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J.A. v. BD. OF EDUC. FOR S. ORANGE

723 A.2d 1270 (1999)

J.A., for herself and on behalf of her minor niece, T.C., Petitioners-Appellants/Cross-Respondents, v. BOARD OF EDUCATION FOR the DISTRICT OF SOUTH ORANGE AND MAPLEWOOD, Respondent-Respondent/Cross-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided March 2, 1999.

As Amended On Reconsideration April 9, 1999.

Attorney(s) appearing for the Case

Ellen M. Boylan, Jersey City, for petitioners-appellants/cross-respondents (Education Law Center, Inc., attorneys; Ms. Boylan, on the brief).

David J. Dering, Elizabeth, for respondent-respondent/cross-appellant Board of Education for the District of South Orange and Maplewood (Leary, Bride, Tinker & Moran, Cedar Knolls and Schenck, Price, Smith & King, Morristown, co-attorneys; Glenn R. Moran, Cedar Knolls and Joanne L. Butler, Morristown, of counsel; Mr. Dering, Ms. Butler, and Mr. Moran, on the brief).

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

Patricia P. Perlmutter, Seton Hall University School of Law, Center for Social Justice, Civil Litigation Clinic, for amicus curiae American Civil Liberties Union of New Jersey (Ms. Perlmutter, on the brief).

Krystal A. Wilson, for amicus curiae New Jersey School Board Association.

Before Judges BROCHIN, KLEINER and STEINBERG.

The opinion of the court was delivered by BROCHIN, J.A.D.

J.A., a resident of South Orange, sought to have her niece, T.C., admitted to South Orange-Maplewood's Columbia High School without payment of tuition. The local board of education refused, claiming that she had not submitted the requisite documentation to prove compliance with the relevant statute, N.J.S.A. 18A:38-1. J.A. appealed the board's decision to the Commissioner of Education. She also sought...

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