State seeks time to get funds for Abbott projects

Tuesday, October 30, 2007 • BY JOHN MOONEY Star-Ledger Staff

The Corzine administration yesterday again asked the state Supreme Court for more time to come up with money for the stalled school construction program, saying it needs a few more months to develop a long-term fiscal plan for the state.

Advocates for schoolchildren in the state's most impoverished districts have gone to the high court demanding the state meet its obligation to repair and reconstruct scores of aging and crowded schools in these communities, as mandated under the court's Abbott vs. Burke rulings.

Many of the projects were put on hold when the state's construction program stalled last year after spending $6 billion and coming under criticism for widespread waste and abuse.

After winning a short grace period from the court in the spring, the state Attorney General's Office yesterday asked again for more time, saying Gov. Jon Corzine's expected plan for restructuring the state's fiscal indebtedness would be presented "by early 2008."

"It is only after restructuring has occurred that it would be fiscally prudent to address the additional funding needs of school construction," read the state's brief filed.

The filing also maintained the state has acted in good faith in investing $6 billion, and the court's intervention at this point "would raise serious issues regarding the court's authority in light of the constitutionally mandated separation of powers."

The Abbott schoolchildren's chief lawyer said last night the state's response fails to provide much hope to the long-beleaguered districts.

"It's very disappointing that again no specific time frame for securing the facilities funds has been presented, and that we have no assurance when this will get done," said David Sciarra, director of the Education Law Center, which requested the court's intervention.

"It's the same position that has been taken for over two years now and was presented to the court last spring," he said. "This comes at a time when we have thousands of students in buildings that are unsafe, overcrowded and not adequate."

The state's lengthy response and certifications from top education and treasury officials provided some new details on the fate of the plagued construction program.

For one, the vague timeline of presenting a restructuring plan "by early 2008" is the first time the Corzine administration has made such a pledge in writing, let alone in a legal filing to the state Supreme Court.

Such a timeline seems to indicate Corzine will not present his plan during the Legislature's post-election "lame duck" session, which concludes Jan. 7, but seems to ensure a plan will be included in Corzine's fiscal 2009 budget address.

In addition, the state's filing indicates the currently funded projects should keep the state's revamped Schools Development Authority in operation through August 2010.

"The program ... is not at a standstill," the brief read. "There has been and continues to be substantial construction work -- work that will be ongoing through the next several years even without additional funds being secured."

That's not much consolation to those in Paterson, where two projects are finished and two are nearing completion, but three are stalled and another dozen have yet to begin, advocates said.

"They've said themselves we have the worst facilities in the state, but the fact that we'll wait even longer and say to another generation of kids, 'Too bad' ... it's just awful," said Irene Sterling, president of the Paterson Education Fund, a nonprofit advocacy group. "There is no question these are difficult times financially, but you have to ask what are our priorities."


© 2007 The Star-Ledger. Used by NJ.com with permission.

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