A.M.S. EX REL. A.D.S. v. BOARD

No. A-4193-07T2

976 A.2d 402 (2009)

409 N.J. Super. 149

A.M.S., on behalf of minor child, A.D.S., Petitioner-Respondent, v. BOARD OF EDUCATION OF the CITY OF MARGATE, Atlantic County, Respondent-Appellant, and Board of Education of the Township of Jackson, Ocean County, Respondent-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided August 6, 2009.


Attorney(s) appearing for the Case

Capehart & Scatchard, P.A., Mt. Laurel, attorneys for appellant (Robert A. Muccilli, on the brief).

Hinkle, Fingles & Prior, attorneys for respondent A.M.S. (Ira M. Fingles, on the brief).

Schwartz, Simon, Edelstein, Celso & Kessler, L.L.C., Morristown, attorneys for respondent Board of Education of the Township of Jackson (Marc H. Zitomer, of counsel and on the brief; Joseph L. Roselle, on the brief).

Anne Milgram, Attorney General, attorney for respondent State Board of Education (Cynthia Raymond Rimol, Deputy Attorney General, on the statement in lieu of brief).

Before JUDGES LISA, SAPP-PETERSON, and ALVAREZ.


The opinion of the court was delivered by

SAPP-PETERSON, J.A.D.

Respondent, the Board of Education of the City of Margate (Board), appeals from the final decision of the State Board of Education (State Board) finding that A.D.S. is entitled to a free public education as a domiciled student of Margate and directing the Board to "take such steps as are necessary to provide [A.D.S.] with the free public education to...

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