P'burg advised funding new school should top wish list

Monday, August 08, 2005 • By PRECIOUS PETTY • The Express-Times

PHILLIPSBURG -- Before Phillipsburg School District officials learned the new high school had been cut from the state's to-do list of construction projects, they were worried about the potential for another state-funding disaster.

Phillipsburg was named as one of 12 poor school districts around New Jersey that would lose its Abbott status, and thus extra state aid for school construction projects and pre-kindergarten classes, under legislation introduced in July.

But attorney Richard Shapiro, who specializes in education law, assured Phillipsburg officials last week they needn't fret about being eliminated from the state's muster roll of Abbott districts.

The Office of Legislative Services study which bolsters the bill is flawed, he explained to officials and the public at a special board of education meeting Thursday.

The study evaluated districts based on only two of three criteria -- economics and demographics -- the Department of Education uses to determine Abbott status, Shapiro said. The third criterion -- educational adequacy -- is the most important measure of whether a district needs extra help from the state, he said.

Shapiro said Abbott v. Burke, the New Jersey Supreme Court case from which Abbott districts' derive their name, was about educational adequacy and that Phillipsburg would almost certainly fall below acceptable adequacy levels without extra funding from the state.

The district's Abbott money in 2003-04 accounted for 36.4 percent of its net budget -- the second highest percentage on the list of districts that would be eliminated if the legislation becomes law.

He said it would be all but impossible for the education department to retract Phillipsburg's Abbott status on the strength of the Office of Legislative Services study.

"It's not going to happen quickly and it's very difficult for it to be accomplished," Shapiro said.

He noted that when education department Commissioner William L. Liberia recommended changes to the list of Abbott districts in May, he only had a few districts in mind, and none of them was Phillipsburg.

Shapiro said securing state money to build the district's new $90 million high school should remain at the forefront of district officials' minds.

Despite Phillipsburg's status as an Abbott district, a state agency announced July 27 that it had decided against plans to pay for the high school with the last $1.4 billion of a special fund.

Phillipsburg and other Abbott districts were left in the lurch when the New Jersey Schools Construction Corp. revealed it only had enough of a $6 billion fund remaining to finance a fraction of hundreds of anticipated projects.

At the meeting Thursday, which was called to discuss the impact of the construction agency's announcement, Shapiro urged audience members to pressure their local legislators to determine how much it will cost to pay for the unsatisfied construction projects and then fund them.

In the meantime, Shapiro plans to file a petition with the Supreme Court asking it to force the state to pay for the new high school and other Abbott districts' projects.


Reporter Precious Petty can be reached at 610-258-7171 or by e-mail at ppetty@express-times.com.
© 2005 The Express-Times. Used with permission.

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