Red Bank Charter School's racial makeup spurs court to call for more answers

RED BANK — A top state education official was ordered last week by the New Jersey Appellate Division of Superior Court to explain reasoning behind renewing the charter for Red Bank Charter School and better explain what defines "impermissible segregation" in terms of charter school impacts.

For years, Red Bank Charter School and the surrounding Red Bank Borough Public Schools have been at odds in court. Red Bank Borough school administrators have accused the charter school of admitting an abnormally high number of white students compared to the borough's population. They say that has led to segregation in the local community.

Red Bank Charter School administrators have defended their enrollment practices in court filings, saying they have amended the student lottery to give more weight for entrance to economically disadvantaged students and have actively recruited in both English and Spanish. Charter school officials point to their students' better academic performance compared to the surrounding districts as proof of their success.

The decision by the Appellate Court stems from a lawsuit filed by Red Bank Borough's school board contesting a 2022 decision by then-Acting Education Commissioner Angelica Allen-McMillan. Her department renewed the charter school's operations for five years and allowed the school to serve a maximum of 180 students through the 2026-27 school year, according to a state department spokesperson.

Last week, Appellate Court Judges Jack Sabatino, Hany Mawla and Robert M. Vinci remanded the case to New Jersey's current Acting Commissioner of Education Kevin Dehmer with instructions for Dehmer to further explain the decision to renew the charter school's operations. The instructions also told Dehmer to better define what New Jersey considers "impermissible segregative effect" involving charter schools and how the state measures that potential segregative effect.

The court gave Dehmer until Oct. 1 to submit answers.

In the 2020-21 school year, nearly 39% percent of Red Bank Charter students were white, compared to just 7% in the surrounding Red Bank elementary and middle schools, according to state Department of Education records. Latino students made up 53% of the charter school's population, while being 85% of the population in surrounding Red Bank Borough schools. Black students were 7.5% of the charter school student body and 4.7% of students in Red Bank borough middle and elementary schools.

Both the charter and Red Bank Borough schools serve students in preschool through eighth grade. After graduating middle school, students from both the charter school and Red Bank Middle School attend Red Bank Regional High School.

By the 2022-23 school year, Red Bank Charter School had reduced some of the gaps in enrollment differences between its population and the surrounding district. At the charter, enrollment among white students had dropped 8 percentage points to 30.5% of the student body, according to the state Department of Education. At the same time, white student enrollment at Red Bank Borough schools had increased 3 percentage points, to 10%.

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The gaps between Latino student enrollment at Red Bank Charter School and the surrounding district had improved as well. Enrollment among these students was 62% in the charter school and 82.5% in the surrounding schools that year, according to the Department of Education.

Jared Rumage, superintendent of the Red Bank Public School District, has pushed for the closure of the charter for years and has said that unifying the district would be in the best interest of students, families and the community.

When reached for comment on the recent court decision, he said in an email: "We are currently involved in an appeal process. At this time, we intend to let the process run its course and focus on our efforts to be the best school district we can be in serving our community."

Attorney Thomas O. Johnston of Montclair, who represents the charter school, noted the court's decision permits the charter school to continue operating.

"Red Bank Charter School is heartened that the Appellate Division rejected Red Bank Borough District's reckless request for RBCS's closure," Johnston said in an email. "The court wants more transparency in the Commissioner's decision, which RBCS welcomes, since the district's 20-plus year history of unfair attacks against RBCS are meritless."

Amanda Oglesby is an Ocean County native who covers education and the environment. She has worked for the Press for more than 15 years. Reach her at @OglesbyAPP, aoglesby@gannettnj.com or 732-557-5701.

This article originally appeared on Asbury Park Press: Is Red Bank Charter School causing segregation? Court wants answers