School construction projects are governed by Pennsylvania Act 34, nicknamed the “Taj Mahal” Act. Its purpose is to ensure that new schools are not unnecessarily expensive. It is a bit complicated, but the bottom line is that the Act sets a maximum cost based on the number and type of classrooms (called “teaching stations” under the law) in a new building. If this maximum cost (called the “Aggregate Building Expenditure Standard”) is exceeded, Act 34 requires that a voter referendum be held before construction can begin.
The Feasibility Study said nothing about Act 34. UCFSD ignored it until June, when we performed calculations (which were reviewed by the Pennsylvania Department of Education, or PDE) showing that the Act 34 cost cap was around $90 million. Once we alerted them to the issue, the District provided data to PDE, and PDE calculated a cost cap of $93 million. The District has never admitted they obtained this number, although PDE has confirmed it. Instead, we have learned through a Right-to-Know request that the District made it own calculation, erroneously claiming the cost cap was $95 million and the projected construction costs were $93 million. Remember that the Feasibility Study showed a total project cost of $120 million. Once adjustments are made to eliminate certain costs that are not considered under Act 34, the comparable Act 34 construction cost is around $105 million. With a cost cap of around $93 million and a construction cost of $105 million, there clearly was an issue: the Middle School project would be considered a “Taj Mahal.” Nonetheless, for weeks, the District continued to deny this, stating that the project was in “full compliance” and further implying that if there were a problem, the new architect would fix it.
Later, the District provided new, different Act 34 data in an “FAQ,” which states the cost cap is $105 million and the estimated construction cost is $96 million, “well within” the Act 34 limits. However, this comparison is apples and oranges. The $105 million cost cap is based on an imaginary building that is much larger than was included in the Feasibility Study. It adds approximately 30,000 square feet and has 30% more classrooms than teachers! We estimate that this would add at least $15 million to construction costs. So the building would still fail Act 34 tests.
The District has now committed to have their new architect, Breslin, to review all these numbers. We believe Breslin will concur with our conclusion that a new Middle School that meets the District’s criteria for large classrooms, wider hallways, etc. will inevitably be a “Taj Mahal.” This means that the public will need to approve the project in a referendum if it is to go forward. Nonetheless, the District is currently in the process of spending $5 million to design the new building, even though many people (apparently including Board members, who are planning financial gymnastics to avoid an Act 1 referendum) believe voters would not approve the project. How is this fiscally responsible?
The District Responds to Act 34 Questions with Hostility
The District’s response to our raising Act 34 issues is a classic example of their lack of transparency and resistance to public input. Indeed, Superintendent Sanville became overtly hostile when pressed about some incorrect statements he made about Act 34. In response to a query by Mark Stookey, he wrote:
“Mark – I’m not sure which is bigger – your ego or your ignorance. As I said before – you could not be more wrong. The fact that you double down on your lack of knowledge discredits everything you say. – Dr. Sanville”
In reality, Sanville was wrong and rather than own up to it, he responded with a verbal attack–and without any analysis or evidence.
It is clear that the School Board really, really does not want to hold a referendum, and they have already telegraphed that they will work with their architect to try to avoid one. We all need to work together to closely monitor this situation to try to ensure that UCFSD doesn’t try to circumvent Act 34, causing citizens to forego the opportunity to vote on the proposal in a referendum.
In Missing Act 34, UCFSD Confirmed its Incompetence
Despite its large staff of well-paid Administrators and the expensive consultants UCFSD has engaged to work on the Middle School Project, Act 34 was ignored until we brought it to the District’s attention. This is astonishing. Act 34 is not something that should emerge for the first time only due to a resident’s inquiry months after UCFSD began the project analysis and after a “go ahead” decision had already been made. In hours of presentations and hundreds of pages of documents, there was no mention of Act 34. This “Taj Mahal” law is not obscure—it applies to all significant school construction projects in Pennsylvania and figures prominently in project materials from other districts. Failing to have adequately considered Act 34 is more evidence of the lack of knowledge, experience, and competence that has been exhibited throughout the Middle School project. In particular, the Superintendent should have ensured that this issue was fully addressed. As many residents have pleaded, it is time to pause and reexamine this project, and to develop a plan consistent with the law that residents can support with confidence.
Why the Rush to Replace Patton Middle School? 