The group plans to file the papers on Monday.
New Jersey's education system has been the subject of a lawsuit for decades asserting that children in the state's poorest cities are not getting access to adequate schools. One result has been a dramatic increase in the state's subsidy for those school districts, but critics say the results are still meager.
The new claim has the same point, but a different solution.
Supporters of the claim include groups pushing for publicly funded ways that children can attend private schools in areas where the public ones are failing.