CER News Alert

Important Court Decisions Rendered This Week

(Washington, DC 6/30/00) 

SCHOOL CHOICE

The U.S. Supreme Court has ruled that private school students are indeed entitled to the benefits of the federal Chapter 2 program. Bolstered by this decision, school districts will continue to distribute computers, software, and other education materials equitably to all schools regardless of their affiliation. The case was originally brought in Louisiana on the grounds that the distribution of federal aid to parochial schools violated the church-state separation.

        The importance of this decision is the High Court's affirmation that where a child is educated should not deter public support for the education of that child. School choice fans believe this will positively affect the eventual outcome of course cases currently being litigated in Ohio and Florida. For more information, see Jodi Wilgoren's article, "Court Ruling Fuels Debate on Vouchers for Education," in The New York Times (Thursday, June 29, 2000) or visit the Institute for Justice's Web Site (www.ij.org).

CHARTER SCHOOLS

        New Jersey charter schools are constitutional says the Garden State's high court. On June 28, 2000, the New Jersey Supreme Court ruled in favor of charter schools in a long standing suit that has wound its way from the public tax coffers of angry school boards to appeals courts to finally the state supreme court. In its decision, the court acknowledged that the Commissioner of Education has been and should continue to be mindful of the potential racial and financial impact of charter schools on school districts. In doing so, the court has put to rest the concerns from the original challenge to New Jersey's charter school law. New Jersey charter schools are finally vindicated and may get back to the business of serving the children they are devoted to helping.

        This is the ninth such case nationally where school boards have sued the state over whether or not charters are constitutional. All but one high court has upheld the viability of charters as an appropriate extension of public education. That state, South Carolina, saw its law struck down not on the concept of charters but on a unique racial balance requirement in the laws. 

        For more background information, see the Center for Education Reform Newswire (Vol. 2, No. 19): May 16, 2000. And hear what the Justices had to say in their ruling, in the July Monthly Letter.

# # #

        Statement of the the New Jersey Charter Public Schools Association  on the state Supreme Court's ruling affirming the constitutionality of charter schools:

"This is a great day for New Jersey public education and for charter public schools," said Executive Director Sarah Tantillo. "We are thrilled with this decision. It affirms the rights of parents and students to have expanded public school choices. Charter schools can thus continue to provide new public school opportunities and leverage reform across the broader public education system."

The charter school movement is thriving, both statewide and nationally. Currently, 46 charter schools are in operation in New Jersey, serving nearly 9,000 students, with another 20 approved to open in the next two years. "The demand for these schools continues to expand," noted Tantillo. More than 3,000 students are on waiting lists statewide.

        Nationally, since the first charter schools opened in 1992, the charter school movement has spread to 36 states plus the District of Columbia, with nearly 1,700 schools in operation serving nearly a half million children.

# # #

The Center for Education Reform [CER] is a national, independent, non-profit advocacy organization providing support and guidance to individuals, community and civic groups, policymakers and others who are working to bring fundamental reforms to their schools. For additional information on education reform please call CER at (202) 822-9000.


CER Home Page CER News Alerts School Choice Charter Schools E-Mail CER