M.A. EX REL. E.S. v. STATE SCHOOL DIST. NEWARK

No. 02-1799.

344 F.3d 335 (2003)

M.A., on behalf of E.S., M.A., A.T. on behalf of G.T., A.T., G.L. on behalf A.O., G.L., H.M. on behalf M.M., H.M., O.J. on behalf of O.D.J., O.J., A.E. on behalf of A.J.E. and A.E., individually and on behalf of all others similarly situated, Appellees, v. STATE-OPERATED SCHOOL DISTRICT OF THE CITY OF NEWARK; New Jersey Department of Education; Vito A. Gagliardi, Sr., in his individual capacity; William L. Librera, Commissioner, New Jersey Department of Education, in his official capacity; Barbara Gantwerk, Director, Office of Special Education Programs, New Jersey Department of Education, in her official and individual capacities; Melinda Zangrillo, Coordinator of Compliance, Office of Special Education Programs, New Jersey Department of Education, in her official and individual capacities, Appellants, United States of America (Intervenor in D.C.).

United States Court of Appeals, Third Circuit.

Filed September 16, 2003.


Attorney(s) appearing for the Case

Peter C. Harvey, Attorney General of New Jersey, Patrick DeAlmeida (argued), Michael Lombardi, Todd Schwartz, Deputy Attorneys General, R.J. Hughes Justice Complex, Trenton, NJ, for Appellants.

Ruth Deale Lowenkron (argued), Jennifer Weiser, Newark, NJ, Lawrence Lustberg, Shavar D. Jeffries, Gibbons, Del Deo, Dolan, Griffinger & Vecchione, Newark, NJ, for Appellees.

Sarah E. Harrington, Kevin Russell (argued), Civil Rights Division, United States Department of Justice, Washington, DC, for Intervenor.

Before SLOVITER, FUENTES, Circuit Judges, and FULLAM, District Judge.


ORDER

OPINION OF THE COURT

FUENTES, Circuit Judge.

The present appeal is the latest chapter in the longstanding feud between citizens, public interest groups, municipal officials, and state agencies over the provision of public education in the City of Newark. In an earlier chapter, the New Jersey Department of Education ("NJDOE") determined that the Newark Board of Education had failed to provide a thorough and efficient system of education and...

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