Talks fail in NJ school lawsuit
Segregation case now will advance to trial
By: Mary Ann Koruth
NorthJersey.com
USA Today Network - New Jersey
..... Mediation talks have failed to reach a solution to a landmark lawsuit alleging that segregation remains an unresolved problem in New Jersey's public schools.
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A coalition of groups, including Latino Action Network, the NAACO and private individuals, sued the state Department of Education in 2018, asking for remedies to the current system, which assigns children to school districts based on their neighborhood and ZIP code.
..... The lawsuit, was field on the grounds that the current system exacerbates segregation, despite laws that ban its practice.
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The case will now go to trial, litigated by lawyers representing the plaintiffs and the state Attorney General's office.
..... A legal solution to the problem of "de facto" segregation in cools has the potential to transform how children are matched with schools in New Jersey, where for decades municipalities have exercised local control over 600-odd school districts of varying sizes and vastly differing demographics.
..... Attorneys for the plaintiffs said out-of-court discussion with state officials failed to provide "concrete steps" that the Education Department could take for parents to be able to send their children to "an integrated school."
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"Our objective in agreeing to medicate the school segregation case," the plaintiffs' attorneys said, was to ensure that the state would "take concrete steps toward affording all children in New Jersey ,,, the opportunity to attend an integrated school that offers a high-quality education, while at the same time providing for the essential finical support and academic enhancement of all currently segregated school districts."
..... "We are disappointed that an agreement could not be reached to settle the litigation in a manner that is consistent with these objectives," they said.
..... Calling the failure of medication "unfortunate," the Murphy administration said it had "worked hard to reach an agreement" with the plaintiffs.
..... "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," the Murphy administration said in a statement.
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"We are frustrated" at the lack of a good outcome from mediation after the lawsuit had languished for five years in the courts, Javier Robles, executive director of Latino Acton Network, told NorthJersey.com .
Trump push to end diversity initiatives
..... Now the Trump administration's push to withdraw federal funding from schools and colleges that do not immediately end diversity-related programming casts even more uncertainty, he said. the federal government sent a criticized letter February 14 [2025] informing schools and colleges that they had two weeks to end all race-related practices and policies.
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"I don't think the New Jersey Department of Education can by itself fund any major programs like the ones we were envisioning with cuts to their existing programs," Robles said.
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There's a lot of unknown variables with regard to what the feds are going to do," he said. "We don't know if the Trump administration has the authority to do this. But the fact that students overall p not just those who would benefit from our lawsuit - are being threatened is problematic."
..... Plaintiffs consisting of children and their guardians, Black and Latino social justice organizations including the NAACP and Latino Action Network, two school districts at the Jersey Shore and he United Methodist Church of Greater New Jersey had sued the state on the grounds that Black, Hispanic and low-income students suffer the worst impacts of unofficial, or "de facto," segregation by income and race in public K-12 schools.
..... "Our schools should reflect the diversity of New Jersey's population, and we will continue to push for our state to live up to tis constitution," said Vivian Cox Fraser, president of the Urban League of Essex County, one of the plaintiffs.
2023 ruling agreed with many of plaintiffs; arguments
..... On October 2023, Superior Court Judge Robert Lougy issued a ruling in the suit, LAN v. New Jersey, that agreed with many, but not all, of the plaintiffs' charges. Lougy ruled that the state had indeed failed to remedy segregation in schools, but he stopped short of saying the state had violated laws and did not order changes to its residency statute.
..... The parties agreed to enter confidential mediation in November 2023, supervised by retired state Supreme Court Justice Barry Albin. that deadline was extended twice.