New Jersey Supreme Court Orders Mediated Agreement in Abbott

Early this year, the New Jersey Department of Education (DOE) applied to the state supreme court for a one-year extension to the one-year relaxation of Abbott remedies granted in 2002 (Abbott IX) and applied for flexibility to change the programs adopted by schools in the Abbott districts. The court ordered the parties, DOE and the Education Law Center, which represents the students in the Abbott districts, to mediation.

On June 24, 2003, the court approved the mediated agreement and ordered the parties to follow its provisions, which include strategies for low-performing schools, K-12 whole school reform, and development of "a prospective evaluation of programs and reforms in improving student achievements in the Abbott districts." The court further ordered oral argument on July 10, 2003 on the one issue on which the parties did not reach agreement, the DOE's application to extend the one-year relaxation of remedies.

The long-running Abbott v. Burke case in New Jersey has resulted in significant funding commitments and programmatic reforms in the 30 high-poverty school districts, which educate nearly 25% of the state's students.

Now that certain reforms have been in place for a few years, the debate has begun as to their effectiveness - although implementation of some reforms, such as building renovation and construction, is moving extremely slowly. Unfortunately, the state's preceding DOE administration thwarted the collection of the data necessary for analysis of program effectiveness. The June 24 court order calls for design of an evaluation system and a time line for implementation.

Prepared June 29, 2003