Elizabeth Board of Education Sued

Denial of adequate Teachers and Equal Access to Education Services to High School Students cited

NEWARK, NJ (04/09/2007)(readMedia)-- A class-action lawsuit has been filed today (4.9.07) under the New Jersey Civil Rights Act against the Elizabeth Board of Education. The lawsuit alleges that the Elizabeth Board has denied many high school students their substantive right to a thorough and efficient education pursuant to the New Jersey State Constitution. Attorneys bringing this class action are Eric Taylor & Kevin Mitchell of Taylor & Mitchell in Audubon, New Jersey.

The legal action claims that the Elizabeth Public School District has "forced" a group of its high school students in classrooms without permanent teachers or even qualified substitutes. "This has led to a lessened, or non-existent, receipt of educational services to these students," said Eric Taylor. The plaintiffs contend that similarly situated students in the District are being denied access to the thorough and efficient system demanded by the State Constitution, and affirmed extensively by the New Jersey State Supreme Court, as well as the Core Content Curriculum standards established to measure whether a student has received the basic tenets of the required thorough and efficient education.

Attorney Kevin Mitchell asserts that, "The District is in receipt of significant Abbott funds in order to provide this level of education, yet they cannot provide the adequate number of qualified teachers, nor deploy them in a manner to ensure equitable access to the mandated Core Curriculum. Moreover, they have failed to take any action to remediate their oversight. They've also failed to inform these parents of their failure to educate these students, or even provide them with an appropriate educational environment. A classroom without a teacher is not a classroom."

The proposed class-action seeks immediate relief in the form of remedial instruction and services for the affected students. It also seeks to cease any further denial of the students' educational rights. "We hope to ensure that the Elizabeth District has the correct number of teachers to meet the needs of its students and that the District end whatever reliance it has on substitutes and non-certified individuals to fill teacher roles," said Taylor.

The parent plaintiffs are supported by the Newark and Camden-based Excellent Education for Everyone (E3).

A copy of the complaint can be downloaded at www.nje3.org

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