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In January 1997, the Abbott plaintiffs asked the Court to declare CEIFA unconstitutional for failing to achieve compliance with the Court’s prior orders.

The Court acted quickly on the motion and in Abbott IV found CIEFA unconstitutional as applied to the urban districts. First, the justices ordered parity in foundation funding for the 1997-98 school year, resulting in an immediate state aid increase of 6 million.

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The State Education Commissioner was directed to prepare and present a study of these needs, including recommendations for funding levels and a plan for program implementation.

On review of the trial court’s decision, the Supreme Court in Abbott V accepted many of the supplemental programs and reforms, and a plan to fund capital facilities improvements, recommended by the remand judge.

The agreement also established a “cooperative rulemaking” process to develop new rules for implementation of the Abbott remedies, along with a “work group” to design the formal evaluation of the mandated reforms.

The agreements reached in mediation were then approved and ordered by the Court.

The Court ordered this new funding mechanism be in place for the following school year, 1991-92.