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MILLVILLE BD. OF ED. v. N.J. DEPT. OF ED.

843 A.2d 338 (2004)

367 N.J. Super. 417

MILLVILLE BOARD OF EDUCATION, Appellant, v. NEW JERSEY DEPARTMENT OF EDUCATION, Respondent. Board of Education of Pemberton Township, Appellant, v. New Jersey Department of Education, Respondent. Phillipsburg Board of Education, Appellant, v. New Jersey Department of Education, Respondent. Neptune Township Board of Education, Appellant, v. New Jersey Department of Education, Respondent.

Superior Court of New Jersey, Appellate Division.

Decided March 12, 2004.

Attorney(s) appearing for the Case

Richard E. Shapiro, Princeton, argued the cause for appellants, Board of Education of Pemberton Township, Phillipsburg Board of Education and Neptune Township Board of Education.

Robinson & Andujar, Millville, for appellant, Millville Board of Education (Arnold Robinson, on the brief).

Michele Lyn Miller, Deputy Attorney General argued the cause for respondent (Peter C. Harvey, Attorney General; Nancy Kaplen, Assistant Attorney General, of counsel; Kimberly Lake Franklin and Michael C. Walters, Deputy Attorneys General, on the brief).

Before Judges SKILLMAN, WELLS and FISHER.

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

These consolidated appeals require this court to consider whether preschool programs required by Abbott v. Burke, 153 N.J. 480, 710 A.2d 450 (1998) (Abbott V) must be funded exclusively by the State. The Commissioner of Education concluded that neither the Supreme Court's mandating of preschool programs in Abbott V, nor the...

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