Total percentage of students in the district that are English Language Learners -27%creceiving services and 53% not receiving services. Percentage of students who enter Kindergarten in the Bilingual Program.

Percentage of students receiving free lunch.

Percentage of in-district students withlEPs.

Percentage of students placed out of district.

African American

Hispanic

White

2015-2016 3% Increase 2014 - 2015 5% Increase

2015-2016 2,500 Student Increase 2014-2015 2,500 Student Increase

K-60% 1" -61% 2°d -66% 3rd_ 63%

4th_ 43% 5th_ 25%

27%

80%

60%

100% Community Eligibility Provision

(CEP)

15%

6%

10%

85%

5%

*Information from Realtime*

3IPage

000119

99



Lakewood is clearly a district in which poverty, poor housing, poor nutrition and other conditions affect the educational performance of its students. In fact, the Asbury Park Press published an article; Schools unaware of lead-poisoned kids on February 28, 2015, which stated that over 100 children in Lakewood, who were recently tested (at that time), under the age of 6 were detected to have elevated lead levels - the highest in Ocean County.

Although I recognize that no amount of money may be able to reduce the negative socioeconomic factors that cause student disadvantages, one must recognize that a sufficient base budget is needed to provide students with a thorough and efficient education.

The students of the Lakewood School District deserve to maintain the education they have had the past four years. The progress has been steady, and the graduation rate has increased from 70% to 75% in 2015. The climate and culture in all of the schools has steadily improved, and Piner Pride in Lakewood has returned!

The 2016-2017 school budget not only promises to decimate the Lakewood School District, it promises to destroy the lives and future of its students. It is imperative that the students of Lakewood are provided with a thorough and efficient education that gives them a fighting chance!

I am hereby requesting that the state fully fund the district in order to have an adequate base budget, and avoid violating the Constitution by not offering students a thorough and efficient education

*I feel it is important to note that courtesy busing is not part of the 2016-2017 Lakewood School District budget.

If you would like to discuss this very important matter further, please feel free to call me at 732-905-3633. In the meantime, I cannot certify a budget that does not offer the students of the Lakewood School District a thorough and efficient education.

Respectfully,

~'f.~6 uJulzw Superintendent of Schools

cc: Michael Azzara, State Monitor David Shafter, State Monitor Teri Sinatra, State Monitor

Attachment

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A. BE IT RESOLVED, that there should be raised an additional $5,156,817 for General Funds in the same school year 2016-2017. These taxes will be used exclusively for employing district staff as follows: 68 Teaching Staff (Kindergarten through 121

h

Grade). Approval of these taxes will result in a permanent increase in the district's tax levy. These proposed additional expenditures are in addition to those necessary to achieve the Core Curriculum Content Standards.

B. BE IT RESOLVED, that there should be raised an additional $258,000 for General Funds in the same school year 2016-2017. These taxes will be used exclusively for employing district staff as follows: 3 Guidance Counselors. Approval of these taxes will result in a permanent increase in the district's tax levy. These proposed additional expenditures are in addition to those necessary to achieve the Core Curriculum Content Standards.

C. BE IT RESOLVED, that there should be raised an additional $372,886 for General Funds in the same school year 2016-2017. These taxes will be used exclusively for employing district staff as follows: 3 Administrative Staff. Approval of these taxes will result in a permanent increase in the district's tax levy. These proposed additional expenditures are in addition to those necessary to achieve the Core Curriculum Content Standards.

D. BE IT RESOLVED, that there should be raised an additional $240,000 for General Funds in the same school year 2016-2017. These taxes will be used exclusively for Lakewood Middle School Sports and Clubs. Approval of these taxes will result in a permanent increase in the district's tax levy. These proposed additional expenditures are in addition to those necessary to achieve the Core Curriculum Content Standards.

E. BE IT RESOLVED, that there should be raised an additional $146,592 for General Funds in the same school year 2016-2017. These taxes will be used exclusively for Lakewood High School and Lakewood Middle School Late Buses. Approval of these taxes will result in a permanent increase in the district's tax levy. These proposed additional expenditures are in addition to those necessary to achieve the Core Curriculum Content Standards.

SI Page

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... '.



F. BE IT RESOLVED, that there should be raised an additional $200,000 for General Funds in the same school year 2016-2017. These taxes will be used exclusively for Educational Supplies. Approval of these taxes will result in a permanent increase in the district's tax levy. These proposed additional expenditures are in addition to those necessary to achieve the Core Curriculum Content Standards.

G. BE IT RESOLVED, that there should be raised an additional $2,000,000 for General Funds in the same school year 2016-2017. These taxes will be used exclusively for.!! Six-Year Deficit Reduction Plan. Approval of these taxes will result in a permanent increase in the district's tax levy. These proposed additional expenditures are in addition to those necessary to achieve the Core Curriculum Content Standards.

H. BE IT RESOLVED, that there should be raised an additional $150,000 for General Funds in the same school year 2016-2017. These taxes will'be used exclusively for District Homecare, Nursing, and Extraordinary Services. Approval of these taxes will result in a permanent increase in the district's tax levy. These proposed additional expenditures are in addition to those necessary to achieve the Core Curriculum

Content Standards.

6IPage

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Exhibit16

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Lakewood students heading to Trenton to protest teacherlayoffs

Payton Guion, @PaytonGuion Published 1:24 p.m. ET May 15, 2017 | Updated 9:04 a.m. ET May 16, 2017

Hundreds of Lakewood students will travel to Trenton on Wednesday to urge education officials to get behind a$10 million school district bailout, money to rehire more than 100 teachers and staff who were laid off last week.

This protest follows a walkout at Lakewood High School (/story/news/education/2017/05/12/lakewood-students-walk-out-protest-cuts-teacher-layoffs/319897001/) on Friday in which hundreds of students left their last classesand rallied at the football stadium in opposition to severe cuts. See the video at the top of this story for more

on the walkout.

Watch: Lakewood students walk out to protest cuts, teacher layoffs(/story/news/education/2017/05/12/lakewood-students-walk-out-protest-cuts-teacher-layoffs/319897001/)

Lakewood Superintendent Laura Winters said around 360 students from the high school and middle school will be bused to Trenton, where they will holda rally outside the offices of the Department of Education.

"The students are going to ask the department to save our teachers," Winters said.

The unusual field trip comes as Lakewood's school district finds itself in a nearly $15 million budget hole ahead of the 2017-2018 school year. Because ofthat shortfall, the district laid off more than 100 teachers (/story/news/education/2017/05/03/lakewood-warns-140-teachers-their-jobs-jeopardy/101243890/) and staff members. If those cuts hold, the average class size would be about 50 students.

Those teachers will be in their jobs until June 30, but will be let go unless the state provides extra money. Winters wrote a letter last week asking the statecommissioner of education for a $10 million (/story/news/investigations/watchdog/education/2017/05/10/lakewood-schools-asks-state-10-m-save-teachers/315918001/) loan so the district can rehire most of the teachers.

More: Lakewood fires more than 100 teachers, staff (/story/news/investigations/watchdog/education/2017/05/09/lakewood-school-board-rejects-teacher-layoffs-now/313040001/)

Michael Inzelbuch, a special-education lawyer and former attorney for the Lakewood Board of Education, is paying for 10 buses to take students to thestate capital. He said the impoverished school district isn't spending any money for the trip.

"Lakewood should not have to lose teachers," said Inzelbuch, who graduated from Lakewood High School in 1983. "We don't want loans, we wantmoney."

While Winters has formally asked for the $10 million loan from the state — a request students will presumably reinforce on Wednesday — the state hasnot said if it will give Lakewood schools any additional support.

DOE Spokesman David Saenz said Monday that the department is reviewing the request, but declined further comment.

(Photo: Brian Johnston)

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http://www.app.com/staff/10049588/payton-guion/

https://www.app.com/story/news/education/2017/05/12/lakewood-students-walk-out-protest-cuts-teacher-layoffs/319897001/

https://www.app.com/story/news/education/2017/05/12/lakewood-students-walk-out-protest-cuts-teacher-layoffs/319897001/

https://www.app.com/story/news/education/2017/05/03/lakewood-warns-140-teachers-their-jobs-jeopardy/101243890/

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https://www.app.com/story/news/investigations/watchdog/education/2017/05/15/lakewood-students-heading-trenton-protest-cuts/322377001/#

Without additional funds, Lakewood officials say they will also be forced to cut all after-school activities, including athletic programs and band.

More: Lakewood schools planned to ask township for $15M bailout (/story/news/investigations/watchdog/education/2017/05/11/lakewood-schools-planned-ask-township-15-m-bailout/318087001/)

Lakewood's school district, unique in the state, is home to about 6,000 public school students and an additional 30,000 students who attend privateschools — mostly religious schools.

Lakewood gets state funding based on its public school enrollment of 6,000 students, even though it is required to pay the transportation and specialeducation costs for the nonpublic population.

This school year, the district paid $15 million for busing private school students and $23 million to send students to schools that provide specialeducation.

State Sen. Robert Singer, R-Ocean, said he's working with state lawmakers to create a "carve out" for Lakewood schools aimed at preventing what hasbecome an annual budget crisis. Discussions on this are ongoing and have yet to produce a specific proposal.

Last year, Lakewood schools faced possible cuts of $11 million and layoffs of 68 teachers. The state came through with nearly $6 million in loans. Thisyear the shortfall widened to nearly $15 million. Singer's idea is to secure enough additional funding for Lakewood that annual loans and cuts won't benecessary.

The senator is expected to meet with students and speak before the buses head to Trenton.

Letter: Require accreditation of Lakewood’s private schools (/story/opinion/readers/2017/05/13/letter-require-accreditation-lakewoods-private-schools/101612214/)

Iann:: All spending on Lakewood’s non-public schools is mandated (/story/opinion/columnists/2017/05/10/lakewood-public-schools-orthodox-iann/101528718/)

More: Lakewood SCHI charity likely raised millions illegally (/story/news/investigations/watchdog/education/2017/05/03/lakewood-schi-charity-likely-raised-millions-illegally/101024868/)

Payton Guion: 732-643-4245; [email protected]

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https://www.app.com/story/opinion/columnists/2017/05/10/lakewood-public-schools-orthodox-iann/101528718/

https://www.app.com/story/news/investigations/watchdog/education/2017/05/03/lakewood-schi-charity-likely-raised-millions-illegally/101024868/

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Lakewood school funding: District needs millions tocover deficit

Stacey Barchenger, @sbarchenger Published 6:00 a.m. ET Feb. 1, 2018 | Updated 8:05 p.m. ET Feb. 1, 2018

LAKEWOOD - The township's public schools are facing a $14 million to $20 million budget shortfall for the2018-2019 school year, a gap district leaders say the state must fill.

Assistant Business Administrator Robert Finger said that estimate assumes district costs do not change andthe state fully funds Lakewood schools.

Increasing costs are inevitable – the district is in contract negotiations with teachers, for example – which means the budget deficit is likely to deepen, too.

Driving the deficiency are the district's above-average cost for tuition to send students to other schools, a largeportion of which is for special education, and buses for public and private school students.

"Most districts statewide, for transportation and tuition, are going to pay somewhere between maybe as low as 4 percent of their budget, maybe as highas 9 percent of their budget (for each)," Finger said during a budget discussion with the Asbury Park Press on Thursday.

"We’re at almost 20 percent on each."

The district is mandated by the state to cover those services, some of which could increase by as much as nearly $10 million over last year, according tothe most recent estimate.

Asbury Park Press Editorial Board meeting with Lakewood school officials. L to R - Lakewood School Board Assistant Business Administrator Robert Finger (Photo:Peter Ackerman)

School leaders are working to send a message to the state: The district is in a dire situation and needs more funding.

(Photo: Peter Ackerman)

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The board's lawyer and board members have threatened to resign if the state doesn't come through.

Watch the full question and answer session with district officials in the video at the top of this story.

Tackling the budget head on

Finger also gave a brief budget overview during the Wednesday night Board of Education meeting. While he initially offered a range of need, Finger latersaid at least $17 million in state aid would be necessary to balance the budget.

"They don't give us full funding, add another $6 million," he said.

The final figure almost will certainly surpass the $14.7 million deficit in the current academic year, a gap that nearly eliminated more than 100teacher jobs and athletic programs. Students and administrators went to the state last spring for help. Students protested in Trenton, which you can seein the video above.

Their efforts ended with an $8.5 million loan from the state and more than $1 million bailout from the Lakewood Township Committee that saved jobs andsports programs. The district has borrowed more than $15 million in the last three years and has to repay the state $2 million next year, according toFinger.

School officials have begun an effort, early in the budget process this year, to convince the state that Lakewood needs more loan-free funding because ofits unique student demographic.

As board attorney Michael Inzelbuch said: “We want to get ahead of the tsunami, not get swept up by it."

More than 30,000 children attend private and Jewish schools in the township, while only about 6,000 are enrolled in public schools. However, a large partof the state's school funding structure takes into account only public school enrollment, while mandating public districts pay for things such as busing andspecial education for private students.

That has created an annual funding scramble in Ocean County's largest township.

This year, leaders hope connections will come to their aid.

State Sen. Robert Singer, R-Ocean, has said he's talked with acting Department of Education Commissioner Lamont Repollet about Lakewood's uniquewoes. Repollet was appointed to the post by Gov. Phil Murphy, who has prioritized school funding (/story/news/2017/12/14/phil-murphy-education-funding/923802001/), and he formerly served as superintendent of the Asbury Park school district.

Lakewood Superintendent Laura Winters has asked for a meeting with representatives of the commissioner and governor.

And, perhaps more closely tethering the district to the new leadership in Trenton: Lakewood Board of Education Vice President Thea Jackson-Byers isthe principal at Asbury Park's Thurgood Marshall Elementary School.

State officials have not responded to the school district's pleas.

Background: Lakewood schools need state funding fix, experts say (/story/news/local/communitychange/2018/01/30/lakewood-schools-need-state-fix-funding-experts-say/1068701001/)

May 2017: Lakewood schools planned to ask township for $15M bailout (/story/news/investigations/watchdog/education/2017/05/11/lakewood-schools-planned-ask-township-15-m-bailout/318087001/)

More: Does New Jersey have the money to fix school funding? (/story/news/education/2018/01/26/does-new-jersey-have-money-fix-school-funding/1066197001/)

Lakewood school leadersLakewood school leadersbreak down the budgetbreak down the budget

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Asbury Park Press Editorial Board meeting with Lakewood school officials. Lakewood Superintendent Laura Winters. (Photo: Peter Ackerman)

Impact of township growth

Between 2,300 and 2,500 new students per year are expected to ride buses in the township, Inzelbuch said.

The state requires the district to pay about $750 to cover transportation for each private school student, according to Finger.

"We transport 3,000 of 6,000 public school kids," Finger said, "and 21,000 of the private school kids."

That means between $27 million and $28 million in expenses each year, he said. The district pays about $21 million of that to the Lakewood StudentTransportation Authority (/story/news/local/communitychange/2017/01/17/lakewood-busing-oversight-committee-knows-little-consortium/96241244/),a consortium formed to bus Lakewood's substantial number of private school students.

Tuition, mostly for special education, accounts for a fifth of the district's costs. Those costs are going up as Lakewood's population continues to grow.

About 25 percent of public school students have special education needs, according to Inzelbuch. About 900 of those students are educated inLakewood schools, while 400 others are sent out of district, according to the superintendent.

In the 2016-2017 school year, Lakewood paid nearly $29 million to send students to other special education programs, according to a district audit.

A large chunk of that money goes to the controversial $97,000-a-year School for Children with Hidden Intelligence, a private institution that has facedaccusations of discrimination in enrollment and whose founder is facing charges he stole more than $600,000 in public funds.

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Asbury Park Press Editorial Board meeting with Lakewood school officials. L to R - Randy Bergmann, Community Content Editor and Lakewood Reporter StaceyBarchenger. District attendees: Lakewood School Board Attorney Michael Inzelbuch Superintendent Laura Winters, School Board Assistant Business AdministratorRobert Finger (Photo: Peter Ackerman)

For next year, Fingers predicted a cost of $38.2 million, a nearly $10 million increase in just two years.

Bringing more special education services in-house would cut those costs long-term, Finger said. But the district has no space or capital to do so, he said,and a new building would cost $50 million.

Inzelbuch, who specializes in representing families of special education students, said the outlook on meaningfully expanding the district's offerings was"dismal."

From the archive:Ex-Lakewood schools lawyer in spotlight (/story/news/education/2016/02/14/lakewood-busing-attorney-litigation/80284678/)

More: Trenton legislators address school funding (/picture-gallery/news/education/2018/01/25/trenton-legislators-address-school-funding/109809566/)

Stacey Barchenger: [email protected]; @sbarchenger (http://www.twitter.com/sbarchenger)

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Lakewood schools need state funding fix, experts sayStacey Barchenger, @sbarchenger Published 5:01 a.m. ET Jan. 30, 2018 | Updated 3:44 p.m. ET Jan. 30, 2018

At Lakewood High School's first-ever student athlete luncheon last week, the mood was a bit party, mostlypreparation — not for an upcoming game, but for what is easily the school district's most formidable opponent.

The budget.

This school year began with a $14.7 million deficit — and the near demise of athletic programs and more than100 educator jobs — mitigated by bailouts from the township and state loans. The district is certainly facing ashortfall for the 2018-2019 school year, though how vast that is hasn't yet been discussed.

"Tell the state we're not to be messed with," Board of Education lawyer Michael Inzelbuch boomed into amicrophone inside the high school commons last week, prompting cheers from hundreds of athletes.

Over the course of the past weeks — between the luncheon and recent school board meetings — the district's approach to filling the budget gap hasbecome clear: Calling on the state, because of the township's unique student demographics, to give Lakewood additional money.

District leaders are meeting with the Asbury Park Press on Thursday. Follow the discussion live on Facebook. Click here to learn more.

(/story/news/investigations/watchdog/education/2018/01/30/lakewood-school-officials-field-questions-thursday-watch-live/1074561001/)

With six times as many children in private and Jewish schools, called yeshivas, than public schools, but a state funding formula that counts public schoolenrollment, the district is left strapped for cash to cover basic costs, such as transportation.

Lakewood's also faced soaring special education costs, another obligation of the public school budget.

Schools officials, allied with Sen. Bob Singer (http://www.njleg.state.nj.us/members/BIO.asp?Leg=93), R-Ocean, whose district includes Lakewood, pointto special funding given to Atlantic City in recent years as justification for their request. And the district has commissioned two studies that assert thestate funding formula is broken when it comes to Lakewood.

They hope to combat the perennial problem this year by launching the funding fight early and hoping new state leadership will work in their favor.

Inzelbuch, an alumnus of the high school, is emerging as a vocal figure in the burgeoning effort to lobby the state, threatening he and the entire Board ofEducation would resign if the state doesn't step in.

Asked if that was true, Board President Moshe Bender smiled, pointed to Inzelbuch, and nodded.

Budget cuts: Lakewood school officials, surprised by end of football rivalry, pledge to fund football (/story/sports/high-school/football/redzone/2018/01/19/lakewood-school-officials-surprised-end-football-rivalry-pledge-fund-football/1047364001/)

3 reasons Lakewood schools are broke (/story/news/investigations/watchdog/education/2017/05/26/3-reasons-lakewood-schools-broke/341950001/)

Cash-strapped Lakewood schools paying $600,000 for new attorney (/story/news/local/ocean-county/2017/08/18/lakewood-schools-pay-top-salary-in-new-jersey/580216001/)

Atlantic City and LakewoodAtlantic City and Lakewood

Atlantic City's public school enrollment is just slightly larger than in Lakewood, at about 7,000 students last year compared to Lakewood's 6,000. Yet thechief factor driving Atlantic City's financial need is different.

(Photo: Stacey Barchenger / AsburyPark Press)

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http://www.njleg.state.nj.us/members/BIO.asp?Leg=93

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https://www.app.com/story/news/local/communitychange/2018/01/30/lakewood-schools-need-state-fix-funding-experts-say/1068701001/#

The school district there received $32 millionin additional state aid this academic year, according to media reports and budget documents, thanks to a lawpassed in 2015 to address the city's declining commercial property value.

In Lakewood, the pitch to the state points to the exceptional private-school enrollment. The state funding method obligates the district to pay for somethings — such as busing and special needs education — for private school students.

Inzelbuch and Singer, who represents parts of Monmouth and Ocean counties and spent 30 years on the Lakewood Township Committee, say it's thestate's obligation to fill in the budget gap. Inzelbuch has said the district will not take out more loans to make ends meet; last year, the schools borrowed$8.5 million.

Singer said a special funding bill would not win approval in the Legislature, so he's launched an effort lobbying the Department of Education. A similareffort last year fizzled out without finding funding.

But this year is different.

Gov. Phil Murphy, still in his first month in office, chose Asbury Park School District Superintendent Lamont Repollet (/story/news/local/new-jersey/2018/01/12/phil-murphy-names-asbury-parks-lamont-repollet-education-chief/1026463001/) to serve as education commissioner.

Read the story: Phil Murphy names Asbury Park's Lamont Repollet as education chief (/story/news/local/new-jersey/2018/01/12/phil-murphy-names-asbury-parks-lamont-repollet-education-chief/1026463001/)

Singer hopes that local connection will bring an understanding of Lakewood.

"I have been speaking to the incoming commissioner who is from Asbury (Park) about Lakewood," Singer said, "and we’re talking about what has to bedone to fix the formula so this isn’t a recurring problem.

"You can’t keep saying to teachers, 'You may not have a job next year.'"

Watch Singer speak during the athlete luncheon in the video at the top of this story.

Studies blame the stateStudies blame the state

The Lakewood Board of Education this year has sought to put more firepower behind its lobbying effort, commissioning two studies that point to the stateeducation funding scheme as the source of the district's woes.

The studies will be discussed during a Wednesday public meeting of the Lakewood Board of Education, Inzelbuch said. The meeting is 7:30 p.m. Jan. 31at Lakewood High School, 855 Somerset Ave.

Read the full reports at the end of this story.

Sue Gamm, a former special education administrator in Chicago and federal education department attorney, spent six days in Lakewood between Dec. 4and 12. She visited schools and classes, interviewed leadership and program heads and reviewed 27 student records, according to her report.

Her resulting 39-page review points to the district's unique demographics, that is, the larger number of private school students and high number ofstudents with special education needs.

"Based on Lakewood's upside-down demographics, the school district is in constant and increasing financial distress," she wrote.

She suggested one possible solution: Mirroring federal funding structures for special needs students, which take into account the entire student-agepopulation living within a district's boundaries.

Special education fundingSpecial education funding

In the 2016-2017 school year, the school district paid $15 million to bus private school students and more than $23 million to send children to specialeducation schools.

Accounting for part of the soaring special education costs, Gamm wrote in her report, are families whose children would normally attend private schoolsand instead enroll in the public schools, which are Constitutionally obligated to provide a free education.

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While 5 percent of all students are white, 80 percent of special education students enrolled in the district are white, according to Gamm's report.

Receiving a lot of Lakewood's money is the School for Children with Hidden Intelligence, a private school lauded by officials but plagued for years byaccusations of segregation. Of 202 New Jersey public school students sent to the school in the 2016-2017 year, one was not white, an Asbury ParkPress investigation found.

Read more: Lakewood's SCHI 99 percent white, despite minority school district (/story/news/investigations/watchdog/education/2017/06/16/lakewood-schi-school-all-white-despite-millions-public-funding/371741001/)

EXCLUSIVE: SCHI overcharged Lakewood, others by $340K (/story/news/investigations/watchdog/education/2017/04/19/special-needs-school-overcharged-struggling-lakewood-district/100648640/)

But there's not much the district can do to cut those costs, Gamm notes, without its own school to educate special needs pupils. Building one and staffingit would take money the district doesn't have, she wrote.

"Further development of attractive and high-quality services that are at least comparable to those available at (out-of-district) facilities requires significantfinancial capital," her report reads.

"New Jersey's current special education funding framework for (Lakewood) does not allow for such capital, expansion, and improvements."

Lakewood schools funding report: Focus on special education(https://www.scribd.com/document/370272300/Lakewood-schools-funding-report-

Focus-on-special-education#from_embed) by Stacey(https://www.scribd.com/user/375840064/Stacey#from_embed) on Scribd

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https://www.scribd.com/document/370272300/Lakewood-schools-funding-report-Focus-on-special-education#from_embed

https://www.scribd.com/user/375840064/Stacey#from_embed

https://www.app.com/story/news/investigations/watchdog/education/2017/06/16/lakewood-schi-school-all-white-despite-millions-public-funding/371741001/

https://www.app.com/story/news/investigations/watchdog/education/2017/04/19/special-needs-school-overcharged-struggling-lakewood-district/100648640/

Lakewood schools funding report(https://www.scribd.com/document/370272297/Lakewood-schools-funding-

report#from_embed) by Stacey(https://www.scribd.com/user/375840064/Stacey#from_embed) on Scribd

Stacey Barchenger: 732-643-4245; [email protected]; @sbarchenger (http://www.twitter.com/sbarchenger)

Read or Share this story: http://on.app.com/2FucmJI

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Documents

Exhibit 1 - lakewoodlaworg.ipage.comlakewoodlaworg.ipage.com/documents/Exhibits Feb 2.pdf · Sent: Thursday, June 12, 2014 9:38 AM To: Arthur Lang Subject: Re: quick question See