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I CONCLUDE
that the districts are required to conduct reasonable evaluations,
reviews and assessments of themselves, their preschool children
and their providersą circumstances and to use these as aids in
formulating plans for the implementation of Abbott preschool.
These must be made available to the DOE so that it too can, as
it must, conduct reasonable reviews and assessments of the districtsą
actions.21
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In
addition,
and of paramount significance, I CONCLUDEthat
the DOE must issue clear guidelines
and standards to districts concerning the information that it
requires to understand, evaluate
and ultimately decide upon the adequacy of their plans, requested
funding and plan implementation.
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The
permanent-facility needs of the several Abbott districts must
be addressed through the path
determined by the Legislature. The EFCFA is the Legislature's
response to the challenge of
assuring that the Abbott districts have these permanent
facilities, while at the same time it represents a political decision
by the elected representatives
of the people as to how to achieve that mandate and at the same
time recognize the interests
of other districts and their students. To the degree that the
EFCFA process controls the decisions
regarding permanent facilities, all necessary
measures must be taken to assure expeditious decision making,
both in regard to initial determinations
and reviews thereof. Of course, all such decisions must be made
with full recognition of and
obedience to the Supreme Court's requirement for the full funding
of facilities necessary for
the provision of Abbott preschool, as well as all other aspects
of the broader Abbott mandates.
To the extent that compliance by appropriate
governmental agencies with such requirements must be anticipated,
there is no warrant to avoid
the EFCFA process, but that process must recognize the urgency
of the needs of
districts and students.
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That
facilities funding has not been accomplished in the 1999-
2000
and 2000-2001 school years is certainly regrettable, but at this
time there is no relief that
can be afforded for facilities not built or funding
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21An
example of a district's assessment of its students' circumstances
and needs is detailed in Dr. Seplocha's certification regarding
Perth Amboy's assessment.
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