After directing the parties in the Abbott
v. Burke case into mediation
with Appellate Judge Philip Carchman, the NJ Supreme Court
issued a ruling on June 24, 2003 that accepts agreements reached
by ELC and the NJ Commissioner of Education during the month-long
mediation process. The June 24th ruling -- "Abbott
X" -- reaffirms and improves implementation
of whole school reform and supplemental programs, both adequacy
remedies first ordered by the Court in the landmark 1998 Abbott
V decision.
The key requirements in the Abbott X ruling
are:
● Elementary schools must continue
using their whole school reform (WSR) model.
● "Low performing" elementary
schools will undergo a thorough review by a "Performance
Assessment Team," consisting of skilled educators, administrators
and parents, resulting in an agreed upon strategy for improvement.
The agreement will address all obstacles to improve student
achievement.
● "High performing" schools
may switch WSR models or use an alternate design.
● A program of whole school reform
for middle and high schools will be developed for the 2004-05
school year, and an independent evaluation of WSR will be
undertaken.
● All schools must provide needed supplemental
programs, services and positions – as mandated
by Abbott V, and as set forth in the Chart
of Supplemental Programs incorporated into the
Abbott X ruling.
ELC supports the reaffirmation of whole school
reform in Abbott
X. Since 1999, many Abbott elementary schools
have made solid
gains in student achievement, and Abbott X adjusts
the framework for whole school reform so New Jersey can build
upon that success.
Abbott X also sharply differs from the labeling
of schools under the federal No
Child Left Behind law. Abbott X ensures that New
Jersey will not simply slap a "failing" label on
schools, but instead give consistently low performing schools
the tools necessary to improve – adequate funding, extra
programs, external technical assistance and expertise. Abbott
X also identifies and rewards schools already making outstanding
progress, which NCLB does not.
The Abbott v. Burke rulings are widely recognized
as having launched a bold and unprecedented effort to improve
the education of poor and at-risk urban children. Abbott X
marks yet another educational and legal milestone that other
states can follow.
