Group
seeks order for more school construction
funds
Lawyers ask the top court to
force state to finish projects put on hold
Friday, August 12, 2005 • BY STEVE CHAMBERS •
Star-Ledger Staff
Lawyers for the state's poorest children
yesterday asked the New Jersey Supreme Court to order more
funding for a $6 billion school construction fund that has
nearly run out of cash.
The action by the Education Law Center in
Newark came just two weeks after the Schools Construction
Corp. -- which is overseeing the program -- announced it was
putting more than 200 school projects on hold because it
didn't have the money to build them.
The SCC has been beset by allegations of
waste and mismanagement since it announced it was running
low on funds and could build less than half the schools
needed by the state's poorest 31 districts. Acting on a
long-standing suit by the law center, the Supreme Court
ordered the state in 1998 to replace "crumbling and
obsolescent" schools in the poorest districts.
The law center asked the court to order
more money because it said state education officials were
failing to respond to the huge shortfall.
"We really felt compelled to go to the
court," said David Sciarra, executive director of the law
center. "Everyone knows we have a problem. At the end of the
day, more resources are required, and yet we've had no
action."
But Republican legislators, already
outraged by the SCC debacle, said it was premature to make
demands.
"For them to disregard the mismanagement
or misuse of funds, it's obvious their agenda has nothing to
do with what is right," said Assemblyman Joseph Malone (R-
Burlington), a member of both the education and budget
committees. "It's a disgusting grab for taxpayer money
regardless of how that money is spent."
The law center and some of its supporters
in the Legislature argue, however, that allowing the program
to grind to a halt will cost the public even more money. In
legal papers filed yesterday, the law center estimated that
every year of delay could cost the state $40 million to $60
million in additional funds. It argues the 1998 court order
means every pending school must eventually be
built.
The state is in the process of
determining precisely how many schools are needed in the 31
"special needs" districts, but in its filing, the law center
identifies 103 schools that it claims are far enough along
that halting work will cost the state money.
On July 27, SCC officials voted to
proceed with 59 school projects they said they could afford
to build. At the time, they said 207 other projects would be
put on hold, but did not release a full list.
Both the SCC and the state Department of
Education declined to comment on the lawsuit. A spokeswoman
for acting Gov. Richard J. Codey also declined to comment,
but Codey has said the debate over more funding should wait
until a new governor and Legislature are elected in
November.
The SCC has been under fire since a
February Star-Ledger article revealed its schools were
costing far more to build than ones overseen by local
districts. That spurred a review by the state inspector
general, which concluded in April that the SCC was riddled
with inefficiencies and lax controls that opened the door to
widespread waste and abuse.
Steve Chambers may be reached at schambers@starledger.com
or (973) 392-1674.
© 2005 The Star-Ledger. Used by NJ.com with
permission.
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