New Jersey Supreme Court Orders Mediation in Ongoing Abbott Proceedings

As reported by the Education Law Center (ELC), a New Jersey Supreme Court Judge has appointed a special master, Appellate Judge Richard Williams, to serve as a mediator between ELC and the New Jersey Education Commissioner William Librera. The decision comes in response to ELC’s request for court mediation following Librera’s motion to alter New Jersey’s court-mandated school reform plan.

The decision is the latest in the ongoing Abbott v. Burke case, which was originally filed in 1981 and has since witnessed ten separate decisions. Plaintiffs in the case have, over the years, won a comprehensive set of programs and reforms for students in poor and urban districts in the state. A decision in 2003 (Abbott X) reflected an agreement by the parties to modify implementation of the reforms by, among other things, providing for the identification of and assistance for low performing schools. In a recent motion to the court, the New Jersey Commissioner of Education sought to change the agreement in certain ways, including redefining “low performing schools.” Judge Williams will mediate the issues arising out of the Commissioner’s motion.

This news comes shortly after it was reported that students in the Abbott districts are continuing to make remarkable progress in test scores, a change that many attribute to the remedies ordered by the Abbott decisions. Complete information on trial proceedings may be found at the Education Law Center’s website.

Prepared November 15, 2004