NJ officials and plaintiffs in landmark school segregation case begin mediation

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Gov. Phil Murphy’s administration has begun mediation discussions with a coalition of New Jersey nonprofits that sued the state alleging pervasive de facto segregation across the stateโ€™s public schools.

No details were divulged on what the parties have discussed, but representatives from both sides expressed interest in resolving their differences in the talks, which are expected to extend into next year. Itโ€™s hardly clear what remedies for addressing the problem might be in the offing.

In their lawsuit, the coalition plaintiffs claimed that nearly half of New Jerseyโ€™s Black and Latino students attended public schools where 90% of their classmates were non-white. Their complaint cited a 2016 UCLA study, which also determined New Jersey is the sixth-most-segregated state in the country for Black students and the seventh-most-segregated state for Latinos.

In October, a Superior Court judge issued a mixed ruling in the landmark case, which has gone on for five years. Judge Robert Lougy said the plaintiffs had not proven that New Jerseyโ€™s educational system is segregated โ€œacross all districts.โ€ But he also said the state had failed in its obligation to address segregation where it exists in the system.

The order did not set forth a clear path forward for the parties.

Larry Lustberg, lead attorney for the plaintiffs, including the Latino Action Network and the state NAACP, told Gothamist that the sides have held one mediation discussion and another is scheduled. He said he hopes they could reach a resolution by early next year.

Lustberg said that for any โ€œset of remediesโ€ for addressing segregation in the system to work, โ€œthere has to be a flow of students in both directions.โ€

โ€œUrban students going to the suburbs pursuant to some choice program, and for suburban students to come to some inner cities perhaps attracted there by magnet schools or specialized charter schools or other mechanisms,โ€ he said.

Cuqui Rivera, outreach director for the Latino…

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