ABBOTT EX REL. ABBOTT v. BURKE


748 A.2d 82 (2000)

163 N.J. 95

Raymond 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.

Supreme Court of New Jersey.

Decided March 7, 2000.


Attorney(s) appearing for the Case

David G. Sciarra, Executive Director, Education Law Center, and Paul L. Tractenberg, Newark, for plaintiffs-movants (Mr. Sciarra, Edison, attorney; Mr. Tractenberg and David B. Thronson, Newark, on the briefs).

John J. Farmer, Jr., Attorney General of New Jersey, for defendants-respondents (Mr. Farmer, attorney; Jeffrey J. Miller, Assistant Attorney General, of counsel; Nancy Kaplen, Assistant Attorney General, and Michelle Lyn Miller, Deputy Attorney General, on the briefs).

Richard E. Shapiro, Princeton, for amici curiae City of Asbury Park Board of Education, City of Elizabeth Board of Education and City of Passaic Board of Education.

Cecelia M. Zalkind, for amicus curiae Association for Children of New Jersey.

Joseph Charles, Jr., Jersey City, submitted a brief on behalf of amicus curiae New Jersey Legislative Black and Latino Caucus.

Paulette Brown, Newark, submitted a brief on behalf of amicus curiae Black Ministers Council of New Jersey (Brown & Childress, attorneys, East Orange).

Melissa Vance Kirsch, Counsel, Trenton, submitted a letter brief on behalf of amicus curiae New Jersey Association of School Administrators.

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

Robert S. Baumol, Teaneck, and Maxim Thorne, Patterson, submitted a letter brief on behalf of amici curiae New Jersey Headstart Association and National Association for the Advancement of Colored People (John D. Atlas, Executive Director, Passaic County Legal Aid Society, attorney).

Michaelene Loughlin and Lenora M. Lapidus, Newark, submitted a letter brief on behalf of amicus curiae Newark Emergency Committee to Save Childcare (Loughlin & Latimer, attorneys, Hackensack).

Joseph S. Sherman, Secaucus, submitted a letter brief on behalf of amicus curiae West New York Board of Education (Scarinci & Hollenbeck, attorneys).


The opinion of the Court was delivered by PORITZ, C.J.

Nineteen months ago, this Court accepted the commitment made by the Commissioner of Education to undertake, in good faith, broad-based educational reform in New Jersey's poor, urban school districts (the "Abbott districts"). Abbott v. Burke, 153 N.J. 480, 710 A.2d 450 (1998) (Abbott V). In...

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