Law & Courts

Choice Advocates Seek Vouchers as Remedy for N.J. Students in Low-Performing Schools

By David J. Hoff — July 13, 2006 2 min read
  • Save to favorites
  • Print

In what they are calling a national test case, voucher proponents have launched an effort to use school choice as a remedy for students in 97 New Jersey schools that have failed to provide the “thorough and efficient” education guaranteed by the state’s constitution.

Eschewing the traditional solution of adding money to public schools, the Alliance for School Choice and three New Jersey-based groups filed a class action on July 13 in state superior court in Newark demanding that students in the schools receive vouchers to attend a public or private school of their choice, including religious schools. The lawsuit also would seek to revoke mandatory attendance boundaries in the state.

Clint Bolick

The choice measures would provide “immediate and meaningful relief” from the inadequate education provided to the 60,000 students attending the 97 schools cited in the lawsuit as failing, said Clint Bolick, the president and general counsel of the Alliance for School Choice, a Phoenix-based legal advocacy group.

“It immediately allows students to leave failing schools for good ones and at the same time creates pressure for accountability for public schools,” Mr. Bolick said in an interview before filing the lawsuit.

Mr. Bolick added that the New Jersey lawsuit will be a “national test case” for voucher advocates’ efforts to redirect long-running efforts by education advocates to use state constitutions’ education clauses to win increased financing for public schools.

New Solution to Old Problem

In a series of school finance lawsuits over the past 30 years, New Jersey courts have mandated remedies such as increased spending, mandatory preschool, schoolwide curricula, and state-financed school construction in the state’s poorest districts. Courts in Kansas, Kentucky, New York, and several other states also have sided with plaintiffs who have argued that the states inadequately finance their schools.

“Not a lot of those states have much to show for that massive funding effort,” Mr. Bolick contends. “In the meantime, kids continue to languish in failing schools.”

New Jersey-based groups participating in the lawsuit are the Black Ministers’ Council of New Jersey, in Orange, the Latino Leadership Alliance, in New Brunswick, and Excellent Education for Everyone, which has offices in Camden and Newark.

The 97 schools cited in the lawsuit either have at least half of their students failing to meet the state’s standards in language arts and mathematics or 75 percent of their students falling short of the standards in one of those subjects.

Those schools are in 25 districts throughout the state. The 40,000-student Newark Public Schools has 24 schools identified in the lawsuit-the most of any district.

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
College & Workforce Readiness Webinar
Smarter Tools, Stronger Outcomes: Empowering CTE Educators With Future-Ready Solutions
Open doors to meaningful, hands-on careers with research-backed insights, ideas, and examples of successful CTE programs.
Content provided by Pearson
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Reading & Literacy Webinar
Improve Reading Comprehension: Three Tools for Working Memory Challenges
Discover three working memory workarounds to help your students improve reading comprehension and empower them on their reading journey.
Content provided by Solution Tree
Recruitment & Retention Webinar EdRecruiter 2026 Survey Results: How School Districts are Finding and Keeping Talent
Discover the latest K-12 hiring trends from EdWeek’s nationwide survey of job seekers and district HR professionals.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Judge Ends School Desegregation Order at Trump Administration's Request
The decision ends decades of federal oversight to ensure schools' compliance with the order to desegregate.
Patrick Wall, The Times-Picayune | The New Orleans Advocate
4 min read
Louisiana Attorney General Liz Murrill speaks during a press conference on Monday, Aug. 5, 2024, in Baton Rouge, La. Murrill teamed up with the Trump administration to ask a judge to end a decades-old desegregation order under which the state's DeSoto Parish Schools were under federal oversight.
Louisiana Attorney General Liz Murrill speaks during a press conference on Monday, Aug. 5, 2024, in Baton Rouge, La. Murrill teamed up with the Trump administration to ask a judge to end a decades-old desegregation order under which the state's DeSoto Parish Schools were under federal oversight.
Hilary Scheinuk/The Advocate via AP
Law & Courts Appeals Court Blocks Ruling Bolstering Parental Rights Over Gender Identity
A federal appeals court blocked a groundbreaking ruling over the disclosure of students' gender identities.
4 min read
Students carrying pride flags and transgender flags leave Great Oak High School on Sept. 22, 2023, in Temecula, Calif., after walking out of the school in protest of the Temecula school district policy requiring parents to be notified if their child identifies as transgender.
Students carrying pride flags and transgender flags leave Great Oak High School on Sept. 22, 2023, in Temecula, Calif., after walking out of the school in protest of the Temecula school district policy requiring parents to be notified if their child identifies as transgender. But many districts in California follow a state policy limiting when schools can inform parents about a student's gender identity without the student's consent.
Anjali Sharif-Paul/The Orange County Register via AP
Law & Courts Teachers' Union Sues Texas for Probing Teachers' Charlie Kirk Posts
Teachers' free speech rights were violated by the state agency, the lawsuit alleges.
Turning Point USA Founder Charlie Kirk speaks during a campaign rally, Oct. 24, 2024, in Las Vegas.
Turning Point USA Founder Charlie Kirk speaks during a campaign rally, Oct. 24, 2024, in Las Vegas.
John Locher/AP
Law & Courts Appeals Court Halts Ruling Letting Teachers Disclose Students' Gender Identity
A federal appeals court has temporarily paused enforcement of the ruling but has not yet decided whether to grant a longer-term stay.
Kristen Taketa, The San Diego Union-Tribune
3 min read
Students carrying pride and transgender flags leave Great Oak High School in Temecula, Calif., on Sept. 22, 2023, after walking out of the school in protest of the Temecula school district policy requiring parents to be notified if their child identifies as transgender.
Students carrying pride and transgender flags leave Great Oak High School in Temecula, Calif., on Sept. 22, 2023, after walking out of the school in protest of the Temecula school district policy requiring parents to be notified if their child identifies as transgender.
Anjali Sharif-Paul/The Orange County Register via AP