HINFEY v. MATAWAN REGIONAL BOARD OF EDUCATION


77 N.J. 514 (1978)

391 A.2d 899

PATRICIA HINFEY, JACQUELYN WALKER, FOR MONMOUTH COUNTY N.O.W., COMPLAINANTS-RESPONDENTS, v. MATAWAN REGIONAL BOARD OF EDUCATION ET AL., RESPONDENTS, AND DIRECTOR OF THE DIVISION ON CIVIL RIGHTS, APPELLANT.

The Supreme Court of New Jersey.

Decided August 31, 1978.


Attorney(s) appearing for the Case

Ms. Mary Ann Burgess, Deputy Attorney General, argued the cause for appellant (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. Stephen Skillman, Assistant Attorney General, of counsel; Ms. Burgess, on the brief).

Ms. Nadine Taub argued the cause for complainants-respondents (Ms. Joan Friedland, a member of the New Mexico bar, of counsel; Ms. Annamay T. Sheppard, on the brief).

Ms. Deborah Babcox and Ms. Naomi Eber submitted a brief on behalf of amicus curiae, American Civil Liberties Union of New Jersey.


The opinion of the court was delivered by HANDLER, J.

The unusual and important issues raised by this appeal concern the nature of the jurisdiction and statutory powers of the Division on Civil Rights and the Commissioner of the Department of Education over complaints charging sex discrimination in courses of academic study and curricula in the public schools. In resolving the legal problems presented, there must be answered the ultimate question as to which of these...

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