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
Student Achievement Webinar
Student Success Strategies: Flexibility, Recovery & More
Join us for Student Success Strategies to explore flexibility, credit recovery & more. Learn how districts keep students on track.
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
Artificial Intelligence Webinar
Shaping the Future of AI in Education: A Panel for K-12 Leaders
Join K-12 leaders to explore AI’s impact on education today, future opportunities, and how to responsibly implement it in your school.
Content provided by Otus
Student Achievement K-12 Essentials Forum Learning Interventions That Work
Join this free virtual event to explore best practices in academic interventions and how to know whether they are making a difference.

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 8 States Sue Trump Administration for Cuts to Teacher-Training Grants
Lawsuit claims Trump’s education cuts will worsen teacher shortages in STEM, special ed, and bilingual programs.
Jaweed Kaleem
6 min read
California Attorney General Rob Bonta speaks at a press conference to announce a lawsuit against the Trump administration over budget cuts to teacher training funds at the Ronald Reagan Federal Building on March 6, 2025, in Los Angeles.
California Attorney General Rob Bonta speaks at a press conference to announce a lawsuit against the Trump administration over budget cuts to teacher training funds at the Ronald Reagan Federal Building on March 6, 2025, in Los Angeles.
Juliana Yamada/Los Angeles Times via TNS
Law & Courts Nation's Largest Teachers' Union Sues Education Department Over DEI Threats
It's the second lawsuit to challenge the guidance that seeks to end diversity, equity, and inclusion in schools.
4 min read
Education Secretary Linda McMahon, left, greets Sen. Katie Britt, R-Ala., before President Donald Trump addresses a joint session of Congress at the Capitol in Washington, Tuesday, March 4, 2025.
Education Secretary Linda McMahon, left, greets Sen. Katie Britt, R-Ala., before President Donald Trump addresses a joint session of Congress at the Capitol in Washington, Tuesday, March 4, 2025. The National Education Association and ACLU are suing the U.S. Department of Education over its letter seeking to end race-based programming in schools.
Ben Curtis/AP
Law & Courts Supreme Court Won't Take Up Case on Schools' Bias-Response Policies
Over the dissents of two justices, the U.S. Supreme Court declined to weigh a case about educational institutions' bias-reporting policies.
3 min read
Students walk to class on the Indiana University campus, Oct. 14, 2021, in Bloomington, Ind.
The U.S. Supreme Court on March 3 declined to take up a challenge to the bias-response policy of Indiana University, including at its Bloomington campus shown above.
Darron Cummings/AP
Law & Courts Schools May Get Relief From Overcharges After Supreme Court Ruling on E-Rate
The ruling potentially bolsters schools that have been overcharged by telecommunications companies.
5 min read
The Supreme Court building is seen on June 13, 2024, in Washington.
The U.S. Supreme Court, seen here on June 13, 2024, on Feb. 21 issued a ruling that means private whistleblowers may pursue lawsuits alleging fraud under the federal E-rate program that provides internet connections to schools.
Mark Schiefelbein/AP