The Lakewood Board of Education has appealed a recent judicial ruling in the ongoing legal battle over the state’s proposed intervention in the district, with its attorney maintaining that the state has not justified taking control of the school system, the school board attorney tells TLS
In a recent ruling, Administrative Law Judge Susan Scarola rejected a motion by the district to dismiss New Jersey’s effort to place the financially troubled district under full state control, writing the Department of Education Commissioner “may seek full state intervention.”
In a statement to TLS, Lakewood Board of Education attorney Joshua Forsman said the recent ruling did not determine whether a full state intervention is warranted and that additional administrative proceedings, including a further hearing on the merits of the state’s original proposal, remain ahead.
“The District respectfully disagrees that the proposed intervention is justified,” Forsman said, adding that the district would continue to present its case through the appropriate legal and administrative channels.
Fosman argues that the district’s performance under New Jersey’s Quality Single Accountability Continuum (QSAC), the state’s school district monitoring and evaluation system, has improved and should be taken into account when determining whether intervention is necessary.
Forsman also raised questions about the state’s criticism of certain district actions, noting that some of the practices now being challenged were previously reviewed or approved by state-appointed monitors assigned to assist with district operations.
The district’s statement also warned that the state’s position could have implications for other financially struggling school districts across New Jersey.
“If a district’s demonstrated progress and satisfactory QSAC performance may be set aside principally because of severe financial challenges, that approach could establish a far-reaching precedent for other underfunded public school districts throughout New Jersey,” Forsman said.
The district maintains that school systems meeting the state’s established accountability standards should not face state intervention solely because they are experiencing significant financial difficulties.
At the hearin June, Forsman, argued that the state’s intervention effort should be halted because the district does not meet the statutory criteria for full state intervention. Under New Jersey law, the state may assume control of a school district only if it demonstrates deficiencies in instruction and program, fiscal management, governance, and personnel administration.
TLS first reported earlier this year that Lakewood will contest the takeover attempt.
The hearing stemmed from a motion to dismiss filed by the district after the state initiated takeover proceedings earlier this year. In January, the Department of Education filed an Order to Show Cause seeking full state intervention, citing years of fiscal, operational, and educational deficiencies and relying heavily on a 2025 Appellate Division ruling that found Lakewood public school students were experiencing an ongoing constitutional deprivation of their right to a thorough and efficient education.
Despite the ongoing dispute, Forsman said the district remains committed to working with the New Jersey Department of Education while defending its position.
The district said its priority remains providing students with a high-quality education while addressing the financial and operational issues facing the community.
The takeover effort was initiated by former Education Commissioner Kevin Dehmer during the final days of the Murphy administration. Since then, Governor Mikie Sherrill appointed Lily Laux as commissioner, leaving her administration to determine whether to continue pursuing the intervention.
The case will now proceed to a full administrative hearing on whether the state should assume control of the district.
If the takeover proceeds, Lakewood would join a small group of New Jersey districts that have been placed under state supervision, including Newark, Paterson and Jersey City. Under a full intervention, the locally elected school board would be largely sidelined, with a state-appointed superintendent assuming authority over operations, finances and academics.
