NJ Commissioner of Education William Librera has delayed adoption of the 2006 Abbott regulations in response to concerns raised by Education Law Center, Abbott Districts, New Jersey Education Association, Paterson Education Fund and other groups and advocates.

In late June, Assistant Commissioner Gordon MacInness circulated draft regulations to govern Abbott implementation in the 2005-06 school year, to be adopted in early July. In successive State budgets since 2002, the Legislature has given the Commissioner sole power to adopt the Abbott rules on annual basis, without any public notice or opportunity for input.

ELC's analysis of the draft rules identified serious violations of the Abbott NJ Supreme Court's Abbott v. Burke rulings, including the elimination of all K-12 supplemental programs and services. ELC also urged Commissioner Librera not to adopt the rules until they can be revised to address these serious deficiencies. Other education organizations and advocates joined in the call for the rules to be rewritten to comply with Abbott.

In a July 20th letter sent to ELC, Mr. MacInnes states that "in response to some of [the ELC] criticisms" of the draft regulations, he will propose "clarifying language that may resolve the issues" in the hopes that "we can avoid....litigation" over the rules. The letter contains a point-by-point reply to the issues raised by ELC.

"ELC is always ready to work with the Commissioner to ensure the Abbott rules comply with the Supreme Court's rulings and reflect proven education policy and practice," said David Sciarra, ELC Executive Director and Abbott Counsel.

Education groups and advocates should continue to urge Commissioner William Librera rewrite the regulations to comply with the Abbott rulings, seek input from stakeholders, and attempt to reach consensus on the rules before they are adopted.

For more information, contact ELC Attorney Koren Bell, at 973-624-1815, ext. 27, or e-mail at kbell@edlawcenter.org.

Prepared: August 4, 2005