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Yahoo
02-06-2025
- General
- Yahoo
New Jersey asks appellate court to deny school desegregation case appeal
Nonprofits and a group of public school parents argue that the state's school system is unconstitutionally segregated. (Courtesy of the New Jersey Governor's Office) Attorneys for the state of New Jersey want an appellate court to deny a request by nonprofit groups and several public school families who want the court to hear their case that New Jersey schools are unconstitutionally segregated along racial and socioeconomic lines. In a 46-page brief filed last week, the state's attorneys argue that it is premature for the appellate division to hear the case because a trial judge overseeing the dispute has not issued a final order. The record before the trial judge is too limited, and an appellate court weighing in now would result in 'piecemeal review,' the state argues. 'There is no grave damage or injustice necessitating immediate appellate review,' the state said. The case, filed in 2018 by Latino Action Network and the statewide NAACP, among others, alleges that school district boundaries tied to municipalities exacerbate de facto segregation across schools. They cited a UCLA study that found New Jersey had the seventh most segregated school system, with nearly half of all Black and Latino students in New Jersey attending schools that are more than 90% non-white, schools that are often mere blocks from predominately white districts. The plaintiffs note that the state has a constitutional duty to provide students with a 'thorough and efficient' education. In October 2023, a state superior court judge ruled that the plaintiffs demonstrated a 'marked and persistent racial imbalance' in public schools, but said the lack of data did not prove their sweeping claim that the system is 'unconstitutionally segregated because of race or ethnicity.' He declined the plaintiffs' request for an immediate ruling. The plaintiffs appealed. In Wednesday's filing, the state criticizes the plaintiffs for failing to show what desegregation would look like or offering any 'practical solution.' The state's recent filing came one day after the New Jersey Policy Institute, a nonprofit think tank that supports school choice, filed a 20-page motion in the case arguing in favor of expanding a state program that allows students to attend schools outside of their hometowns. Enrollment in the program has been virtually frozen since 2015. Lifting that freeze would be a cost-effective way to increase racial diversity and would not require any significant additional administration, they said, adding that districts could be incentivized to participate. The program offers a 'ready-made solution that can be implemented almost immediately,' according to the institute, which says more than 2,000 students are currently on waitlists. And school choice expansion could help integrate schools more quickly than redistricting, according to the brief. 'The state has already built the infrastructure. All that's left is to unfreeze it,' the brief states. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
19-02-2025
- Politics
- Yahoo
School segregation lawsuit headed back to court after mediation fails
A coalition of advocacy groups and parents sued the state in 2018 alleging there is de facto segregation in New Jersey's public school system. (Courtesy of the New Jersey Governor's Office) A closely watched lawsuit challenging what the plaintiffs say is widespread segregation in New Jersey schools is heading back to court after mediation talks between the two sides broke down. An attorney for the plaintiffs said in a Tuesday court filing that after 15 months of negotiations, 'it no longer appears likely that further mediation will be constructive.' Little is known about the mediation discussions due to confidentiality agreements. Now, the families and coalition of advocates who filed the lawsuit against the state have until April 15 to file a motion to appeal a court ruling from October 2023 that did not go plaintiffs' way. Lawrence Lustberg, attorney for the plaintiffs, said while they are disappointed no agreement could be reached, they plan to return to court. 'A court judgment is now the surest way to achieve a remedy for this unacceptable reality, in which hundreds of thousands of the state's children attend school in segregated settings. This lawsuit seeks to secure the educational future of New Jersey children. They deserve nothing less,' he said in a statement. The case began in 2018, when Latino Action Network and the NAACP led a coalition of advocacy groups and parents to file suit against the state alleging there is de facto segregation in New Jersey's public school system, violating the state Constitution and depriving students of their right to a thorough and efficient education. Students in New Jersey are required to attend schools in the municipality where they live, which the plaintiffs claim leads to segregated schools due to a history of residential segregation and discriminatory housing policies. New Jersey ranked sixth across the country for the most segregated school system for Black students, and seventh for Latino students, according to a 2017 report from UCLA's Civil Rights Project. While the plaintiffs highlighted several districts where non-white enrollment is between 90% and 99%, the state argued segregation in some districts didn't amount to a violation. The state Board of Education and state Department of Education are also named as defendants. Superior Court Judge Robert Lougy released a long-awaited decision in 2023 that agreed with plaintiffs that there is a 'marked and persistent racial imbalance' in New Jersey schools, but said plaintiffs failed to prove the school system is 'unconstitutionally segregated because of race or ethnicity.' Javier Robles, president of the Latino Action Network, said the plaintiffs will 'continue to pursue every option to end the disgraceful legacy of segregation in New Jersey schools.' 'In New Jersey, too many students are being denied a 'thorough and efficient' education as a result of segregation policies. The NAACP New Jersey State Conference will not rest until these policies in New Jersey schools have been eradicated, no matter the length of our journey,' said Richard T. Smith, president of the NAACP's New Jersey chapter. Tyler Jones, a spokeswoman for Gov. Phil Murphy, said the state 'worked hard to try to reach a resolution.' 'While the parties return to the litigation, the state remains steadfast in its efforts to provide the most robust educational opportunities possible for all students and continues to be open to reaching a mutual resolution of the matter,' she said. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
