ABBOTT BY ABBOTT v. BURKE


136 N.J. 444 (1994)

643 A.2d 575

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; CHRISTINA 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-APPELLANTS AND CROSS-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-RESPONDENTS AND CROSS-APPELLANTS.

The Supreme Court of New Jersey.

Decided July 12, 1994.


Attorney(s) appearing for the Case

Benjamin Clarke, Assistant Attorney General, argued the cause for respondents and cross-appellants (Deborah T. Poritz, Attorney General of New Jersey, attorney; Mr. Clarke and William C. Brown, Deputy Attorney General, on the briefs).

Paul L. Tractenberg and Marilyn J. Morheuser argued the cause for appellants and cross-respondents (Ms. Morheuser, attorney; Jonathan Feldman, of counsel; Ms. Morheuser, Mr. Feldman and Valerie M. Van Baaren, on the briefs).

Lawrence S. Lustberg argued the cause for amicus curiae The League of Women Voters of New Jersey (Crummy, Del Deo, Dolan, Griffinger & Vecchione, attorneys; Mr. Lustberg and Jonathan Romberg, on the brief).

Stephen B. Wiley argued the cause for amicus curiae Foundation Aid Districts Association (Wiley, Malehorn & Sirota, attorneys; Mr. Wiley and James M. McCreedy, on the brief).

Richard A. Friedman submitted a brief on behalf of amicus curiae New Jersey Education Association (Zazzali, Zazzali, Fagella & Nowak, attorneys).


PER CURIAM.

We affirm the judgment of the Chancery Division declaring unconstitutional the Quality Education Act (the Act or QEA), N.J.S.A. 18A:7D-1 to -37. Our decision is based on the Act's failure to assure parity of regular education expenditures between the special needs districts and the more affluent districts. The State informs us that it does not anticipate that the Act in its present form will continue to...

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