newjerseynewsroom.com

BY TOM HESTER SR.

NEWJERSEYNEWSROOM.COM

The Newark-based Education Law Center announced Wednesday that it has filed a petition with a state Office of Administrative Law judge charging the state Department of Education has failed to promptly review and approve hundreds of emergency health and safety projects in urban school buildings statewide, as required under the state Educational Facilities Construction and Financing Act and the landmark court Abbott v. Burke rulings.

The Education Law Center (ELC) filed the action on behalf of what it describes as thousands of children who, as a result of the DOE's inaction, are attending school in buildings with unsafe, unhealthy and dangerous conditions, including leaky roofs; crumbing facades; and inadequate heating, fire safety and other basic systems.

In June 2011, after a nearly 18-month shutdown of the state school construction program, the DOE asked the 31 urban or so-called "Schools Development Authority districts" to submit applications for emergent projects for review and approval by the agency. In response, the districts sought approval for 760 conditions in existing school buildings in need of emergent repair. An emergent repair is defined by the law as a condition "so injurious or hazardous that it causes an imminent peril to the health and safety of students and staff." Emergent repairs must be performed by the state through the DOE and the Schools Development Authority (SDA).

Under state law and regulations, the DOE is required to promptly do site inspections and certify if an emergent condition exists. The agency is then required to review and approve the repair project on an "expedited basis." Once the DOE approves the project, the SDA is obligated to do the repair work as quickly as possible.

ELC complains that almost a year since submitting their repair requests, the 31 urban districts are still waiting for the DOE to make decisions on the projects. The DOE issued so-called "status determination" letters to the districts in March — identifying 76 of approximately 760 projects submitted as "potential" emergent projects. The DOE did not issue any final decision on the projects and has provided no timeline for when those decisions will be made or, more importantly, when these unsafe and dangerous conditions will be addressed.

Attorney Greg Little and several associates at the New York law firm of White & Case are handling the lawsuit for the ELC without charge.

"The law clearly requires the state to address hazardous school conditions and almost nothing has been done in the last two years," Little said. "Every school day thousands of children, teachers and other staff using SDA school buildings where these emergent conditions exist face an imminent threat to their health and safety."