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BACON v. STATE DEPT. OF EDUC.

942 A.2d 827 (2008)

398 N.J. Super. 600

Rosalie BACON, individually and on behalf of G.P., Z.P., J.B., J.B., M.B., D.B., and Z.H.; Joseph Baruffi, individually and on behalf of J.B.; Elizabeth Cullen, individually and on behalf of T.C.; Edie Riley, individually and on behalf of S.R.; Arnetta Ridgeway and Christopher Glass, individually and on behalf of J.G., F.G., and D.G.; Commercial, Hammonton, Little Egg Harbor, Maurice River, Ocean, Quinton, Salem City, Upper Deerfield, and Wallington School Districts, Petitioners, and Buena Regional, Clayton, Egg Harbor City, Fairfield, Lakehurst, Lakewood, Lawrence, and Woodbine School Districts, Petitioners-Appellants, v. NEW JERSEY STATE DEPARTMENT OF EDUCATION, Respondent-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided March 14, 2008.

Attorney(s) appearing for the Case

Kathy Balin argued the cause for appellants (Jacob & Chiarello, L.L.C., attorneys; Frederick A. Jacob, Millville, on the briefs).

Michael C. Walters, Deputy Attorney General, argued the cause for respondent (Anne Milgram, Attorney General, attorney; Nancy Kaplen, Assistant Attorney General, of counsel; Mr. Walters, on the brief).

Elizabeth Athos argued the cause for amicus curiae Education Law Center (Education Law Center and Gibbons, Del Deo, Dolan, Griffinger & Vecchione, attorneys; Lawrence S. Lustberg and Ms. Athos, on the brief).

Before Judges PARRILLO, GRAVES and ALVAREZ.

The opinion of the court was delivered by

PARRILLO, J.A.D.

Eight rural and poor school districts appeal from a final decision of the New Jersey State Board of Education (Board) which found their circumstances mirrored those of numerous poor, urban school districts presently receiving remedial relief in accordance with a series of Supreme Court decisions, commonly known as the Abbott decisions, yet failed to require that same remedial relief for appellants...

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