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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. |
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Professor Shavar Jeffries
Civil Litigation Clinic

Scott Michelman
Clinical Teaching Fellow
Civil Litigation Clinic |