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REED EX REL. REED v. ATTORNEY GENERAL

195 N.J. Super. 172 (1984)

478 A.2d 788

ALEXIS S. REED, A MINOR, BY AND THROUGH HER NATURAL GUARDIAN, ROBERT B. REED; AND ROBERT B. REED AND EVANGELYNN C. REED, INDIVIDUALLY, PETITIONERS-APPELLANTS, v. ATTORNEY GENERAL OF THE STATE OF NEW JERSEY; SUPERINTENDENT OF SCHOOLS OF HUNTERDON COUNTY, NEW JERSEY; COMMISSIONER OF EDUCATION OF THE STATE OF NEW JERSEY; THE NEW JERSEY STATE BOARD OF EDUCATION; DIRECTOR, DIVISION OF BUDGET AND ACCOUNTING OF THE STATE OF NEW JERSEY; TREASURER OF THE STATE OF NEW JERSEY; DELAWARE VALLEY REGIONAL HIGH SCHOOL BOARD OF EDUCATION; AND FRENCHTOWN ELEMENTARY SCHOOL DISTRICT, RESPONDENTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided August 7, 1984.

Attorney(s) appearing for the Case

Robert B. Reed argued the cause for appellants (Reed, Strauss & Tauriello, attorneys).

Alfred E. Ramey, Jr., Deputy Attorney General, argued the cause for respondents Attorney General of the State of New Jersey; Hunterdon County Superintendent of Schools; Commissioner of Education; State Board of Education; Director, Division of Budget and Accounting and Treasurer of the State of New Jersey (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; James J. Ciancia, Assistant Attorney General, of counsel; Alfred E. Ramey, on the brief).

James W. Lance argued the cause for respondent Board of Education of the Delaware Valley Regional High School District (Wesley L. Lance, attorney).

Eugene M. Friedman argued the cause for amici curiae.

Before Judges FRITZ, FURMAN and DEIGHAN.

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

Appellants, a child resident in New Jersey but enrolled in a private school in Pennsylvania and her parents, unsuccessfully challenged the refusal by the local Board of Education of their request for private school transportation. Asserting here that N.J.S.A. 18A:39-1 is unconstitutional as limited by this rejection, they appeal.1

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