Justice Department Settles with Newark Public Schools to Protect English Learner Students

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Newark, New Jersey, USA skyline on the Passaic River.

NEWARK, N.J. – The Justice Department has reached a settlement with Newark Public Schools to resolve the department’s investigation into the school district’s programs for its English learner students, Acting U.S. Attorney for the District of New Jersey Rachael A. Honig and Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division announced today. 

The agreement ends the district’s longstanding and common practice of removing students from English learner programs before they become fluent in English. The district has agreed to improve services for English learner students so they can access the same educational opportunities as other students in the Newark Public Schools. 

The department’s multi-year investigation uncovered wide-ranging failures to properly serve students learning English. The department found that the district failed to hire and retain enough qualified teachers to support its program, resulting in limited instruction time for some students, and for others, no language services at all. The Civil Rights Division and the U.S. Attorney’s Office for the District of New Jersey investigated under the Equal Educational Opportunities Act of 1974.

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“Our office steadfastly supports the civil rights of all students, including English learners,” Acting U.S. Attorney Honig said. “We are pleased that the Newark Board of Education has agreed to fully embrace its obligation to meet the language needs of its English learners and resolve the serious violations of federal law uncovered during this investigation.  We will continue to hold school districts and other education agencies accountable so that all students in New Jersey have equal access to educational opportunities.”


“School districts must provide effective English learner services so that all students can create an American dream of their own,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “We will continue fighting to ensure compliance with our federal civil rights laws as we stand up for every student’s right to equal educational opportunities across our country. The comprehensive requirements in this settlement agreement will create lasting change and provide access to education for thousands of English learner students in Newark.”    

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The Justice Department will monitor the district’s implementation of the settlement agreement for at least three full school years until the district has fully complied with its obligations.

This press release is also available in Spanish, Portuguese, Haitian Creole and French.

The United States is represented by Assistant U.S. Attorney Kelly Horan Florio, Civil Rights Unit; Renee Wohlenhaus, Deputy Chief of the Civil Rights Division’s Educational Opportunities Section; Jonathan Newton, Trial Attorney, Educational Opportunities Section; and Laura Fentonmiller, Trial Attorney, Educational Opportunities Section.

The enforcement of the Equal Educational Opportunities Act of 1974 is a top priority of the Civil Rights Division and of the United States Attorney’s Office for the District of New Jersey. Additional information about the Civil Rights Division of the Justice Department is available on its website at www.justice.gov/crt, and additional information about the work of the Educational Opportunities Section is available at https://www.justice.gov/crt/educational-opportunities-section.  Members of the public may report possible civil rights violations at https://civilrights.justice.gov/report/ or with the U.S Attorney’s Office for the District of New Jersey at http://www.justice.gov/usao-nj/civil-rights-enforcement/complaint or may call the U.S. Attorney’s Office’s Civil Rights Hotline at (855) 281-3339.

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