G.D.M. v. BD. OF EDUC. OF RAMAPO

Docket No. A-0953-10T1

48 A.3d 378 (2012)

427 N.J. Super. 246

G.D.M. and T.A.M., Individually and on Behalf of Minor Child B.M.M., Petitioners-Respondents/Cross-Appellants, v. BOARD OF EDUCATION OF THE RAMAPO INDIAN HILLS REGIONAL HIGH SCHOOL DISTRICT, Bergen County, Respondent-Appellant/Cross-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided July 24, 2012.


Attorney(s) appearing for the Case

Stephen R. Fogarty , Fairlawn, argued the cause for appellant/cross-respondent (Fogarty & Hara, attorneys; Mr. Fogarty , of counsel; Mr. Fogarty and Cameron R. Morgan , on the briefs).

Gregory D. Meese , Woodcliff Lake, argued the cause for respondents/cross-appellants (Price, Meese, Shulman & D'Arminio, P.C., attorneys; Mr. Meese , of counsel and on the briefs).

Jeffrey S. Chiesa , Attorney General, attorney for respondent Acting Commissioner of Education ( Christopher Huber , Deputy Attorney General, on the statement in lieu of brief).

Joseph F. Betley , Mt. Laurel , argued the cause for amicus curiae Haddonfield Board of Education (Capehart & Scatchard, P.A., attorneys; Mr. Betley and Kelly M. Estevam , on the brief).

Edward J. Sholinsky argued the cause for amicus curiae American Civil Liberties Union of New Jersey (Schnader Harrison Segal & Lewis LLP, Cherry Hill, attorneys; Mr. Sholinsky , on the brief).

Beth L. Finkelstein , Trenton, argued the cause for amicus curiae New Jersey Association of School Administrators.

Cynthia J. Jahn , General Counsel, attorney for amicus curiae New Jersey School Boards Association (Ms. Jahn and Donna M. Kaye , Senior Associate Counsel, on the brief).

Before Judges FUENTES, KOBLITZ and HAAS.


The opinion of the court was delivered by

FUENTES, P.J.A.D.

This appeal presents a facial challenge to the validity of a regulation promulgated by the Board of Education of the Ramapo Indian Hills Regional High School District (Board) that seeks to control student conduct not only at school or during school-related functions and activities, but at all other times and places. Regulation 6145, entitled "Extracurricular Activities," asserts this control by conditioning...

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