Lawsuit seeks vouchers in New Jersey
08/08/06 -- The parents of 12 New Jersey students have filed a class action lawsuit seeking public funding to transfer from low-performing public schools to public or private schools with higher academic achievement. The suit is backed by pro-voucher groups that receive funding from national organizations.
The suit, Crawford v. Davy, was filed July 13 in Superior Court in Newark against the New Jersey State Board of Education, Education Commissioner Lucille Davy, other state officials, and 25 local school boards.
The plaintiffs all attend schools deemed “in need of improvement” under the No Child Left Behind Act. They argue their children’s performance on state tests shows that New Jersey is failing to provide all students with a “thorough and efficient education” as mandated by the state constitution.
The lead plaintiff, Van-Ness Crawford, is a widower with triplet sons who attend Malcolm X. Shabazz High School in Newark.
The suit seeks to end school assignments that are based on students’ residence. Instead, they want families to receive a share of the public money used for their children’s education, which can they spend on private school tuition.
The suit was spearheaded by Excellent Education for Everyone, known as E3, a statewide nonprofit organization funded by national pro-voucher groups.
The New Jersey School Boards Association “opposes the use of public funds for non-public schools through any method, including vouchers,” said spokesperson Frank Belluscio. “Clearly, on a policy basis we would oppose the position of the plaintiffs in this matter.” The association might file an amicus brief if it is requested to do so by a local school board.
For the Orange school district, one of the defendants, the suit presents some special challenges. Reginald Jackson, a member of the Orange school board, also is president of the Black Ministers’ Council.
Orange Superintendent Nathan Parker called the suit “misplaced,” because the district has made strong gains in student achievement and already offers public school choice as part of a small learning communities program.
In addition, he said, “There is no evidence that vouchers will result in an improvement in education for urban youth.”
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