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COUNCIL SUPER. ASSNS. v. BD. OF EDUC.

23 N.Y.2d 458 (1969)

In the Matter of Council of Supervisory Associations of the Public Schools of New York City et al., Respondents-Appellants, v. Board of Education of the City of New York et al., Appellants-Respondents; Parent Development Program of the Two Bridges Neighborhood Council, Inc., Intervenor-Appellant-Respondent, and Louis Fuentes et al., Intervenors-Appellants.

Court of Appeals of the State of New York.

Decided January 15, 1969.

Attorney(s) appearing for the Case

J. Lee Rankin, Corporation Counsel (Stanley Buchsbaum, Sanford I. Freedman and Lawrence Cherkis of counsel), for Board of Education of City of New York, appellant-respondent.

Robert Sugerman and Harold J. Rothwax for intervenor-appellant-respondent.

William M. Kunstler and Jeremiah Gutman for intervenors-appellants.

Max H. Frankle, Everett E. Lewis and Bernard Yaker for respondents-appellants.

Burt Neuborne, Paul G. Chevigny, Alan H. Levine and Sheldon L. Berens for New York Civil Liberties Union and others, amici curiæ.

Chief Judge FULD and Judges BURKE, KEATING, BREITEL and JASEN concur with Judge BERGAN; Judge SCILEPPI dissents and votes to affirm in a separate opinion.

BERGAN, J.

In 1967 the Legislature declared it to be the public policy of the State to encourage community interest in the public schools of New York City and to develop an educational program in the public schools concerned with local community needs (L. 1967, ch. 484).

This public policy was laid down by the statute in specific terms. It was found by the Legislature that greater community "awareness...

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