BOARD OF EDUCATION OF THE BOROUGH OF ENGLEWOOD CLIFFS, BERGEN COUNTY, PETITIONER-CROSS-RESPONDENT/APPELLANT,
v.
BOARD OF EDUCATION OF THE CITY OF ENGLEWOOD, BERGEN COUNTY, RESPONDENT-CROSS-PETITIONER/CROSS-APPELLANT,
v.
BOARD OF EDUCATION OF THE BOROUGH OF TENAFLY, BERGEN COUNTY, CROSS-RESPONDENT/RESPONDENT, AND A.S., BY HER GUARDIAN AD LITEM, R.S., INTERVENOR/RESPONDENT.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued December 17, 1991.
Decided June 15, 1992.
Attorney(s) appearing for the Case
Joel D. Siegal argued the cause for appellant Board of Education of the Borough of Englewood Cliffs (Hellring, Lindeman, Goldstein & Siegal, attorneys, Joel D. Siegal, Robert S. Raymar, Ronnie F. Liebowitz, Bruce S. Etterman and Matthew E. Moloshok, on the brief).
Mary C. Jacobson, Deputy Attorney General, argued the cause for respondent State Board of Education (Robert J. Del Tufo, Attorney General, attorney, Mary C. Jacobson, and Nancy Kaplan Miller, Deputy Attorney General, of counsel, Marlene Zuberman and Donald Parisi, Deputy Attorneys General, on the brief).
Arnold K. Mytelka argued the cause for respondent-cross-appellant Englewood Board of Education (Clapp & Eisenberg, attorneys, Arnold K. Mytelka, Paul L. Tractenberg and Agnes I. Rymer, on the brief).
James S. Rothschild argued the cause for respondent Board of Education of the Borough of Tenafly (Riker, Danzig, Scherer, Hyland & Perretti, attorneys, James S. Rothschild, of counsel and on the brief, Vito A. Gagliardi, Jr., on the letter brief).
Stephen M. Eisdorfer, Assistant Deputy Public Advocate, argued the cause for amicus curiae The Public Advocate of New Jersey (Wilfredo Caraballo, Public Advocate, attorney, Kevin H. Marino, Counsel to the Public Advocate, and Stephen M. Eisdorfer, on the brief).
Bernard K. Freamon, attorney for amici curiae The National Association for the Advancement of Colored People, the New Jersey State Conference of the NAACP, and the Bergen County Branch of the NAACP (Samuel L. Walters, Assistant General Counsel, NAACP, of counsel and on the brief).
Before Judges LONG, BAIME and THOMAS.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by LONG, J.A.D.
On this appeal from a decision of the State Board of Education, we are called upon to interpret the term "substantial negative impact" in N.J.S.A. 18A:38-13 (the statute which requires the approval of the Commissioner of Education before a sending-receiving relationship between two school districts may be severed); to revisit the so-called single community doctrine of Jenkins v. Tp. of Morris School...
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