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  5. 177 N.J. Super. 66 (1981)
 

PLAYCRAFTERS, ETC. v. TEANECK TP. BD. OF ED.

177 N.J. Super. 66 (1981)

424 A.2d 1192

STUDENT MEMBERS OF THE PLAYCRAFTERS, AN ORGANIZATION OF TEANECK HIGH SCHOOL, RICHARD STREAN, AN INFANT BY HIS GUARDIAN AD LITEM, MARCIA STREAN, JEREMY FEIGELSON, AN INFANT BY HIS GUARDIAN AD LITEM, MIRIAM C. FEIGELSON, PLAINTIFFS-APPELLANTS AND CROSS-RESPONDENTS, v. THE BOARD OF EDUCATION OF THE TOWNSHIP OF TEANECK, AUBREY SHER, SUPERINTENDENT OF SCHOOLS OF THE TOWNSHIP OF TEANECK, AND JAMES DELANEY, PRINCIPAL OF TEANECK HIGH SCHOOL, AND NEW JERSEY STATE COMMISSIONER OF EDUCATION, FRED G. BURKE, DEFENDANTS-RESPONDENTS AND CROSS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided January 19, 1981.

Attorney(s) appearing for the Case

John L. Weichsel, attorney for appellants and cross-respondents (Stephen Nagler, ACLU of New Jersey, of counsel).

Greenwood, Weiss & Shain, attorneys for respondents and cross-appellants Board of Education of the Township of Teaneck and James Delaney, Principal of Teaneck High School (Robert H. Greenwood, on the brief).

John J. Degnan, Attorney General of New Jersey, attorney for respondent and cross-appellant New Jersey State Commissioner of Education, Fred G. Burke (Stephen Skillman, Assistant Attorney General, of counsel; Mary Ann Burgess, Deputy Attorney General, on the brief).

Daniel D. Chazin submitted a brief on behalf of amicus curiae The National Jewish Commission on Law and Public Affairs (Martin B. Cowan, of the New York bar, of counsel).

Victoria B. Eiger submitted a brief on behalf of amicus curiae The American Jewish Congress (Marc D. Stern, of the New York bar, of counsel).

Before Judges MICHELS, ARD and FURMAN.

The opinion of the court was delivered by MICHELS, P.J.A.D.

This is an appeal from a judgment of the Chancery Division which found that the "Policy on School Activities," adopted by defendant Board of Education of the Township of Teaneck (Board) was facially constitutional, yet unconstitutional as applied. At issue is whether the Board's policy, which effectively bans most extracurricular scholastic activities during times of traditional religious worship, namely...

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