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ATLANTIC CITY EDUC. ASS'N v. BD. OF EDUC.

299 N.J. Super. 649 (1997)

ATLANTIC CITY EDUCATION ASSOCIATION AND ATLANTIC CITY HEAD CUSTODIANS' ASSOCIATION, PETITIONERS-RESPONDENTS, v. BOARD OF EDUCATION OF THE CITY OF ATLANTIC CITY, RESPONDENT-APPELLANT. KEYPORT TEACHERS' ASSOCIATION, PETITIONER-RESPONDENT, v. BOARD OF EDUCATION OF THE BOROUGH OF KEYPORT, RESPONDENT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided April 17, 1997.

Attorney(s) appearing for the Case

George G. Frino and Joseph M. Jacobs, attorneys for appellant Board of Education of the City of Atlantic City (Mr. Frino, on the brief).

Perillo & Rosenberger, attorneys for appellant Board of Education of the Borough of Keyport (Salvatore Perillo, on the brief).

Zazzali, Zazzali, Fagella & Nowak, attorneys for respondents Atlantic City Education Association, Atlantic City Head Custodians' Association and Keyport Teachers' Association (Richard A. Friedman, on the brief).

Peter Verniero, Attorney General of New Jersey, attorney for State Board of Education (Joseph L. Yannotti, Assistant Attorney General, of counsel; Arlene Goldfus Lutz, Deputy Attorney General, on the brief).

Before Judges STERN, HUMPHREYS and WECKER.

The opinion of the Court was delivered by HUMPHREYS, J.A.D.

The State Board of Education decided that the health benefits plans established by the Atlantic City and Keyport Boards of Education constituted self-insurance, contrary to N.J.S.A. 18A:16-13. This statute requires boards of education to contract with an insurance company for such benefits. The Atlantic City and Keyport Boards appeal the Commissioner's decision. They contend that the statute permits...

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