Education Law Center seeks to join lawsuit alleging segregation in NJ's public schools

A K-12 advocacy organization credited with a groundbreaking legal victory that ordered the state to provide funding for some of New Jersey's poorest urban school districts is supporting a lawsuit alleging that the state's public schools are unofficially segregated.

The Newark-based Education Law Center has asked state courts for permission to join Latino Action Network, the NAACP and several other plaintiffs in the lawsuit, initially filed in 2018, which challenges New Jersey's existing system of assigning students to neighborhood schools based on ZIP codes and residential addresses.

The suit argues that the decades-old tradition has exacerbated segregation by race, ethnicity and poverty in New Jersey's nearly 600 school districts.

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The court is expected to issue an order granting or denying permission for the Education Law Center to join the suit by Jan 5.

The center filed petitions Nov. 20 and Dec. 1, referring to its 50 years conducting "impact litigation" and "representing children in high-poverty school districts" in the groundbreaking Abbott v. Burke case, Executive Director Robert Kim said in his letter to the courts asking to join Latino Action Network in its case against the state.

New Jersey 'complicit' in school segregation, suit argues

"The State has been complicit in the creation and persistence of school segregationbecause it has adopted and implemented laws, policies, and practices that require, with very limited exceptions, students to attend public schools in the municipalities where they live," plaintiffs Latino Action Network, the NAACP, the Latino Coalition of New Jersey, the Urban League of Essex County and the United Methodist Church of New Jersey, along with several minor children and their guardians, said in the legal complaint filed against the Department of Education, the State Board of Education and the acting education commissioner.

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"This municipally-based system of school districts interacts with longstanding State practices that have fostered and enabled residential segregation to institutionalize school segregation," they argued.

Judge says NJ failed to address school segregation

State Superior Court Judge Robert Lougy in Mercer County ruled in October that the Education Department had indeed failed to address segregation in schools, but his judgment did not disband the current system of assigning children to schools or deem the current system illegal.

He ordered parties on both sides to try to arrive at a solution through a confidential mediation process in December. A progress report was required to be submitted Dec. 16. Lawrence Lustberg, attorney for Latino Action Network, did not reply to a request for comment on the outcome of the mediation.

This article originally appeared on NorthJersey.com: Education Law Center seeks to join NJ school segregation lawsuit

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