Monday, October 14, 2013
Friday, the UCLA Civil Rights Project and the Institute on Education Law and Policy at Rutgers University-Newark jointly released two reports on school segregation in New Jersey. The first by the Civil Rights Project tracks racial imbalance in New Jersey's schools from 1989 to 2010, finding increasing levels of imbalance over time. The second report by the Institute on Education Law focuses on the most heavily segregated schools in the state. It finds several urban areas in the state with schools that "enroll virtually no white students but have a high concentration of poor children." These schools, however, "are located in close proximity to overwhelmingly white suburban school districts with virtually no poor students."
This second report, unlike many of the past, goes one step further to analyze the legal implications of this hyper segregation, arguing that it violates the state's constitution. New Jersey's education clause is one of the strongest in the nation and has been used in the Abbott v. Burke litigation to ensure one of if not the highest funded and most progressive school finance formulas in the country. Less tested is the state constitution's prohibition on segregation. For years, scholars have suggested that New Jersey would make a good state to replicate the strategy of Sheff v. O'Neill, in which the Connecticut Supreme Court held that its state constitution prohibited school segregation, even where the segregation was unintentional.
These two reports should turn up the heat on the state by focusing on it specifically and suggesting a legal battle may be coming.