NEWARK, N.J. -- The American Civil Liberties Union of New Jersey today applauded a state Department of Education report confirming ACLU-NJ allegations that the Lakewood School District discriminated on the basis of race in its preschool special education program.

The ACLU-NJ uncovered disparities in Lakewood's special education program after reviewing enrollment statistics for the 2002-2003 and 2003-2004 school years. For example, even though white students made up only 55 percent of the overall preschool special education population in Lakewood, they received 98 percent of the more expensive, out-of-district placements, according to enrollment statistics obtained by the ACLU-NJ.

"The numbers showed a clear pattern of discrimination on the basis of race," said ACLU-NJ Legal Director Ed Barocas. During at least two consecutive school years, only one of 94 nonwhite preschool special education students was sent to an out-of-district placement while more than half of the 123 white preschool special education students were sent to the more expensive out-of-district placements. "It was as if they were being treated as two different classes of students," Barocas said.

Further, the evidence showed that most of the white students were sent to one particular school -- the School for Children with Hidden Intelligence -- that appeared to have enrolled only white students.

On June 16, 2005, the ACLU-NJ filed an official complaint with the New Jersey Department of Education (DOE) in order to give the agency an opportunity to help resolve the matter without having to go to court.