SDA prevails in court challenge by ELC

TRENTON – The Schools Development Authority won a court ruling Monday against the Education Law Center over development of regulations.

The appeals court turned back an ELC attempt to force SDA to promulgate regulations setting forth the procedures by which it will determine the capacity of SDA districts to manage all aspects of school facilities projects.

SDA is in charge of the construction and renovations of schools in approximately 31 districts around the state, sometimes known as the Abbott districts, poorer, urban districts that courts previously ruled were receiving unconstitutionally unequal treatment and funding.

The court said this was the second time ELC has sought court intervention in this regard.

The court said it previously had required SDA to adopt regulations and it did so.

The court said today that this latest ELC action “actually challenges the regulations the SDA recently adopted,” and the court today has found ELC’s arguments without merit.

ELC had argued that SDA’s definitions were too restrictive and should be supplemented to include design and development and land acquisition as well.

In determining reasonableness of the SDA regulations, the court said that among other things it gives “great deference” to an agency’s interpretation of statutes within its scope of authority for which it is responsible.

The court found that SDA’s actions were not arbitrary and complied with its statutory authority.



SDA prevails in court challenge by ELC