Disregarding public objections and the state legislature’s call for an independent review of the NJ Department of Education (NJDOE), Commissioner Lucille Davy pushed through a "reorganization" of the DOE at a March 7 meeting of the NJ State Board of Education. The "reorganization" abolishes the separate Abbott Division and replaces it with an "Office of Abbott Implementation" under a newly formed "Division of District and School Improvement."

In December, the legislature had refused to act on legislation, supported by Commissioner Davy, directing her to develop a new reorganization plan for NJDOE. Instead, citing widespread dissatisfaction with NJDOE performance, the legislature explicitly authorized up to $750,000 for an independent review of the Department by outside experts. The independent review is intended to assess the Department’s staffing patterns, technical resources, and overall capacity to fulfill its growing obligations under Abbott, No Child Left Behind, and related responsibilities.

The joint resolution passed overwhelmingly, 73-7 in the Assembly and 35-1 in the Senate and was signed by Governor Corzine on January 29. But to date no action has been taken to solicit bids and hire qualified experts to conduct the evaluation.

In a March 6 letter to Commissioner Davy, the Our Children/Our Schools campaign encouraged her to delay any reorganization until the independent review ordered by the legislature was completed and until the public had a chance to respond to the proposed elimination of the division charged with overseeing implementation of New Jersey’s landmark Supreme Court Abbott decisions on educational equity.

Instead, after months of rumors that changes were in the works, the Commissioner’s presented her plans to the State Board with no prior public notice or review. Despite gaps in her organizational chart and many uncertainties about the implications of the reorganization plan, the State Board approved Davy’s requests. As part of the reorganization, Willa Spicer, a former Assistant Superintendent in South Brunswick and longtime consultant to the NJDOE on assessment issues, was named Deputy Commissioner. Penelope Lattimer, former DOE chief of staff, was named Assistant Commissioner to head the new Division of District and School Improvement, which will include the Office of Abbott Implementation whose director has not yet been named. Other Assistant Commissioner positions included in the reorganization plan are Jacqueline Jones, early childhood; Barbara Gantwerk, student services; Jay Doolan, academic and professional standards; and William King, field services.

OC/OS opposes what it called a "premature internal reorganization" of the Department on several counts. In its March 6 letter to the Commissioner, OC/OS wrote:

"Your plans to make major organizational changes to the NJDOE raise two critical questions that we urge you to address publicly before moving ahead...:

• Why is the DOE reorganizing before the independent review ordered by the NJ state legislature has been initiated and completed? Joint Resolution 3, passed overwhelmingly by the legislature and signed by the Governor on January 29, calls for an independent study that would "develop recommendations for the reorganization of the department that will improve the capacity of the department to oversee the operation of school districts and to respond immediately and effectively to operational and educational issues that may arise." We believe it would be much more appropriate to complete that review prior to implementing another reorganization of the NJDOE.

• What stakeholders have been consulted about plans to dissolve the Abbott division? Many constituencies and advocates statewide have a stake in successful implement of the Abbott decisions. Public discussion and review of such a major step as "dissolving" the division charged with implementing Abbott is needed to address concerns about how a "reorganized" NJDOE would improve implementation of the Abbott mandates and regulations. These mandates and regulations remain in effect however the Department is organized. Failure to address these issues will only feed concern that dissolving the division represents a retreat from the commitments to equity and reform that Abbott represents."

The Abbott Division was first created in 2002 in an effort to improve implementation of State Supreme Court decisions that mandated funding equity and better educational programs for over 300,000 schoolchildren in the state’s poorest 31 urban districts. For the past five years, Gordon MacInnes, a former legislator who last month announced plans to resign as of March 30, has led the Division and was responsible for overseeing district and state plans for Abbott implementation. MacInnes supporters hailed his focus on intensive early literacy programs. But his many critics complained about his repeated efforts to narrow the scope of state responsibilities and reduce funding for supplemental programs provided for in Abbott. One of the "highlights" MacInnes cited in announcing his resignation was that "For the FY2007 budgets, districts that initially sought more than $600 million beyond flat funding ended up receiving just $10 million in additional aid."

Davy’s reorganization plans revived debate over whether urban school reform in NJ was best supported by building specialized capacity and programs within the NJDOE to support Abbott districts, or whether concentrating such efforts in a separate division marginalized Abbott programs and concerns. OC/OS is seeking a public discussion of these issues informed by a rigorous independent review of the Department.

Many observers expressed concern that dissolving the Abbott Division would represent a retreat from NJDOE commitments to implement the Abbott equity mandates. Others are concerned that diluting attention to Abbott will leave the Department with inadequate capacity to meet its Constitutional obligations. Moreover, stakeholders expressed concern that a decision of this importance not be left entirely to DOE "insiders" and that there should be an open public dialogue.

Notwithstanding the "reorganization," Abbott regulations and Court mandates remain in effect, as do ongoing questions about the NJDOE’s performance. In addition, the Department will continue to receive $16 million annually in Abbott funds to support Abbott management functions, funding that would otherwise go to support programs in districts and schools.

In response to the Commissioner’s actions, OC/OS reiterated its concerns over the lack of public notice and discussion and will press for an update on the status of plans for the independent review of the Department and the timetable for completing it.

Prepared: March 8, 2007