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BALSLEY v. NORTH HUNTERDON BD. OF EDUC.

117 N.J. 434 (1990)

568 A.2d 895

ELIZABETH BALSLEY, AN INFANT BY HER PARENT AND GUARDIAN AD LITEM, SUSAN BALSLEY, PETITIONER-RESPONDENT, v. NORTH HUNTERDON REGIONAL SCHOOL DISTRICT BOARD OF EDUCATION AND ROBERT HOPEK, RESPONDENTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided February 1, 1990.

Attorney(s) appearing for the Case

James P. Granello argued the cause for appellants (James P. Granello, attorney; Wayne I. Christie, on the brief).

Margaret M. Monaco argued the cause for the intervenor-respondent, New Jersey State Interscholastic Athletic Association (Hannoch Weisman, attorneys; Michael J. Herbert, on the letter in lieu of brief).

Anne P. McHugh argued the cause for petitioner-respondent (Pellettieri, Rabstein and Altman, attorneys).

Francis J. Campbell argued the cause for amicus curiae New Jersey School Boards Association (Francis J. Campbell, attorney; O. Lisa Dabreau, on the letter in lieu of brief).

Susan L. Reisner, Deputy Attorney General, argued the cause for amicus curiae Division on Civil Rights (Peter N. Perretti, Jr., Attorney General of New Jersey, attorney).

Arlene Goldfus Lutz, Deputy Attorney General, submitted a letter in lieu of brief on behalf of respondent State Board of Education (Peter N. Perretti, Jr., Attorney General of New Jersey, attorney).

Elaine M. Song submitted a brief on behalf of amicus curiae Education Law Center (Elaine M. Song, attorney; Marilyn J. Morheuser, of counsel and on the brief).

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

This appeal poses the issue whether counsel fees can be awarded in a proceeding brought before the Commissioner of Education based on unlawful gender-discrimination. In this case, a public high school student was barred from trying out for the school's football team because of her sex. She filed a complaint under the state's education laws with the Commissioner of Education charging the school board with unlawful...

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