Justices deny cash to finish schools

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.