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Latino Action Network v. New Jersey

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Latino Action Network v. New Jersey
CourtNew Jersey Superior Court
Mercer County, New Jersey Superior Court
Full case name Latino Action Network et al. v. The State of New Jersey et al.
Court membership
Judge sittingRobert Lougy

Latino Action Network v. New Jersey is a lawsuit filed on May 17, 2018, on the anniversary of Brown v. Board of Education which claims that the State of New Jersey provides separate and unequal schools to minority children in violation of their constitutional rights and that there is segregation in New Jersey public schools.

The state's largest teachers union, the New Jersey Education Association, supports the case.[1]

History and current procedural status

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In April 2019, it was reported that settlement talks had broken down.[2]

In March 2022, Judge Robert Lougy held a hearing in the matter and, as of October 2022,[needs update] the parties await a ruling.[3][4][5]

Lawyers

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The plaintiffs are represented by Gary Saul Stein's son, Michael Stein of Pashman Stein Walder Hayden in Hackensack, New Jersey, as well as by Lawrence Lustberg of Gibbons in Newark.[6] Lustberg helped lead Governor Phil Murphy's transition team on law.[7]

Plaintiffs

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The suit was filed on behalf of the NAACP New Jersey State Conference, the Latino Coalition, Latino Action Network, Urban League of Essex County, the United Methodist Church of Greater New Jersey, and nine children who attend school in segregated school districts.[6]

Gary S. Stein, father of plaintiffs' attorney Michael Stein and former associate justice of the New Jersey Supreme Court, and Ryan Haygood, an alum of Murphy's transition team, recently helped form the New Jersey Coalition for Diverse and Inclusive Schools, to help orchestrate the case.[8][9]

One of the child plaintiffs is the son of Murphy transition team member Jon Whiten.[10][11]

Chris Estevez, also an alum of Murphy's transition team as a union representative, additionally helps lead the case as president of the Latino Action Network.[12][13]

Plaintiffs' arguments

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The complaint argues that the state "has been complicit in the creation and persistence of school segregation" by adopting policies that "deny an alarming number of Black and Latino students the benefits of a thorough and efficient education."[14]

They also assert that charter schools in New Jersey are as segregated as "the most intensely segregated urban public schools," if not more so segregated.[15]

Proposed remedies

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Some, such as Senator Ronald Rice, have suggested forced busing as a remedy to the segregation in 2019. Others have suggested countywide school districts as a remedy.[16]

Concerns

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Busing and merger

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Some, such as Minority Leader Jon Bramnick, have expressed concerns that the desegregation suit could lead to forced merger of school districts, forced desegregation busing, and forced lottery systems whereby children would not be permitted to attend their neighborhood school.[17]

Racial categorization controversy

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The plaintiffs' lawsuit asserts that NJ schools are "segregated" because of a concentration of African-American and "Latino" children in certain districts, with very few "white" students. Over 65% of U.S. Latinos, however, identify as "White." Just over 2% identify as "Black." The remainder identify as some other race or two or more races.[18]

In 2019, the conservative Pacific Legal Foundation filed a federal lawsuit arguing that Connecticut's magnet schools are discriminatory by capping the enrollment of black and Hispanic students in magnet schools at 75%, while no less than 25% of students were permitted to be white or Asian.[19]

See also

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References

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  1. ^ O'Dea, Colleen (May 20, 2018). "New Jersey hit with major lawsuit arguing it must end school segregation". WHYY. Archived from the original on July 4, 2018. Retrieved July 15, 2018.
  2. ^ "Settlement Talks Break Down in School Desegregation Lawsuit | New Jersey Law Journal". Archived from the original on February 21, 2021. Retrieved April 10, 2019.
  3. ^ Wildstein, David (March 7, 2022). "Bramnick backs constitutional amendment that require students to attend hometown school". New Jersey Globe.
  4. ^ "School segregation challenge hinges on definition of 'segregation'". Retrieved August 10, 2023.
  5. ^ "Will New Jersey desegregate its schools? Ruling in 2018 lawsuit expected". North Jersey Media Group.
  6. ^ a b "NJ Coalition for Diverse & Inclusive Schools". Archived from the original on July 18, 2018. Retrieved July 18, 2018.
  7. ^ "Murphy releases full transition team membership". ROINJ. November 20, 2017. Archived from the original on July 13, 2018. Retrieved July 15, 2018.
  8. ^ Levine, Carolia (May 21, 2018). "Nonprofit Coalition Sues to Desegregate New Jersey Schools". Nonprofit Quarterly. Archived from the original on June 14, 2018. Retrieved July 15, 2018.
  9. ^ Khemlani, Anjalee (November 13, 2017). "Committee co-chairs on Murphy's transition team are a diverse lot". ROI-NJ. Archived from the original on July 20, 2018. Retrieved July 15, 2018.
  10. ^ "Jon Whiten – New Jersey Policy Perspective -". www.njpp.org. Archived from the original on June 14, 2018. Retrieved June 14, 2018.
  11. ^ "How segregated are New Jersey's schools and what can be done about it?". North Jersey Media Group. Retrieved August 10, 2023.
  12. ^ Keough, Lee (March 3, 2016). "Profile: A Latino Advocate with a Family Legacy of Revolution and Activism". NJ Spotlight. Archived from the original on February 21, 2021. Retrieved July 15, 2018.
  13. ^ Otterman, Sharon (May 17, 2018). "New Jersey Law Codifies School Segregation, Suit Says". The New York Times. Archived from the original on February 21, 2021. Retrieved July 15, 2018.
  14. ^ Toutant, Charles (May 17, 2018). "Suit Aimed at Ending NJ School Segregation Targets Role of Charter Schools". New Jersey Law Journal. Archived from the original on July 10, 2018. Retrieved July 15, 2018.
  15. ^ "Suit Aimed at Ending NJ School Segregation Targets Role of Charter Schools". New Jersey Law Journal. Retrieved August 10, 2023.
  16. ^ "Group May Head Back to Court over Lack of NJ School Desegregation - NJ Spotlight". Archived from the original on March 21, 2019. Retrieved April 6, 2019.
  17. ^ Clark, Adam (May 29, 2018). "Will my child be forced to switch schools? What you need to know about desegregation suit". NJ.com. Archived from the original on June 14, 2018. Retrieved July 15, 2018.
  18. ^ Source: CNN Fast Facts: Hispanics In the US (3/22/2018) https://www.cnn.com/2013/09/20/us/hispanics-in-the-u-s-/index.html Archived July 21, 2018, at the Wayback Machine
  19. ^ Cohen, Rachel M. (February 11, 2019). "A Lawsuit Threatens a Groundbreaking School-Desegregation Case". The Nation. ISSN 0027-8378. Archived from the original on February 21, 2021. Retrieved March 27, 2019.
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