The ACLU-NJ challenged the re-chartering of the Red Bank Charter School in part because the public schools didn't reflect the overall demographics of the borough's school aged population. The Red Bank Charter School has always been disproportionately white compared to the demographics of the public school district. That demographic disproportionality has increased since we appeared as a friend-of-the-court in the Appellate Division challenging the expansion of the charter school 10 years ago. Now, the public school district is 80% Hispanic and only 7% white; the Red Bank Charter School is 34% Hispanic and 52% white. There are more white students in the 200-person charter school than in the entire 1,407-person public school district. So Red Bank in effect has an overwhelmingly Hispanic school district and a separate majority-white district, despite the fact that they pull from the same geographic region.
The Appellate Division remanded the case back to the Commissioner, Department of Education.