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Board of Education v. Board of Education

Citations: 166 N.J. 604; 767 A.2d 483; 2000 N.J. LEXIS 1623

Court: Supreme Court of New Jersey; December 18, 2000; New Jersey; State Supreme Court

Narrative Opinion Summary

The Appellate Division of the Superior Court has granted a petition for certification concerning case A-1870-97T2. The certification is limited to a single issue: the allocation of responsibilities between the Commissioner of Education and the Englewood School District regarding the development and implementation of a voluntary plan aimed at achieving racial balance and educational quality at Dwight Morrow High School through magnet and specialty schools. This decision references the Resolution and Decision of the State Board of Education from October 7, 1998. Chief Justice Poritz and Justices Coleman, Verniero, and Zazzali are in agreement with the Order, while Justice Stein supports broader certification on all issues, and Justice LaVecchia opposes certification. Justice Long did not participate in the decision.

Legal Issues Addressed

Allocation of Responsibilities in Educational Governance

Application: The court addresses the division of responsibilities between the Commissioner of Education and the Englewood School District in creating and implementing a plan for racial balance and educational quality.

Reasoning: The certification is limited to a single issue: the allocation of responsibilities between the Commissioner of Education and the Englewood School District regarding the development and implementation of a voluntary plan aimed at achieving racial balance and educational quality at Dwight Morrow High School through magnet and specialty schools.

Judicial Review of Educational Policy Decisions

Application: The Appellate Division's decision to grant certification indicates judicial oversight regarding how educational policies are formulated and executed, specifically concerning state and district roles.

Reasoning: The Appellate Division of the Superior Court has granted a petition for certification concerning case A-1870-97T2.

Scope of Certification in Educational Appeals

Application: The court limited its review to the specific issue of responsibility allocation, despite differing opinions on whether broader aspects should be certified.

Reasoning: Chief Justice Poritz and Justices Coleman, Verniero, and Zazzali are in agreement with the Order, while Justice Stein supports broader certification on all issues, and Justice LaVecchia opposes certification.