IN RE TEAM ACAD. CHARTER SCHOOL

A-45 September Term 2019 083014.

252 A.3d 1008 (2021)

247 N.J. 46

IN RE RENEWAL APPLICATION OF TEAM ACADEMY CHARTER SCHOOL. In re Renewal Application of Robert Treat Academy Charter School. In re Renewal Application of North Star Academy Charter School of Newark. In re Amendment Request to Increase Enrollment of Maria L. Varisco-Rogers Charter School. In re Amendment Request to Increase Enrollment of University Heights Charter School. In re Amendment Request to Increase Enrollment of Great Oaks Legacy Charter School. In re Amendment Request to Increase Enrollment of New Horizons Community Charter School.

Supreme Court of New Jersey.

Decided June 22, 2021.


Attorney(s) appearing for the Case

David G. Sciarra argued the cause for appellant Education Law Center (Pashman Stein Walder Hayden and Education Law Center, attorneys; Michael S. Stein , Brendan M. Walsh , Ranit S. Shiff , Hackensack, David G. Sciarra , Elizabeth A. Athos , and Jessica A. Levin , on the briefs).

Donna Arons , Assistant Attorney General, argued the cause for respondent New Jersey Commissioner of Education ( Gurbir S. Grewal , Attorney General, attorney; Melissa Dutton Schaffer and Melissa H. Raksa , Assistant Attorneys General, and Donna Arons , of counsel, and Geoffrey N. Stark , Christopher Weber , Lauren A. Jensen , and Aimee Blenner , Deputy Attorney Generals, on the briefs).

Thomas O. Johnston argued the cause for respondents TEAM Academy Charter School, Robert Treat Academy Charter School, North Star Academy Charter School of Newark, University Heights Charter School, Great Oaks Legacy Charter School, and New Horizons Community Charter School (Johnston Law Firm, attorneys; Thomas O. Johnston , of counsel and on the briefs, Barbara J. Bohi and Rula A. Moor , on the briefs).

Joel M. Miklacki argued the cause for respondent Maria L. Varisco-Rogers Charter School (Law Offices of Joel M. Miklacki, attorneys); Adam S. Herman , Newark, and Daniel Schlein , on the brief (Adams Gutierrez & Lattiboudere).

Brenda C. Liss argued the cause for amicus curiae Board of Education of the City of Newark (Newark Board of Education Office of General Counsel, attorneys; Brenda C. Liss , of counsel and on the briefs, and Arsen Zartarian and Elijah Johnson, Jr. , on the briefs).

Michael R. Noveck argued the cause for amicus curiae American Civil Liberties Union of New Jersey (Gibbons and American Civil Liberties Union of New Jersey Foundation, attorneys; Lawrence S. Lustberg , Michael R. Noveck , Alexander Shalom , Karen D. Thompson , Newark, and Jeanne LoCicero , on the brief).

Justin Schwam argued the cause for amici curiae American Federation of Teachers, AFL-CIO; AFT New Jersey, AFL-CIO; Newark Teachers Union, AFT, AFL-CIO (Weissman & Mintz, attorneys; Justin Schwam , of counsel and on the brief, and Steven P. Weissman , on the brief).

Paul P. Josephson argued the cause for amici curiae New Jersey Public Charter Schools Association and New Jersey Children's Foundation ( Duane Morris , attorneys; Paul P. Josephson , and Joseph M. Casole , Cherry Hill, on the brief).

William C. Morlok submitted a brief on behalf of amicus curiae Franklin Township Board of Education (Parker McCay, attorneys; William C. Morlok , Mount Laurel, on the brief).

Philip E. Stern submitted a brief on behalf of amicus curiae Plainfield Board of Education (DiFrancesco, Bateman, Kunzman, Davis, Lehrer & Flaum, attorneys; Philip E. Stern , Newark, and Amy A. Pujara , on the brief).

Ronald C. Hunt submitted a brief on behalf of amici curiae Paterson Board of Education and Irvington Board of Education (Hunt, Hamlin & Ridley, attorneys; Ronald C. Hunt , Newark, of counsel and on the brief).

Ezra Rosenberg submitted a brief on behalf of amici curiae Lawyers' Committee for Civil Rights Under Law and Constitutional and Education Law Scholars (Lawyers' Committee for Civil Rights Under Law, attorneys; Ezra Rosenberg , David Hinojosa , of the Texas and New Mexico bars, admitted pro hac vice, and Genevieve Bonadies Torres , of the California and District of Columbia bars, admitted pro hac vice, on the brief).


This appeal arises from seven Newark charter schools' applications to the New Jersey Commissioner of Education (Commissioner) to amend or renew their charters pursuant to the Charter School Program Act of 1995 (Charter School Act), N.J.S.A. 18A:36A-1 to -18. All of the charter schools sought...

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