ABBOTT v. BURKE

M-969/1372 September Term 2007,

960 A.2d 360 (2008)

196 N.J. 544

Raymond Arthur ABBOTT, a minor, by his Guardian Ad Litem, Frances Abbott; Arlene Figueroa, Frances Figueroa, Hector Figueroa, Orlando Figueroa and Vivian Figueroa, minors, by their Guardian Ad Litem, Blanca Figueroa; Michael Hadley, a minor, by his Guardian Ad Litem, Lola Moore; Henry Stevens, Jr., a minor, by his Guardian Ad Litem, Henry Stevens, Sr.; Caroline James and Jermaine James, minors, by their Guardian Ad Litem, Mattie James; Dorian Waiters and Khudayja Waiters, minors, by their Guardian Ad Litem, Lynn Waiters; Christina Knowles, Daniel Knowles and Guy Knowles, Jr., minors, by their Guardian Ad Litem, Guy Knowles, Sr.; Liana Diaz, a minor, by her Guardian Ad Litem, Lucila Diaz; Aisha Hargrove and Zakia Hargrove, minors, by their Guardian Ad Litem, Patricia Watson; and Lamar Stephens and Leslie Stephens, minors, by their Guardian Ad Litem, Eddie Stephens, Plaintiffs-Respondents and Cross-Movants, v. Fred G. BURKE, Commissioner of Education; Edward G. Hofgesang, New Jersey Director of Budget and Accounting; Clifford A. Goldman, New Jersey State Treasurer; and New Jersey State Board of Education, Defendants-Movants and Cross-Respondents.

Supreme Court of New Jersey.

Decided November 18, 2008.


Attorney(s) appearing for the Case

Robert J. Gilson, Director, Division of Law, Assistant Attorney General, argued the cause for movants and cross-respondents (Anne Milgram, Attorney General of New Jersey, attorney; Nancy Kaplen, Assistant Attorney General and Michelle Lyn Miller, Senior Deputy Attorney General, on the briefs).

David G. Sciarra, Executive Director, Education Law Center, argued the cause for respondents and cross-movants (Mr. Sciarra and Gibbons, attorneys; Mr. Sciarra, Elizabeth A. Athos, Theresa Luhm, Ellen Boylan, Avidan Y. Cover and Deborah G. Splansky, on the briefs).

Emily B. Goldberg submitted a brief on behalf of amicus curiae Urban Mayors' Association (Seton Hall University School of Law Center for Social Justice and American Civil Liberties Union of New Jersey Foundation, attorneys; Ms. Goldberg, Edward L. Barocas and Jeanne M. LoCicero, on the brief).

Cecilia M. Zalkind, Newark, submitted a brief on behalf of amicus curiae Association for Children of New Jersey.

Mary A. Ciccone submitted a brief on behalf of amici curiae Alliance for The Betterment of Citizens with Disabilities, The Brain Injury Association of New Jersey, New Jersey Protection & Advocacy, Inc., New Jersey Special Education Practitioners, Special Education Clinic at Rutgers University School of Law-Newark and Special Education Leadership Council of New Jersey.

Arnold Robinson, Millville, submitted a letter in lieu of brief on behalf of amicus curiae Millville Board of Education (Robinson, Andujar & Webb, attorneys).

Richard A. Friedman submitted a letter in lieu of brief on behalf of amicus curiae New Jersey Education Association (Zazzali, Fagella, Nowak, Kleinbaum & Friedman, attorneys).

Robert A. De Santo, Vineland, submitted certifications in lieu of brief on behalf of amicus curiae Vineland Board of Education (Gruccio, Pepper, De Santo & Ruth, attorneys).

Rafael C. Haciski, Cherry Hill, submitted a letter brief on behalf of amicus curiae Camden City School District (Wolf-Block, attorneys).

Richard E. Shapiro, Princeton, submitted a brief on behalf of amici curiae Boards of Education of City of Bridgeton, City of Burlington, City of East Orange, City of Elizabeth, Gloucester City, Keansburg Borough, Jersey City Public Schools, City of Passaic, State-Operated School District of Paterson, Pemberton Township, City of Perth Amboy, Town of Phillipsburg and City of Trenton.

Morris G. Smith, Collingswood, submitted a letter brief on behalf of amicus curiae New Jersey Black Issues Convention.

Perry L. Lattiboudere, General Counsel, submitted a letter brief on behalf of amicus curiae State Operated School District of the City of Newark.

Anna Maria Tejada submitted a letter in lieu of brief on behalf of amicus curiae Hispanic Directors Association of New Jersey (Kaufman Dolowich & Voluck, attorneys).

Stephen Eisdorfer, Princeton, submitted a brief on behalf of amicus curiae Dollar$ and Sense (Hill Wallack, attorneys).


PER CURIAM.

Since the early 1970s, pupils attending some of New Jersey's poorest school districts have come to the courts of this state to obtain fulfillment of their right to a thorough and efficient education guaranteed by the New Jersey Constitution. N.J. Const. art. VIII, § 4. This Court has enforced that constitutional guarantee for students in so-called "special needs" school districts since 1973, first in the Robinson v. Cahill litigation...

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