For More Information Contact:
David Sciarra and/or Steve Block
973-624-1815, ext. 16 or 18

For Release:  June 25, 2003 

WHOLE SCHOOL REFORM STRENGTHENED UNDER COURT ORDER     

NJ SUPREME COURT ACCEPTS WITHDRAWAL OF STATE’S MOTION TO ELIMINATE ABBOTT K-12 PROGRAMS AND REFORMS 

ORAL ARGUMENT SET ON STATE’S REQUEST TO CAP ABBOTT BUDGETS

NEWARK – Calling it another “big victory for children,” Education Law Center (ELC) praised the Order issued late Monday by the NJ Supreme Court in the landmark Abbott v. Burke case.

“We are extremely pleased that the Court has adopted the agreements reached by the parties in mediation,” said David Sciarra, ELC’s Executive Director and counsel to the Abbott plaintiffs.  “We are especially grateful to Mediation Judge Philip Carchman.  His skill and patience facilitated resolution of complex and contentious issues,” Mr. Sciarra added.

On April 29^th, the Court called for mediation over the State’s motion to cap Abbott funding for a second straight year, and to eliminate the 1998 Abbott V mandates for whole school reform and supplemental programs.  Judge Carchman was assigned to mediate the dispute. After three weeks of non-stop sessions, he presented his report to the Court on May 29^th.

The Court Order issued yesterday adopts the agreements hammered out by Judge Carchman.  The Court also set oral argument for July 10^th on the State’s request to impose another cap on Abbott budgets and funding -- the sole issue on which the parties could not agree. 

The Court acknowledged ELC’s disagreement with the State’s proposed cap on Abbott district budgets and funding for FY04.  Twenty-three districts have filed appeals seeking supplemental funds over the State’s cap. 

The Court also directed the Commissioner of Education to withdraw his request to eliminate the Abbott mandates for K-12 whole school reform and supplemental programs, along with regulations that would have implemented his proposals.

Instead, the Court accepted the agreement to continue and improve implementation of whole school reform and supplemental programs, and for the Commissioner, ELC and others to reach consensus on new regulations to guide improved implementation of Abbott.

“We welcome this reaffirmation of the Court mandate for whole school reform,” Mr. Sciarra stated.  “Since 1999, many Abbott elementary schools have made solid gains in student achievement, and the mediation agreement provides a framework for building upon that success.”

Among the highlights of the agreements ordered by the Court are:

In addition, the Court directs the development of new regulations through an innovative process – called “Cooperative Rulemaking.”  A committee of key stakeholders – teachers, principals, superintendents, parents, experts and legislators -- will be formed to reach consensus on the regulations, led by a professional mediator.

“Whole school reform requires buy-in and trust among educators, parents, and the community.  Engaging stakeholders to reach consensus on effective guidelines is critical to support the hard work of improving student achievement,” said Dr. Steven Block, ELC’s Director of School Reform.

“Under Abbott, we will not just slap a “failing” label on schools, as the federal No Child Left Behind Law does,” said Mr. Sciarra.  “This Court Order ensures low performing schools have the tools necessary to improve – adequate funding, extra programs, technical assistance and expertise.  At the same time, it rewards schools already making outstanding progress,” he added.

The Abbott decisions are widely recognized as having launched a bold and unprecedented effort to improve the education of poor and at-risk urban children.  “The agreements that now must be implemented, especially Cooperative Rulemaking, mark yet another educational and legal milestone for other states to follow,” Mr. Sciarra said.  

SEE ATTACHED SUMMARY OF ABBOTT X COURT ORDER