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FORSTROM v. BYRNE

775 A.2d 65 (2001)

Howard FORSTROM, individually and on behalf of his minor son, Gregory Forstrom, Plaintiff-Respondent, v. Robert BYRNE, in his official capacity as Superintendent of the Fair Lawn Public Schools, and the Board of Education for the Borough of Fair Lawn, Defendants-Respondents, and New Jersey Department of Education, Intervenor-Appellant. Howard Forstrom, individually and on behalf of his minor son, Gregory Forstrom, Plaintiff-Respondent, v. Robert Byrne, in his official capacity as Superintendent of the Fair Lawn Public Schools, and the Board of Education for the Borough of Fair Lawn, Defendants-Appellants, New Jersey Department of Education, Intervenor-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided May 21, 2001.

Attorney(s) appearing for the Case

Brian J. Duff argued for appellants Robert Byrne and Board of Education for the Borough of Fair Lawn in A-2886-99T2 (Lamb, Hartung, Kretzer, Reinman & DePascale, attorneys; Mr. Duff, on the brief).

David E. Gordon (Home School Legal Defense Association) of the Tennessee bar, admitted pro hac vice, argued the cause for respondent Howard Forstrom in A-2731-99T2 and A-2886-99T2 (Michael P. Farris, Mr. Gordon, and Russell Teschon, on the brief).

Todd J. Schwartz, Assistant Attorney General, argued the cause for intervenor in A-2731-99T2 (John J. Farmer, Jr., Attorney General, attorney; Nancy Kaplen, Assistant Attorney General, of counsel; Arlene Goldfus Lutz, Deputy Attorney General, on the brief).

Before Judges KEEFE, EICHEN and STEINBERG.

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

In these appeals, which we consolidate for the purpose of issuing our opinion, the issue presented is whether a child who is educated at home is entitled to federal and state funded speech therapy services. We hold that current State education law, which differentiates between nonpublic school students and home-schooled students with respect to providing funds for speech...

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