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

849 A.2d 1086 (2004)

369 N.J. Super. 500

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 February 27, 2004.

Attorney(s) appearing for the Case

Richard E. Shapiro, Princeton, for appellants.

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

David G. Sciarra, 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, which involves the validity of regulations adopted by the Commissioner of Education to govern the determination of additional supplemental State aid to be disbursed to Abbott school districts in 2003-04, is before us for the second time. Appellants' primary argument is that the definition of "maintenance budget" in those regulations conflicts with the definition of that term in an order issued...

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