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not provided in those years, except to the extent that there may be enforceable rights based upon approvals already given, such as Perth Amboy claims. The more immediate issue is the provision of temporary facilities to allow for the maximum enrollment of preschoolers during the interim period until the permanent facilities are in place. The Supreme Court's mandate, as expressed in Abbott V , is absolutely clear. The necessary funding for needed temporary facilities must be supplied. If the DOE disputes the need for space in any district, then the parties must, if they cannot resolve their dispute, seek resolution through the administrative hearing process. If the need is not disputed, then there is no warrant for delay in providing the funding or the facilities themselves. The key, of course, is the need for realistic assessment of the needs of the several districts for temporary facilities. Counsel for Passaic and Elizabeth has strongly asserted that the number of modular units the Department proposes to supply through the EDA is insufficient to serve the needs of the districts, perhaps grossly so, pointing out at argument that the two districts he represents will themselves need a significant percentage of the proposed modules. The record here does not allow for a determination of this question, which is inextricably tied to the individual needs of specific districts, but the Sztuk certification proposes that the number being obtained will suffice, and the Department has presumably based that number upon a full evaluation of the needs of the districts. In that regard, much said already in this decision as to the absolute need for DOE oversight and careful assessment of the districts' needs bears repeating. To the extent that individual districts allege that they will not have the needed temporary facilities in place for the start of the new school year, or that they do not now have them and could actually use them at this time to fulfill Abbott mandates if in place, the districts may seek relief from the Commissioner, although of course it is the Commissioner's right to determine whether they present proper grounds for a contested case. It is hoped, as the Court urged, that the parties will resolve these issues without the need for hearings.

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