ABBOTT EX REL. ABBOTT v. BURKE

M-969/1372 September Term 2007.

971 A.2d 989 (2009)

199 N.J. 140

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.

Argued September 22, 2008.

Remanded November 18, 2008.

Master's Report filed March 26, 2009.

Re-argued April 28, 2009.


Attorney(s) appearing for the Case

Anne Milgram, Attorney General of New Jersey, argued the cause for movants and cross-respondents (Ms. Milgram, attorney; Robert J. Gilson, Director, Division of Law, Assistant Attorney General and Nancy Kaplen, Assistant Attorney General, of counsel; Ms. Milgram and Kevin R. Jespersen, 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 M. Boylan, Avidan Y. Cover, and Deborah G. Splansky, on the briefs).


Justice LaVECCHIA delivered the opinion of the Court.

One of the fundamental responsibilities of the State is to provide a public education for its children. The New Jersey Constitution requires that

[t]he Legislature shall provide for the maintenance and support of a thorough and efficient system of free public schools for the instruction of all the children in the State between the ages of five and eighteen years. [N.J. Const. art. VIII...

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