Raymond Arthur ABBOTT, a minor, by his Guardian Ad Litem, Frances ABOTT; 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-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-Respondents.
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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, Jersey City Public Schools, City of Perth Amboy, Town of Phillipsburg, and City of Trenton.
John D. Rue submitted a brief on behalf of amici curiae Disability Rights New Jersey, Alliance for the Betterment of Citizens with Disabilities, Cherry Hill Special Education Parent Teacher Association, New Jersey Down Syndrome Government Affairs Committee, New Jersey Speech-Language-Hearing Association, Special Education Clinic at Rutgers University School of Law-Newark, Special Education Leadership Council, and Statewide Parent Advocacy Network (White & Case, attorneys; Mr. Rue, Jayashree Mitra , a member of the New York bar, and Mary A. Ciccone , on the brief).
Avidan Y. Cover submitted a brief on behalf of amici curiae New Jersey State Conference of the NAACP, New Jersey Black Issues Convention, and Paterson Education Fund (Seton Hall University School of Law Center for Social Justice, attorney).
Arsen S. Zartarian , Deputy General Counsel, submitted a letter brief on behalf of amicus curiae State-operated School District of the City of Newark.
Kathleen Naprstek Cerisano , Newark, submitted a letter brief on behalf of amicus curiae New Jersey Education Association (Zazzali, Fagella, Nowak, Kleinbaum & Freidman, attorneys).
Supreme Court of New Jersey.
Justice LaVECCHIA delivered the opinion of the Court.
The schoolchildren who comprise the plaintiff class in the Abbott v. Burke litigation have been denominated victims of a violation of constitutional magnitude for more than twenty years.1 Because of the severity of their constitutional deprivation, that class of pupils was determined to be deserving of special treatment from the State. Remedial orders were imposed to provide...
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