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L.W. EX REL. L.G. v. TOMS RIVER REG. SCHOOLS BD.

886 A.2d 1090 (2005)

381 N.J. Super. 465

L.W., a Minor, by his Parent and Guardian, L.G., and L.G., Individually, Complainants-Respondents, v. TOMS RIVER REGIONAL SCHOOLS BOARD OF EDUCATION, Respondent-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided December 7, 2005.

Attorney(s) appearing for the Case

Thomas E. Monahan, Toms River, argued the cause for appellant (Gilmore & Monahan, attorneys; Michael J. Gilmore, on the brief).

James R. Michael, Deputy Attorney General, argued the cause for respondents, New Jersey Division on Civil Rights (Peter C. Harvey, Attorney General of New Jersey, attorney; Andrea M. Silkowitz, Assistant Attorney General, of counsel; Mr. Michael, on the brief).

Gitanjali S. Gutierrez, Newark, argued the cause for amicus curiae American Civil Liberties Union of New Jersey, Association for Children of New Jersey, Education Law Center, Gay Lesbian and Straight Education Network of Northern New Jersey, National Conference for Community and Justice (NJ), New Jersey Family Voices, Roxbury Parents for Exceptional Children, and Statewide Parents Advocacy Network of New Jersey (Gibbons, Del Deo, Dolan, Griffinger & Vecchione, attorneys; Lawrence S. Lustberg, Edward L. Barocas, Jeanne LoCicero and Ms. Gutierrez, on the brief).

Before Judges A.A. RODRÍGUEZ, ALLEY and YANNOTTI.

The opinion of the court was delivered by

YANNOTTI, J.A.D.

The Toms River Regional Schools Board of Education (school district or district) appeals from a final determination of the Director of the Division on Civil Rights (Director) finding that the district violated the Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49, because complainant L.W. was subjected to discrimination and harassment by other students on the basis of his perceived sexual...

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