1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35
36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67
OAL DKT. NOS. EDU 03246-01S, EDU 04029-99S, EDU 04030-99S, EDU 04113-99S, EDU 04436-99S, EDU 05356-99N, EDU 05358-99N, EDU 05799-99N, EDU 05804-99N, EDU 05873-99N, EDU 07157-99N, EDU 07158-99N, EDU 07456-99N, EDU 07914-00N, EDU 09462-00N
unreasonable, as logic compels that the DOE's decision on whether to allow the district to implement a full-day, year-round program for all eligible preschool children had to be received before the facilities for implementing the program could reasonably be identified and secured. The nature and structure of the program to be provided would be a vital factor in establishing the sites for the implementation of the approved program.
DISCUSSION
The long history of Abbott  litigation demonstrates that the issues involved in the effective delivery of a thorough and efficient education to students in the designated Abbott districts are, for many reasons, not easily brought to conclusion. Indeed, in his concurring opinion in Abbott VI , Justice Stein reflected that "[t]he effectuation of the Abbott V requirements involves both a large scale and long-term cooperative effort between the DOE, the Abbott districts and the Abbott schools, much more in the nature of a marathon than a sprint."163 N.J . at 128. He recognized that in this effort, so complex and vast in scope, "missteps are virtually certain to occur."163 N.J. at 132. While he clearly foresaw that such a project could not be successfully completed in "a sprint," the fact that it might be a long-term, "marathon" undertaking did not, however, mean that the near-term efforts did not have to be undertaken with urgency, for "the clock is ticking, and for each school year in which implementation is delayed or flawed, thousands of urban children will lose the full benefit promised by the Abbott initiatives." 163 N.J. at 132-33. Foreseeing that "vigorous leadership on the part of the Commissioner and sustained support and encouragement from the DOE will be critical if the reforms are to succeed," 163 N.J. at 128, he asserted that "[t]he time for "bold, corrective and decisive action by the DOE is now," 163 N.J.  at 133.
The petitioners, who initially contended in 1999 that the DOE had failed to comply with the mandates issued by the Supreme Court in Abbott V , continue to insist that the DOE continued to fail to comply with those mandates in the post-Abbott VI stage. In their arguments and evidence, they rely in significant part upon the conduct of the

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