New Jersey § 52:18a-235

§ 52:18a-235.

The Legislature finds and declares that: a. The Constitution of the State of New Jersey requires the Legislature to provide

for the maintenance and support of a thorough and efficient system of free public

schools and this legislative responsibility includes ensuring that students are educated

in physical facilities that are safe, healthy, and conducive to learning. b. Inadequacies in the quality, utility, and safety of educational facilities among

school districts of this State, and particularly in Abbott districts, led to the enactment

of the “Educational Facilities Construction and Financing Act,” P.L.2000, c. 72 . 1 That law authorized the New Jersey Economic Development Authority to undertake a

comprehensive school construction and financing program, including the funding, designing,

and constructing of school facilities for the Abbott districts and certain other types

of districts. c. The New Jersey Schools Construction Corporation was created in August 2002 as a

subsidiary of the New Jersey Economic Development Authority pursuant to the provisions

of section 16 of P.L.1997, c. 150 ( C.34:1B-159 ) and Executive Order No. 24 of 2002 to, among other things, focus, coordinate, and

centralize the efforts to design and construct school facilities in the Abbott districts

and certain other types of districts. d. In February 2005, an investigation of the activities of the New Jersey Schools

Construction Corporation was undertaken by the Inspector General. The Inspector General found that structural and operational problems at the corporation

were impeding the progress of the school construction program and made recommendations

for actions to improve the program. e. The corporation initiated reform efforts to implement the recommendations of the

Inspector General. While undertaking these reform efforts and continuing to undertake the design and

construction of school facilities projects, it was determined that there would be

insufficient funding available under the “Educational Facilities Construction and

Financing Act” to complete all the school facilities projects in the Abbott districts. A joint effort by the New Jersey Schools Construction Corporation and the Department

of Education resulted in a prioritization of projects to be completed with remaining

funds. f. Governor Jon S. Corzine issued Executive Order No. 3 of 2006 in February 2006 which

created an Interagency Working Group on School Construction to study management reforms

and legislative action necessary to improve the school construction program. g. The Interagency Working Group on School Construction recommended statutory changes

including the creation of a new school construction authority with a specific focus

on Abbott district construction, a governance structure tailored to its mission, project

implementation requirements to ensure that projects are undertaken consistent with

educational priorities, land acquisition and procurement reforms to improve efficiencies,

provide flexibility, and control costs, and a greater role and responsibility given

to the Abbott districts in managing certain types of projects. h. The initiatives provided herein implement the recommendations of the Interagency

Working Group on School Construction with regard to the creation of a new school construction

authority and the undertaking of projects for and by Abbott districts so as to ensure

that the agency undertaking the school construction program has adequate internal

controls, processes, and procedures to undertake additional school facilities projects;

and the initiatives also provide opportunities for the Abbott districts, the public,

and stakeholders to provide input during the various phases of the construction of

school facilities projects. 1

N.J.S.A. § 18A:7G-1 et al.