New Jersey hybrid charter school opens despite legal challenge
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August 31, 2012
NEWARK, New Jersey: New Jersey opened its first hybrid charter school this week, despite an ongoing legal battle with the New Jersey Education Association (NJEA). The first school opened on August 27 with 80 6th graders at Merit Preparatory Charter School in Newark, New Jersey. A second school is scheduled to open, also in Newark, on the 6th of September. Like traditional schools, students will attend classes at the school everyday, but will receive much of their instruction from teachers online.[1]
The NJEA filed a request to keep the schools from opening with the New Jersey Superior Court, Appellate Division, in front of the Honorable Margaret M. Hayden and Victor Ashrafi on August 20, 2012.[2] The NJEA claimed the New Jersey Department of Education had no authority to establish online or hybrid schools under the state’s charter school law. Further, the NJEA claimed the Department of Education failed to provide any proof that they could provide a quality education to students through online instruction.[3][2]
The Appeals Court disagreed, ruling against the NJEA on Friday. Their ruling found that the NJEA’s claim of irreparable harm to the education system in New Jersey was simply speculative. However, the NJEA says the ruling did not speak to the merits of their case, and will continue to pursue their claim.[1][4]
“We would have preferred the stay, but that has nothing to do with the merits of the case, which we still believe in,” The union’s Executive Director Vincent Giordano told reporters.[1]
According to the Union, the charter school law in New Jersey does not speak to whether or not the Department of Education can open an online school, and may even contain language that prohibits it. However, that may change as the state legislature’s Joint Committee on the Public Schools are scheduled to hear testimony regarding online school on September 12th, and have said they will revisit the charter school law.[1]
See also
- Letter Brief, filed by New Jersey Education Association on August 20, 2012.
- Ruling by Judge Hayden on August 23, 2012.
Footnotes
- ↑ 1.0 1.1 1.2 1.3 Nj Spotlight "School's in Session at Hybrid Charters, Despite Ongoing Legal Challenges" August 31, 2012
- ↑ 2.0 2.1 '"Letter Brief" August 20, 2012
- ↑ TeaneckPatch "School's in Session at Hybrid Charters, Despite Ongoing Legal Challenges" August 31, 2012 (dead link)
- ↑ '"Order on Emergent Application" August 23, 2012
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