NJ Supreme Court rejects bid to get Murphy to add construction money for urban schools
The New Jersey Supreme Court this week denied a motion from the nonprofit Education Law Center that had asked the high court to force the state to step in and fund school construction in New Jersey's poorest urban schools under the monumental Abbott v. Burke education funding cases.
“Consistent with its past practice, the Supreme Court left the door open by denying the motion ‘without prejudice,’” said Education Law Center senior attorney Theresa Luhm. “This means if the governor and Legislature again allow the program to run low on funds, the Education Law Center will not hesitate to go back and ask the justices to remind our elected officials of their constitutional obligation to provide safe and adequate school facilities.”
The Education Law Center filed a "motion in aid of litigants' rights" in February 2021, arguing the state had not taken the necessary steps to fund the Schools Development Authority, a statewide agency that funds new schools and renovations in 31 urban SDA districts and a percentage of facilities projects in all other public schools across the state.
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As one of the 31 SDA districts, Paterson has received more than $500 million worth of construction and repairs over more than two decades from the agency, but as 17 of Paterson's school buildings are more than a century old, the district is still in need of serious facilities improvements.
The SDA was running low on funds when the nonprofit filed in court. The Legislature had granted $12.5 billion worth of bonds paid for by taxpayers to fund the SDA, and it had approximately $650 million worth of bonding authority left to use.
The Attorney General’s Office, arguing on behalf of the Murphy administration, said there was no need for intervention: The SDA continues to build schools, and the agency has already alerted the Legislature about its need for more money.
As the court case dragged on, the Murphy administration and Legislature allocated $1.85 billion to pay for construction in the poor urban districts, allowing the SDA to continue to build 19 new schools and fund hundreds of repair projects. Murphy’s latest budget proposal for the 2024 fiscal year does not include any new funds for the agency or a dedicated funding source, though the governor did propose $75 million for repair projects.
“Since Gov. Murphy came into office, the administration has made significant investments in the SDA," said Murphy spokesperson Christi Peace. "These investments have enabled the repair, renovation, and construction of school facilities that have benefitted previously-underserved school communities. The governor remains committed to supporting the SDA’s ongoing efforts to help our State deliver a high-quality education to every student.”
The remaining need is still great: 16 SDA districts are significantly overcrowded, and at least 50 school buildings should be replaced due to their age and condition, projects that could roughly cost more than $7 billion that the agency does not have funding to cover.
The court had denied a similar request from the Education Law Center in April 2020, writing that the relief the nonprofit sought was premature and the state could comply with the Abbott v. Burke decision during the 2021 budget negotiations.
“There is overwhelming evidence, even provided by the Murphy administration itself, that tens of thousands of children throughout the state are being forced to attend school in facilities that are shockingly unsafe, unsanitary, overcrowded, and detrimental to learning,” said Education Law Center executive director Robert Kim.
“ELC will remain vigilant — and is committed to pressing the governor and Legislature to meet their legal obligations by allocating sufficient funding for critical school facilities improvements, repairs, and construction and to returning to the court if they fail to do so,” Kim said.
This article originally appeared on NorthJersey.com: NJ high court rejects bid for more urban school construction money
