N.J. ASS'N FOR RETARDED CITIZENS, INC. v. DEPT. OF HUMAN SERVICES


89 N.J. 234 (1982)

445 A.2d 704

NEW JERSEY ASSOCIATION FOR RETARDED CITIZENS, INC., DAWN DEMASI, A MINOR, BY HER GUARDIAN AD LITEM, FRANK DEMASI AND JAMES LOOMIS, A MINOR, BY HIS GUARDIAN AD LITEM, ELEANORE LOOMIS, PLAINTIFFS, AND BOYCE CLAVERING, A MINOR, BY HIS GUARDIAN AD LITEM, THOMAS CLAVERING AND RICHARD SWAYNE, AN INCOMPETENT BY HIS GUARDIAN, WILLIAM T.J. SWAYNE, AND THE CLASS OF PERSONS SIMILARLY SITUATED WHICH THEY REPRESENT, PLAINTIFFS-APPELLANTS, v. NEW JERSEY DEPARTMENT OF HUMAN SERVICES; ANN KLEIN, COMMISSIONER OF HUMAN SERVICES; MAURICE KOTT, DIRECTOR, DIVISION OF MENTAL RETARDATION, DEPARTMENT OF HUMAN SERVICES; NEW JERSEY DEPARTMENT OF EDUCATION; NEW JERSEY STATE BOARD OF EDUCATION; FRED G. BURKE, COMMISSIONER OF EDUCATION; JAMES RICHARDSON, DIRECTOR, BRANCH OF SPECIAL EDUCATION AND PUPIL PERSONNEL SERVICES, DEPARTMENT OF EDUCATION; ALPHONSE C. SOOTKOOS, SUPERINTENDENT, HUNTERDON STATE SCHOOL, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided May 13, 1982.


Attorney(s) appearing for the Case

Stephen Eisdorfer argued the cause for appellants (Marilyn J. Morheuser, Executive Director, Education Law Center, Inc., attorney).

Steven D. Wallach, Deputy Attorney General, argued the cause for respondents (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; Erminie L. Conley, Former Assistant Attorney General, of counsel; Barbara A. Harned, Deputy Attorney General, on the briefs).


The opinion of the Court was delivered by PASHMAN, J.

This case concerns the rights and liberties of mentally retarded citizens in public institutions in New Jersey. The parties disagree on the extent of the protection and freedom granted those individuals by state statutes. Today we interpret those statutes to grant mentally retarded children in State facilities the legal right to a thorough and efficient education suited...

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