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-MOVANTS,
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.
The Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued March 4, 1997.
Decided May 14, 1997.
Attorney(s) appearing for the Case
David G. Sciarra and Paul L. Tractenberg argued the cause for movants (Mr. Sciarra, attorney; Mr. Sciarra, Mr. Tractenberg, Lawrence S. Lustberg, and James E. Ryan, on the briefs).
Peter Verniero, Attorney General of New Jersey, argued the cause for respondents (Mr. Verniero, attorney; Jaynee LaVecchia, Assistant Attorney General, of counsel; Nancy Kaplen, Michelle Lyn Miller, and Peter D. Wint, Deputy Attorneys General, on the briefs).
Douglas S. Eakeley argued the cause for amicus curiae The League of Women Voters of New Jersey (Lowenstein, Sandler, Kohl, Fisher & Boylan, attorneys; Mr. Eakeley and Marjorie A. Adams, on the brief).
Denise Mullens Carter argued the cause for amicus curiae New Jersey Black Issues Convention, Inc. (Roche & Carter, attorneys).
Cecilia M. Zalkind submitted a brief on behalf of amicus curiae Association for Children of New Jersey (Ms. Zalkind, attorney; H. Kit Ellenbogen, Nancy D. Feldman, and Cynthia C. Rice, on the brief).
Paulette Brown submitted a brief on behalf of amicus curiae Black Ministers Council of New Jersey (Brown Lofton Childress & Wolfe, attorneys).
Richard A. Friedman submitted a brief on behalf of amicus curiae New Jersey Education Association (Zazzali, Zazzali, Fagella & Nowak, attorneys; Mr. Friedman and Aileen M. O'Driscoll, on the brief).
David H. Coates and Vincent C. DeMaio submitted a brief on behalf of amicus curiae Foundation Aid Districts Association (Turp, Coates, Essl & Diggers and DeMaio & DeMaio, attorneys).
Ronald I. Bloom submitted a brief on behalf of amicus curiae Galloway Township (Vasser, Spitalnick & Bloom, attorneys).
Joseph Charles, Jr., submitted a brief on behalf of amicus curiae New Jersey Legislative Black and Latino Caucus.
Michelle Hollar-Gregory, Corporation Counsel, submitted a brief on behalf of amicus curiae City of Newark.
Eugene G. Liss submitted a brief on behalf of amicus curiae Newark Teachers Union, Local 481 A.F.T., A.F.L.-C.I.O.
Victor E.D. King submitted a brief on behalf of amicus curiae Board of Education of the City of Plainfield, Union County (King, King and Goldsack, attorneys).
Margaret C. Murphy, Counsel, submitted a brief on behalf of amicus curiae New Jersey Association of School Administrators.
Cynthia J. Jahn, Director, Legal Department, submitted a brief on behalf of amicus curiae New Jersey School Boards Association (Ms. Jahn, attorney; Michael F. Kaelber and Donna M. Kaye, on the brief).
Stephen Eisdorfer submitted a statement in lieu of brief on behalf of amici curiae Middlesex Somerset Mercer Regional Council, Affordable Housing Network of New Jersey, Association of New Jersey Environmental Commissions, Civic League of Greater New Brunswick, Isles, Inc., New Jersey Chapter of the American Planning Association, and New Jersey Environmental Lobby (Hill Wallack, attorneys).
The Supreme Court of New Jersey.
The opinion of the Court was delivered by HANDLER, J.
Plaintiffs are children attending public schools in school districts located in poor urban areas, classified as "special needs districts." For many years they have been denied their constitutional right to a thorough and efficient education. We previously held that in the absence of legislation that would assure a constitutionally adequate education, these school children are entitled to judicial relief directed...
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