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ASBURY PARK BD. OF EDUC. v. N.J. DOE

849 A.2d 1074 (2004)

369 N.J. Super. 481

ASBURY PARK BOARD OF EDUCATION, Keansburg Board of Education, Passaic Board of Education, Phillipsburg Board of Education, and Trenton Board of Education, Petitioners-Appellants, v. NEW JERSEY DEPARTMENT OF EDUCATION, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided January 26, 2004.

Attorney(s) appearing for the Case

Richard E. Shapiro, Princeton, argued the cause for appellants.

Michelle Lyn Miller, Senior Deputy Attorney General, argued the cause for respondent (Peter C. Harvey, Attorney General, attorney; Nancy Kaplen, Assistant Attorney General, of counsel; Ms. Miller, on the brief).

David G. Sciarra, argued the cause for amicus curiae Education Law Center.

Before Judges SKILLMAN, COBURN and WELLS.

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

This appeal involves the validity of regulations adopted by the Commissioner of Education that govern the determination of the amount of additional supplemental State aid to be disbursed to Abbott school districts in 2003-04. Appellants' primary contention is that those regulations conflict in various respects with an order that the Supreme Court issued on July 23, 2003. We conclude that the regulations...

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