OTHER PEOPLE’S SCHOOLS: THE CHALLENGE OF BUILDING NEW SCHOOLS IN NEW JERSEY’S URBAN DISTRICTS: 2000—2010 by ROBERT S. DANIEL A Dissertation submitted to the Graduate School-Newark Rutgers, The State University of New Jersey & New Jersey Institute of Technology in partial fulfillment of the requirements for the degree of Doctor of Philosophy Joint Graduate Program in Urban Systems-Educational Policy Written under the direction of Dr. Alan R. Sadovnik, Rutgers University Chair and approved by ____________________________________________________ Dr. Alan R. Sadovnik, Rutgers University ____________________________________________________ Dr. Gabrielle Esperdy, New Jersey Institute of Technology ___________________________________________________ Dr. Harold Wechsler, New York University ____________________________________________________ Ms. Joan Ponessa, Education Law Center, Newark, New Jersey Newark, New Jersey October, 2013 © 2013 Robert S. Daniel ALL RIGHTS RESERVED ABSTRACT OF THE DISSERTATION OTHER PEOPLE’S SCHOOLS: THE CHALLENGE OF BUILDING NEW SCHOOLS IN NEW JERSEY’S URBAN DISTRICTS: 2000—2010 By ROBERT S. DANIEL Dissertation Director: Dr. Alan R. Sadovnik This dissertation captures the 10-year contemporary history of implementing the facilities element of New Jersey’s historic Abbott V decision. New Jersey’s Legislature and Governor took this Supreme Court decision and created legislation responding to multiple constituencies and lobbyists while shaping a school construction program to be deposited within a government agency for implementation. While not the largest in nominal dollar value, New Jersey’s program was possibly the widest in geographic scope and most detailed in ambition in the United States. Aspects of program implementation are described and linked to their sources in the political sphere and their implications for the school facilities. New Jersey’s program built 63 new school buildings within 31 of New Jersey’s lowest-wealth school districts across the state in a fully centralized, highly controlled, and prescriptive manner. There is a political aspect of any public works program, and New Jersey’s played against a background of six Governors, beginning with Republican Christine Whitman and ending with Republican Chris Christie over the 10-year period ii July 2000 to July 2010. This program was a tool of Governors to be accelerated or dampened as needed through Executive Orders or more subtle controls. There is importance to this study as New Jersey is once again a national leader among the 50 states in addressing its most difficult school facility issues on a statewide basis. New Jersey’s program is a prototype and its experience, successes, and failures provide insight to other states that undoubtedly will be confronting these same problems as their school buildings age. iii Dedication This dissertation is dedicated to “other people’s children.” They are all “our” children who are not yet attending school in an educationally adequate, safe, dry, warm, and healthful school building. iv Acknowledgments Professor Alan R. Sadovnik, one afternoon in 2006, from his office in Bradley Hall, crowded with texts, set me on the path to research the problem of building schools in America’s cities. Understanding my research interest in the New Jersey program specifically and school facilities in general, he suggested that I meet with Joan Ponessa, at the time Director of Research at the Education Law Center. Without Professor Sadovnik’s support, guidance, and propelling me toward Joan, this dissertation could never have been written. My deepest gratitude must be expressed to Joan Ponessa, who after our first inspiring meeting one rainy afternoon, shared with me her wealth of experiences, files, writings, memoranda, and insights into the nuances of the program. She is a fountain of knowledge on school facilities in America and New Jersey’s program specifically. Her thoughts on this dissertation have been invaluable. Rain is a common theme: I met both Dr. Gabrielle Esperdy and Joan Ponessa on the rainiest, most windswept days that the city of Newark, New Jersey, could offer. Both graciously welcomed me into their offices: dripping umbrella and soaked raincoat. Gabrielle provided insights and direction on writing and shaping the form of this dissertation and its narrative. For her endless patience with reading and reviewing the multiple drafts, I am grateful. I thank Dr. Harold Wechsler of the Steinhardt School of Culture, Education and Human Development, New York University, for providing guidance and assistance on writing this contemporary history. He has been with me through this long journey as a patient and diligent reader and contributor. Dr. Jerry Byrd, who tirelessly edited the v dissertation from beginning to end, revision after revision, helped to bring it to a successful conclusion. His service is appreciated. A special thanks to my brother-in-law, Dan Markewich, Esq., for dedicating hours upon hours in proofreading and marking drafts of this material. My sister, Frances Fredrick (Dan’s wife) allowed her husband to spend all this time reading her “little brother’s” dissertation. I thank my many friends from within the Urban Systems program for their cheerleading and encouragement, among them Dr. Diane Hill and Amanda Beck. I thank my daughters, Moriel, Ayelet, and Tsufit, for patiently listening to their father discuss his school work, courses, poverty, school facilities, and urban education. I have been working on “that doctorate” for nearly 7 years. Thanks to my mother-in-law and father-in-law, Fay and Martin Novack, for being supportive of their son-in-law’s midlife academic pursuit. Finally, and most important of all, I am most grateful to my wife, Beth Ann Daniel. I am forever indebted to her for the support that she has provided throughout this long endeavor. She has boosted me and sustained my efforts by releasing me for the many years, months, days, and hours upon hours necessary to research and write. Without her encouragement and support, this dissertation would never have been started, written, nor completed. vi Table of Contents Title ...................................................................................................................................... i Abstract ............................................................................................................................... ii Dedication .......................................................................................................................... iv Acknowledgments................................................................................................................v Chapter 1: Problem Statement .............................................................................................1 The Problem ...................................................................................................................6 This Dissertation’s Focus ...............................................................................................7 Why Not a Program Evaluation? .................................................................................12 Recording History as a Participant ..............................................................................15 Use of the NJEDA, NJSCC, and NJSDA ....................................................................17 Significance of the Study .............................................................................................17 Chapter 2: Literature Survey ..............................................................................................19 General Literature Review ...........................................................................................20 Review of the Academic Literature .............................................................................23 New Jersey’s School Program as a “Mega-Project” ....................................................27 Review of the Trade Literature ....................................................................................35 Literature on Acquiring Land for Schools ...................................................................41 New Jersey’s School Facility Program in the Literature .............................................45 Audits: A Lens on School Construction Programs ......................................................50 Chapter Summary ........................................................................................................52 Chapter 3: Building Schools in New Jersey Before Abbott V ...........................................54 Industrial Revolution, Immigrants, and New Jersey’s Cities ......................................58 vii Post World War II “Baby Boom”: More School Building ..........................................63 School Districts Are Responsible for Their Buildings ................................................71 Taxation, School Districts, and School Buildings .......................................................93 Conclusion ...................................................................................................................96 Chapter 4: Abbott V ..........................................................................................................101 Chapter 5: Creating a Legislative Solution (1998–2000) ................................................118 How to Get Enough Votes for an Urban School Program .........................................122 Land for School Buildings .........................................................................................148