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

Teaching Profession K-12 Essentials Forum Supporting the New K-12 Workforce: What Teachers Need to Stay at School
 Join this free virtual event to discover what teachers say they need to feel supported to stay in classrooms for the long haul.
College & Workforce Readiness K-12 Essentials Forum Career and Technical Education Takes Its Next Big Step
Join this free virtual event to hear creative approaches to modernize CTE programs and navigate the shift away from a near-exclusive focus on "college preparedness."

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 What Schools Need to Know About the Supreme Court’s Transgender Sports Ruling
The justices upheld two state laws that bar transgender girls from participating in female sports.
10 min read
A group prays outside of the Supreme Court ahead of the court's ruling on whether transgender girls and women can play on school athletic teams, on June 30, 2026, on Capitol Hill in Washington.
A group prays outside of the U.S. Supreme Court ahead of the court's ruling on whether transgender girls and women can play on school athletic teams, on June 30, 2026, in Washington. The court upheld two state laws barring transgender girls from joining girls' school sports teams.
Jose Luis Magana/AP
Law & Courts Judges Strike Down Trump Admin.'s Student Loan Forgiveness Overhaul
Two judges sided with advocates who said the program risked becoming a tool for political retribution.
3 min read
In this May 5, 2018, file photo, graduates at the University of Toledo commencement ceremony in Toledo, Ohio.
Graduates at the University of Toledo commencement ceremony in Toledo, Ohio, on May 5, 2018. Two judges have ruled against the Trump administration's overhaul of a public service loan forgiveness program for which teachers have qualified.
Carlos Osorio/AP
Law & Courts Supreme Court Upholds Birthright Citizenship, Rejecting Trump's Proposed Limits
The justices relied on the 14th Amendment and federal law to rule that anyone born in the U.S. is a citizen.
4 min read
Members of the Supreme Court sit for a group portrait in Washington, Oct. 7, 2022. Bottom row, from left, Justice Sonia Sotomayor, Justice Clarence Thomas, Chief Justice John Roberts, Justice Samuel Alito and Justice Elena Kagan. Top row, from left, Justice Amy Coney Barrett, Justice Neil Gorsuch, Justice Brett Kavanaugh, and Justice Ketanji Brown Jackson. The Supreme Court justices will take the bench Monday, July 1, 2024, to release their last few opinions of the term, including their most closely watched case: whether former President Donald Trump has immunity from criminal prosecution.
Members of the Supreme Court sit for a group portrait in Washington, Oct. 7, 2022. Bottom row, from left, Justice Sonia Sotomayor, Justice Clarence Thomas, Chief Justice John Roberts, Justice Samuel Alito, and Justice Elena Kagan. Top row, from left, Justice Amy Coney Barrett, Justice Neil Gorsuch, Justice Brett Kavanaugh, and Justice Ketanji Brown Jackson. The high court, on June 30, 2026, rejected President Donald Trump's executive order on birthright citizenship.
J. Scott Applewhite/AP
Law & Courts States Can Ban Transgender Athletes, Supreme Court Decides
The court ruled that state bans in Idaho and West Virginia don’t violate the Constitution or Title IX.
3 min read
People advocate for a ban on transgender women and girls participating in women's and girls' sports outside the U.S. Supreme Court building as the court announced decisions in Washington, on June 29, 2026.
People advocate for a ban on transgender women and girls participating in women's and girls' sports outside the U.S. Supreme Court building as the court announced decisions in Washington, on June 29, 2026. The Supreme Court ruled on June 30, 2026, that states may enforce laws restricting transgender athletes’ participation on girls’ and women’s sports teams.
Francis Chung/Politico via AP