Judge tells state to make an Abbott plan

Wednesday, August 10, 2005
Designation helps P'burg School District; court says program is disorganized.
From staff and wire reports

NEWARK -- A judge on Monday ordered the state Department of Education to stop dragging its feet and come up with a plan to manage court-ordered reforms in some of New Jersey's neediest school districts.

In a ruling issued Monday in Mercer County, Superior Court Judge Neil Shuster gave the education department 45 days to issue a roadmap for the division that oversees carrying out changes in the state's poorest urban school districts, known as Abbott districts. The Phillipsburg School District is one of 31 such school systems.

In 1997 and 1998, the New Jersey Supreme Court ordered that students in those districts should receive a better education through the addition of such things as high-quality preschool and extra state funding for school construction projects.

Shuster's ruling requires the state Department of Education to address the "recruitment, retention, professional development, and effective deployment" of its staff and consultants, include annual goals and objectives, and come up with a realistic budget to get the work done.

The Education Law Center sued the state in June over its failure to come up with a management plan for the next two years.

"A plan and budget is essential for building public confidence and engaging stakeholders in the historic effort to improve education in our high-poverty urban schools," Koren Bell, an attorney with the Education Law Center, said in a statement. "It will also assist in holding state education officials accountable for performance."

Education Law Center Executive Director David G. Sciarra said the Department of Education is only being asked to do what it already requires of districts that receive Abbott funding.

"If the state is expecting the schools and the districts to be accountable, it itself must be accountable as well," he said.

Gordon MacInnes, the department's assistant commissioner for Abbott implementation, said the state will comply with the judge's order.

"I'd rather win than lose, but there will be no problem with this decision," he said.

MacInnes said the department was mindful of the need to issue the plan, but chose to focus on more immediate priorities "like trying to get third- and fourth-graders to learn how to read."

Two weeks ago, Phillipsburg School District officials learned that plans for a new high school had been cut from a list of projects the New Jersey Schools Construction Corp. -- a Department of Education agency created to oversee school construction in Abbott districts' -- will pay for with the last $1.4 billion of a special fund.

The SCC is moving forward with only 59 of an anticipated 350 projects statewide, leaving Phillipsburg and other Abbott districts in the lurch.

Sciarra said the same problem that prompted the Education Law Center to sue the Department of Education in June led to the funding shortfall at the SCC: lack of accountability.

"The SCC for four years was unaccountable. It provided no information, no data, no report, no set of goals and objectives," he said. "It was impossible to find out what they were doing until it got so bad the inspector general was brought in to clean up a mess."

Robert Shapiro, an attorney who represents the Phillipsburg School District on Abbott issues, has said the Schools Construction Corp. is required by law to prepare reports documenting its progress and submit them to the Legislature each August. Since the agency's inception in 2002 it has not tendered one such report, he said.


Express-Times reporter Precious Petty contributed to this report.
© 2005 The Express-Times. Used with permission.

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