ACLJ Fights for Family’s School Choice Rights in New Jersey Transportation Case

Today, the ACLJ filed an important reply brief defending a New Jersey family’s right to educational choice – a fundamental freedom that school districts should support, especially when mandated by law, and not obstruct through administrative gamesmanship.

The case is straightforward: A Parsippany family chose to send their daughter to a Christian institution that aligns with their values. Under New Jersey law, when a child attends a non-public school located within 20 miles of their home, the school district must provide transportation assistance. This family lives 19.7 miles from their daughter’s school – well within the legal limit.

Yet the Parsippany-Troy Hills Board of Education denied their request, claiming the distance exceeded 20 miles. How? By inventing their own method of measurement that directly contradicts state regulations.

Take action with us and add your name to our petition: Demand School Choice.

Bureaucracy Erects Barriers to School Choice

The ACLJ has long championed the right of parents to choose the best educational environment for their children, whether public, private, charter, or faith-based. This case exemplifies why that fight remains crucial. When families exercise their right to choose a school that reflects their values and meets their children’s needs, they shouldn’t face arbitrary obstacles designed to discourage that choice.

New Jersey regulations are crystal clear: Transportation distance must be measured using “the shortest route along public roadways or public walkways.” The family provided both Google Maps evidence and a professional surveyor’s report confirming the distance was under 20 miles using public roadways. The school district, however, insisted on measuring only “walking distance” – a method that excludes major highways and artificially inflates the mileage.

An administrative law judge saw through this scheme, ruling decisively in the family’s favor on December 8 – a victory we reported earlier this month. The judge found that the district “did not consider public roadways” and therefore its measurement “is not entitled to deference.” The conclusion was unambiguous: “Students who live within 20 miles from a non-public, remote school are entitled to aid in lieu of transportation.”

Fighting Back Against Desperate Arguments

Rather than accept this straightforward ruling, the school district filed exceptions filled with technical arguments and bureaucratic fearmongering. As we explained in our previous blog about the initial victory, the law is clear and the family met every requirement. Yet the district persisted. They claimed the family’s appeal was filed too late – despite their own attorney explicitly writing that a November 4 letter constituted the “District’s final decision,” giving the family 90 days to appeal. They argued for unlimited deference to school boards, even when those boards flagrantly ignore state regulations. They even suggested that requiring districts to follow the law would cause “mass confusion.”

In our reply brief, the ACLJ systematically dismantled each argument. We emphasized that the district’s own words and admissions prove the family’s case. The district uses Google Maps for all other students – they cannot suddenly claim it’s unreliable when it shows this family qualifies for assistance. The professional survey confirms what anyone can verify online: this family lives within the legal distance.

The Broader Principle at Stake

When parents choose faith-based or private education, governments must not erect barriers to discourage that choice. Transportation assistance is part of New Jersey’s framework supporting educational pluralism. Districts cannot undermine that framework by inventing arbitrary rules that contradict state law.

The ACLJ remains committed to defending school choice in all its forms. Every family deserves the freedom to choose an education aligned with their values without facing bureaucratic retaliation or obstacles. School choice means nothing if bureaucrats can nullify it through administrative manipulation.

This family did everything right. They found a school that serves their daughter well. They documented their eligibility under state law. They obtained professional verification when the district stonewalled them. Now they deserve the transportation assistance the law guarantees.

Sign our petition – demand school choice.