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MATTER OF ADOPTION OF AMEND. TO N.J.A.C. 6:11-8.4

249 N.J. Super. 52 (1991)

592 A.2d 9

IN THE MATTER OF THE ADOPTION OF AMENDMENTS TO N.J.A.C. 6:11-8.4 AND N.J.A.C. 6:11-8.5.

Superior Court of New Jersey, Appellate Division.

Decided June 18, 1991.

Attorney(s) appearing for the Case

Cynthia L. Samuels, Assistant Deputy Public Advocate, argued the cause for appellant (Wilfredo Caraballo, Public Advocate, attorney; Susan R. Oxford, Assistant Deputy Public Advocate and Cynthia L. Samuels, on the brief).

David Earle Powers, Deputy Attorney General argued the cause for respondent (Robert J. Del Tufo, Attorney General of New Jersey, attorney; Michael R. Clancy, Assistant Attorney General, of counsel; David Earle Powers, on the brief).

Before Judges COLEMAN, J.H., DREIER and ASHBEY.

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

This appeal challenges the New Jersey Department of Education's regulations allocating responsibility for testing of bilingual teaching candidates's foreign language proficiency under the Bilingual Education Act (BEA). N.J.S.A. 18A:35-15 et seq. The challenged regulatory amendments shift the proficiency evaluation from the State to the local school district. We now hold that the regulatory...

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