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School Choice: New Jersey Court Hears Oral Arguments in Student Segregation Case

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the staff of the Ridgewood blog

Trenton NJ, the Mercer County Superior Court heard arguments into whether the state’s long history of segregating Black and Latino students from public schools should end.

Mercer County Superior Court Judge Robert Lougy will soon decide whether the state must create and implement a school desegregation plan, hold a trial to gather more evidence or dismiss the case entirely.

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Attorneys for nine students, their parents/guardians and a coalition of civil rights, faith, and social justice organizations argued that the state’s laws, policies, and practices that deny Black and Latino students are in direct violation of the State Constitution and have hurt hundreds of thousands of young people.

“No child should ever be hurt, but that is exactly what is happening in New Jersey because of laws and policies that segregate the public school system,” said Christian Estevez, president of the Latino Action Network, a plaintiff in the case. “Relegating Black, Latino, and low-income students to a subpar education doesn’t just impact grades and test scores, it affects their job prospects, earning potential, and college outcomes.”

The solution is School Choice ,over 70% of Americans support funding students’ education rather than public education systems, according to a new poll conducted by RealClear Opinion Research. Among a majority of respondents, 72% support school choice, according to a poll conducted by RealClear Opinion Research, which surveyed over 2,000 registered voters from Feb. 5 – 9, 2022.

Known as Latino Action Network vs. the State of New Jersey, the lawsuit specifically challenges state laws that require students to attend schools in the geographic locations where they live, denying students in lower-income, isolated areas — who are overwhelmingly Black and Latino — access to the benefits of diversity in education.

The lawsuit, filed in May 2018, cites national research that shows that segregation in the state is “among the worst in the country.” It goes on to say that “these segregative State laws, policies and practices also violate those students’ constitutional rights under other provisions of the New Jersey Constitution that prohibit racial segregation in public schools and guarantee all New Jersey residents the equal protection of the laws.”

“Attending one of the most segregated public schools in the nation is isolating, to say the least,” said Victor Rivera, 19, who has attended overwhelmingly segregated schools in the state since he was in second grade. “The State of New Jersey has lacked the moral courage to end outdated laws, policies and practices that intentionally keep Black and Latino students separated from their white peers based on where they live. Our officials are intentionally denying Black and Latino youth the educational benefits of a diverse and inclusive student body. It’s long past time for all students to be integrated and treated with equity. My zip code shouldn’t give the state a license to segregate me, period.”

In the complaint, plaintiffs argue that segregation does not only impact Black and Latino students, but white students, as well. These students face greater risks of adopting prejudicial views due to the lack of diverse interaction, creating “a two-way system of racial stereotyping, stigma, fear, and hostility that obscures individuality and denies all concerned the recognized benefits of diversity in education.”

“There’s no room in our state for policies that rob our young people, especially young Black people, of opportunities to become successful, thriving adults,” said Rev. Charles Boyer of Salvation and Social Justice, a Black faith rooted New Jersey organization supporting the case. “We must abolish state enforced zip code barriers and all policies that undergird state sponsored segregation. It’s well past time that these draconian laws and practices finally end.”

Plaintiffs are represented by Lawrence Lustberg and Ethan Kisch of Gibbons, P. C., as well as by Michael Stein and Roger Plawker of Pashman Stein Walder Hayden.

To interview plaintiffs, students, and supporters, contact sandsj@fenton.com or 201-838-5457.

Learn more about the case and read the complaint.

3 thoughts on “School Choice: New Jersey Court Hears Oral Arguments in Student Segregation Case

  1. Everyone wants a freebie. Choice is simple: move to Ridgewood and attend local school while paying for it. Or not.

  2. I fully support allowing the disadvantaged full access to Ridgewood’s schools. The diversity of lower income students would truly enrich our affluent suffering children. Moreover, I think it would be great if we can eliminate students who lack academic success from our great school system so my gifted child can truly thrive!

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  3. Anon, if you want your kids to go to school with disadvantaged kids, move to Queens. I’ve grown up there and can attest it ain’t worth it.

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