19-02-2025
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.
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