Construction Litigation Delayed

Construction Litigation Delayed

The New Jersey Supreme Court last week denied a motion that sought to force the state to supply necessary funding for stalled construction projects in the 31 Abbott school districts.

The Education Law Center (ELC) filed the suit in April. The court termed the motion “premature” in its May 25 decision.

Basis of Suit The law center’s motion asked the court to order the Legislature to approve additional construction funds by June 30. David G. Sciarra, ELC executive director, said he filed the suit because the Legislature failed to act on a request by the New Jersey Schools Construction Corp. for $3.25 billion in additional construction funds to restart numerous, previously approved building projects. The projects were put on hold when the agency ran out of funds in July 2005. The Schools Construction Corporation’s request included funds designated for suburban and middle-income districts, as well as Abbott districts.

When the Legislature established the school construction program seven years ago, it provided grant funding to all public school districts, regardless of financial status. The program resulted from the state Supreme Court’s Abbott rulings, which held that all public school students have a constitutional right to attend school in facilities that are safe, not overcrowded and educationally adequate.

Basis for Denial The Supreme Court denied the ELC motion last week because the justices felt that the state’s compliance with previous court rulings should be viewed in light of the fiscal 2008 budget, which has not yet been adopted.

The court presumed that the Legislature and the state Department of Education would comply with their constitutional obligation to provide every public school child in New Jersey with a thorough and efficient education.

However, the court dismissed the law center’s motion “without prejudice,” which will allow the matter to return to the court if the state should fail to provide sufficient funding. If that occurs, NJSBA plans to file a motion to appear as amicus on behalf of non-Abbott school districts.