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ABBOTT v. BURKE

100 N.J. 269 (1985)

495 A.2d 376

RAYMOND ARTHUR ABBOTT, A MINOR, BY HIS GUARDIAN AD LITEM, FRANCES ABBOTT; ARLENE FIGUEROA, FRANCES FIGUEROA, HECTOR FIGUEROA, ORLANDO FIGUEROA, AND VIVIAN FIGUEROA, MINORS, BY THEIR GUARDIAN AD LITEM, BLANCA FIGUEROA; MICHAEL HADLEY, A MINOR, BY HIS GUARDIAN AD LITEM, LOLA MOORE; HENRY STEVENS, JR., A MINOR, BY HIS GUARDIAN AD LITEM, HENRY STEVENS, SR.; CAROLINE JAMES AND JERMAINE JAMES, MINORS, BY THEIR GUARDIAN AD LITEM, MATTIE JAMES; DORIAN WAITERS AND KHUDAYJA WAITERS, MINORS, BY THEIR GUARDIAN AD LITEM, LYNN WAITERS; CRISTINA KNOWLES, DANIEL KNOWLES AND GUY KNOWLES, JR., MINORS, BY THEIR GUARDIAN AD LITEM, GUY KNOWLES, SR.; LIANA DIAZ, A MINOR, BY HER GUARDIAN AD LITEM, LUCILA DIAZ; AISHA HARGROVE AND ZAKIA HARGROVE, MINORS, BY THEIR GUARDIAN AD LITEM, PATRICIA WATSON; AND LAMAR STEPHENS AND LESLIE STEPHENS, MINORS, BY THEIR GUARDIAN AD LITEM, EDDIE STEPHENS, PLAINTIFFS-RESPONDENTS, v. FRED G. BURKE, COMMISSIONER OF EDUCATION; EDWARD G. HOFGESANG, NEW JERSEY DIRECTOR OF BUDGET AND ACCOUNTING; CLIFFORD A. GOLDMAN, NEW JERSEY STATE TREASURER; AND NEW JERSEY STATE BOARD OF EDUCATION, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided July 23, 1985.

Attorney(s) appearing for the Case

Bertram P. Goltz, Jr., Deputy Attorney General, argued the cause for appellants (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; James J. Ciancia, Assistant Attorney General, of counsel).

Marilyn J. Morheuser, argued the cause for respondents (Marilyn J. Morheuser, attorney; Marilyn J. Morheuser, Ellen S. Bass and Flora G. Kimmich, of counsel and on the brief).

Peter A. Buchsbaum submitted a brief on behalf of amicus curiae American Civil Liberties Union of New Jersey (Sterns, Herbert & Weinroth, attorneys).

Richard M. Altman submitted a brief on behalf of amicus curiae The American Jewish Committee, the Urban League of Essex County, the League of Women Voters of New Jersey, and the Association for Children on New Jersey (Pellettieri, Rabstein and Altman, attorneys; Anne P. McHugh, on the brief).

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

In this case, we are asked to consider constitutional challenges to the Public School Education Act of 1975; L. 1975, c. 212; N.J.S.A. 18A:7A-1 to -33 (1975 Act). Plaintiffs are children attending public schools in Camden, East Orange, Irvington, and Jersey City.1 Their consolidated action constitutes a systemic challenge...

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