June 5, 2025 Story by: Publisher
New Jersey, state attorneys have filed a brief urging the appellate court to reject an appeal by plaintiffs who allege that the state’s public school system remains unconstitutionally segregated along racial and socioeconomic lines.
Background of the Lawsuit
The lawsuit, initiated in 2018 by organizations including the Latino Action Network and the NAACP New Jersey State Conference, contends that New Jersey’s school district boundaries, which align with municipal lines, have led to significant racial and socioeconomic segregation. The lawsuit includes the Latino Coalition; Urban League of Essex County.
A study by the UCLA Civil Rights Project highlighted that nearly half of Black and Latino students in New Jersey attend schools where over 90% of the student body is non-white.
In October 2023, a state superior court judge acknowledged a “marked and persistent racial imbalance” in the state’s public schools but concluded that the existing data did not conclusively prove that the system is unconstitutionally segregated. The plaintiffs subsequently appealed, seeking a definitive ruling on the state’s liability.
State’s Position and Legal Arguments
In a 46-page brief filed last week, state attorneys argued that the appellate court should deny the appeal, asserting that the case is not yet ripe for appellate review due to the absence of a final order from the trial court. They contended that an immediate appellate review would result in a “piecemeal review” and that there is no “grave damage or injustice necessitating immediate appellate review.”
The state’s legal team also criticized the plaintiffs for not providing a clear and practical solution for desegregation, emphasizing the complexity of implementing such remedies without a comprehensive plan.
Policy Proposals and Advocacy
Amid the legal proceedings, the New Jersey Policy Institute (NJPI), a nonprofit think tank advocating for school choice, filed an amicus brief supporting the expansion of the state’s Interdistrict Public School Choice Program.
This program, which allows students to attend schools outside their home districts, has been virtually frozen since 2015. NJPI argues that lifting the freeze could serve as a cost-effective and immediate remedy to increase racial diversity in schools without imposing significant administrative burdens. They noted that over 1,000 students are currently on waiting lists for the program.
Clarification on Home Rule Concerns
Addressing public concerns, plaintiffs’ attorneys have clarified that the goal of the lawsuit is not to revoke New Jersey’s home rule law, which grants municipalities control over local affairs, including education. Instead, they seek to address systemic issues that perpetuate segregation, emphasizing that any proposed remedies would respect local governance structures while promoting equity in education.
Nature Scientific Report
A recent study published in Scientific Reports introduces a novel approach to tackling school segregation in the United States. Researcher Tyler Simko employs Markov Chain Monte Carlo algorithms, traditionally used in legislative redistricting, to propose new school district boundaries aimed at reducing racial and economic segregation.
Focusing on New Jersey—a state noted for its high levels of segregation between Black and Hispanic students and their White and Asian counterparts—the study finds that redrawing district lines could decrease segregation by over 40% in the median county.
This contrasts sharply with the less than 5% reduction achieved by merely adjusting attendance zones within existing districts. Importantly, the proposed boundary changes maintain key factors such as proximity to schools and existing infrastructure. The methodology also offers potential for application in district consolidations, providing a data-driven framework for policymakers seeking to promote educational equity.
Implications and Next Steps
The outcome of this case could have significant implications for educational equity in New Jersey and potentially set a precedent for other states grappling with similar issues. As the appellate court considers the state’s request to deny the appeal, stakeholders on all sides await a decision that could shape the future of school integration efforts in the state.
Source: Chalk Beat / Insider NJ / New Jersey Monitor
