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IN RE 1999-2000 ABBOTT v. BURKE IMPLEMENTING REGULATIONS

792 A.2d 412 (2002)

348 N.J. Super. 382

IN RE the Matter of the 1999-2000 ABBOTT v. BURKE IMPLEMENTING REGULATIONS, N.J.A.C. 6:19A-1.1 et seq.

Superior Court of New Jersey, Appellate Division.

Decided February 22, 2002.

Attorney(s) appearing for the Case

David G. Sciarra, Executive Director, argued the cause for appellants (Education Law Center, attorneys; Mr. Sciarra, on the brief).

Michelle Lynn Miller, Deputy Attorney General, argued the cause for respondent, Department of Education (John J. Farmer, Jr., Attorney General of New Jersey, attorney; Nancy Kaplan, Assistant Attorney General, of counsel; Ms. Miller on the brief).

Zazzali, Zazzali, Fagella & Nowak, attorneys for Amicus Curiae New Jersey Education Association (Richard A. Friedman, on the brief).

Before Judges HAVEY, COBURN and WEISSBARD.

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

Appellants, a group of children who attend public schools in special needs districts designated as "Abbott districts," challenge the constitutionality of regulations promulgated by the Department of Education (DOE) pursuant to the Supreme Court's directives in Abbott v. Burke, 153 N.J. 480, 710 A.2d 450

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