August 9, 2005 -- Newark, NJ

Superior Court Judge Neil Schuster has ordered the NJ Department of Education to prepare a plan for Department’s Abbott Division to manage implementation of the reforms mandated by the landmark Abbott v. Burke rulings. The plan must be prepared "within forty-five (45) days" and must cover 2006 and 2007.

The order was issued in a lawsuit filed by ELC, on behalf of the Abbott school children. The lawsuit sought to enforce a provision in last year’s Abbott regulations requiring the NJDOE to prepare a "three year plan for the transformation of the [Abbott] Division to enable it to successfully lead the State’s efforts to improve teaching and learning in the Abbott school districts."

In his ruling, Judge Schuster rejected the NJDOE argument that, even though the plan was not done last year, the case should be dismissed because the regulation requiring the management plan expired June 30th. Considering "the public interest and constitutional mandate of the Abbott line of cases," Judge Schuster wrote, "it seems anomalous to allow the Commissioner to promulgate regulations requiring a three-year plan and then ignore such regulations by failing to create such a plan and then let such regulations expire. This would seem to be the antithesis of what our Supreme Court has held over the long years of Abbott..."

Judge Shuster’s order directs NJDOE to prepare the plan "pursuant to NJ Administrative Code 6A:10-4.1(b)". Under this rule, the plan must:

• address the "recruitment, retention, professional development, and effective deployment of [Abbott] Division staff and consultants"
• include "annual goals and objectives with benchmarks to permit assessment of progress" in implementing Abbott
• provide an estimated budget to carry out all the Division’s responsibilities

In formulating the plan, the NJDOE is required to "solicit the advice of Abbott stakeholders" and the final plan must be approved by the Commissioner and disseminated to "interested parties."

"We applaud Judge Schuster’s ruling," said ELC staff attorney Koren Bell. "A plan and budget is essential for building public confidence and engaging stakeholders in the historic effort to improve education in our high poverty urban schools," Ms. Bell added. "It will also assist in holding State education officials accountable for performance."

This year’s State budget again transfers $14.686 million in Abbott remedy funds to the Department for "the purpose of managing and supervising implementation of the Abbott remedies."

Judge Shuster's ruling is believed to be the first in the nation holding a state education agency (SEA) directly accountable for managing local district and school reform efforts and to improve the education of students in high poverty communities.

Related Story: ELC Sues NJDOE for Having No Plan to Manage Abbott