Justices
deny cash to finish schools
State given a Feb. 15 deadline
for construction cost estimate
Tuesday, December 20, 2005 • BY DUNSTAN McNICHOL •
Star-Ledger Staff
The State Supreme Court yesterday
declined to order an immediate infusion of cash for school
construction in New Jersey's neediest districts, but
required the Department of Education to supply an estimate
of future costs for its cash-strapped program by Feb.
15.
The ruling, the latest chapter in the
long-running Abbott vs. Burke case over public school
funding in 31 of the state's poorest communities, means
lawmakers will be under no pressure to replenish the $6
billion schools construction program before the current
legislative session ends Jan. 10.
Attorneys who petitioned the court after
the state Schools Construction Corp. suspended work on
hundreds of school projects, saying the $6 billion had been
allocated, called yesterday's order a positive
step.
"We would have liked to have seen this
earlier, but it's good that we have this deadline," said
David Sciarra, executive director of the Education Law
Center, the lead attorney on the Abbott case. "There are
more than 300 projects for which there have got to be
reliable estimates put together and given to the governor
and Legislature."
The Schools Construction Corp. suspended
work on the projects last spring after officials determined
the program had funding to complete only 59. The decision
was part of a sweeping overhaul prompted by a state
Inspector General's report on widespread management
weaknesses that made the school building program vulnerable
to waste and mismanagement.
The report followed a Star-Ledger
analysis that found high professional fees, cost overruns
and other expenses made the six schools built by the SCC
cost, on average, 45 percent more than schools built at the
same time without the state's involvement.
During a hearing on the Education Law
Center's petition last month, attorneys for the SCC said it
would take at least six months for the state to finish its
internal reorganization and be ready to seek or spend
additional money from the Legislature.
In yesterday's ruling, the court
acknowledged the state had made "substantial effort to
improve school facility conditions."
But, the court added, "significant
deficiencies in this area persist and are likely to worsen
at a severe cost to the state's most disadvantaged school
children if there is further delay in addressing the
dilapidated, overcrowded and dangerous schools in the Abbott
Districts."
In its order, the court gave the state
until Feb. 15 to tally the cost of 341 school projects
awaiting action by the SCC. In addition, the court ordered
the Abbott communities to file updated construction plans,
which were due Oct. 3, with the state by Jan. 15.
Through November, 12 of the 31
communities had filed updated plans with the state.
Projections based on those plans show it will likely require
an additional $14 billion in construction funds across all
31 districts over the next five years.
Assemblyman Craig Stanley (D-Essex),
sponsor of a bill to authorize another $2 billion in
spending for the school program, said he hopes the court's
new deadline will prompt action on his bill before the new
administration takes over Jan. 10.
"The fact that the court is intervening
shows there is a certain degree of urgency," he
said.
Dunstan McNichol covers state government issues. He may
be reached at dmcnichol@starledger.com or (609)
989-0341.
© 2005 The Star-Ledger. Used by NJ.com with
permission.
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