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Center for Social Justice - Recent Developments

 

Lawsuit filed in Federal Court on Behalf of Parents of Newark Public School Students Who Are Being Denied Rights Under the No Child Left Behind Act
 

Seton Hall University School of Law Center for Social Justice filed a class action lawsuit in federal court on behalf of all parents of children attending Newark Public Schools who are being denied their rights under the No Child Left Behind Act. The Act specifically grants parents of children in failing schools the right to free tutoring and the right to transfer out of a failing school. Although over 30,000 children attend failing schools in Newark, Newark Public Schools deny thousands of these children their rights under the statute, producing incalculable damage to their education and their futures, the lawsuit notes.

The No Child Left Behind Act requires school districts to notify parents if their children are attending failing schools, an to inform them of the substantive rights that arise from that status – the right to transfer their child to a non-failing school and the right to receive free after-school tutorial services from a provider of the parent’s choice. School districts must also notify parents of their right to request information about the qualifications of their children’s teachers. As found by a recent audit of the United States Department of Education, the Newark Public Schools district has systematically failed to meet even the Act’s minimum notification requirements, causing thousands of Newark parents to be completely unaware of their rights under the Act.

The lawsuit seeks an injunction that would force Newark Public Schools to comply with its obligations under the Act so that parents and students can exercise the rights wrongfully withheld from them.

In addition to Professor Jeffries, attorneys on the case include Scott Michelman, and third-year law students Holly R. Blanchard and William Tellado.
 

To view a copy of the filed Complaint, click here.

 


Professor Shavar Jeffries
Civil Litigation Clinic


Scott Michelman
Clinical Teaching Fellow
Civil Litigation Clinic

 
 
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