Newark, New Jersey - September 22, 2005

ELC asking stakeholders and advocates to join in calling on Acting Commissioner Lucille Davy to circulate the latest draft of the FY2006 Abbott regulations to obtain more input from the public, and to work to reach consensus on the rules with key stakeholders before adopting them.

Numerous Abbott school districts, the New Jersey Education Association, the Association for Children of New Jersey, Paterson Education Fund and other groups have expressed serious concerns about a draft of the rules prepared in August by Gordon MacInnes, Acting Commissioner for Abbott Implementation. Education Law Center (ELC), as Abbott counsel, submitted a separate set of draft of the FY2006 Abbott regulations several weeks ago, asking that the ELC alternative rules be adopted instead of those proposed by the NJ Department of Education.

ELC and the other groups and advocates have expressed concern that the DOE proposal is confusing and disjointed, so much so that end-users -- parents, teachers and advocates – will have problems even comprehending them. In addition, the groups want Assistant Commissioner Davy to:

• Reinsert key provisions from the last year's regulations pertaining to preschool, supplemental programs, whole school reform and school intervention, as necessary to ensure compliance with the Abbott rulings;
• Restore the requirement in prior year regulations for separate Abbott implementation plans and budgets for the district-wide preschool program, and K-12 foundational education and supplemental programs at the school and district level;
• Restore provisions requiring NJDOE accountability and fostering parent and community involvement and engagement in districts and schools;
• Add and revise several critical definitions to conform to prior regulations;
• Restructure several sections in order to make the rules coherent and more easily comprehensible to diverse groups and stakeholders.

Advocates and those concerned about improving instruction and learning in Abbott schools are urged to immediately contact Education Acting Commissioner Lucille Davy and ask that the public be given another opportunity to review the draft rules and provide further input.