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
Court's observations in Abbott V and VI regarding the wisdom of and need for cooperation with existing community-based providers and the terms and conditions necessary to accomplish this cooperation while assuring that the districts have all necessary control and authority to ensure that the community-based programs function in accordance with Abbott standards Abbott VI , supra , 163 N.J . at 114-16.

Arguments Concerning Specific Issues

Standards and Guidance

The ELC's first contention is that the DOE has failed to provide timely and concrete guidance to both enable and assure that districts plan and implement Abbott VI quality-preschool-for-all-children standards. In Abbott VI , the Supreme Court directed that uniform standards be established emphasizing articulation with the whole school reform programs and the Core Curriculum Content Standards. It emphasized then that staff assistance, which the DOE now offers and has been provided post- Abbott VI in many workshops, seminars, and meetings, is not a substitute for "substantive standards" issued by the Commissioner. The Court did not believe that the DOE would be able to evaluate preschool programs and prevent a two-tiered system from forming, with one tier consisting of those programs offering well-planned, high- quality early childhood education and the other tier consisting of those programs offering nothing more than daycare, unless such substantive standards were promulgated. Abbott VI, supra , 163 N.J. at 106-07. Indeed, in his concurrence, Justice Stein termed the need for "prompt adoption. . . of clear substantive standards" "incontestable."163 N.J. at 123. The Court noted that at the time of the decision the DOE had a set of "draft standards" on its website and ordered that "substantive educational guidance," termed an "essential component of DOE's commitment," must be adopted by April 17, 2000. 163 N.J. at 107. The Court's concerns regarding the need for substantive standards can only be understood in light of its previous comments regarding standards and the adoption of
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