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Board of Education of Borough of Englewood Cliffs v. Board of Education

New Jersey Supreme Court


Decided: June 9, 1993.

BOARD OF EDUCATION OF THE BOROUGH OF ENGLEWOOD CLIFFS, BERGEN COUNTY, PETITIONER-APPELLANT AND CROSS-RESPONDENT,
v.
BOARD OF EDUCATION OF THE CITY OF ENGLEWOOD, BERGEN COUNTY, RESPONDENT-RESPONDENT AND CROSS-APPELLANT, V. BOARD OF EDUCATION OF THE BOROUGH OF TENAFLY, BERGEN COUNTY, CROSS-RESPONDENT-APPELLANT AND CROSS-RESPONDENT, AND A.S., BY HER GUARDIAN AD LITEM R.S., INTERVENOR

On appeal from and on certification to the Superior Court, Appellate Division, whose opinion is[Table] (1992).

For affirmance -- Chief Justice Wilentz and Justices Clifford, Handler, O'Hern and Stern and Judges Michels and King. Justices Pollock and Garibaldi did not participate.

Per Curiam

[132 NJ Page 329]

We affirm the judgment below, including the order requiring a regionalization study, substantially for the reasons set forth in Judge Long's comprehensive opinion reported at 257 N.J. Super. 413, 608 A.2d 914 (1992). We are satisfied that such a study is authorized under the broad powers vested in the State Board of Education. As the Appellate Division noted, "It is hard for us to imagine any reasonable person challenging the power of the Board to 'study' an issue committed to its overall authority." Id. at 482, 608 A.2d 914.

In reaching that Conclusion we find it unnecessary to consider whether the State Board of Education has the authority to require regionalization in this case or whether a court may require regionalization as a judicial remedy. We neither express nor imply any position or opinion on the regionalization issue itself, and specifically emphasize that our affirmance of the authority of the State Board of Education to undertake such a regionalization study must not be taken to express or imply any view of the Court on the administrative or judicial power to require inter-district regionalization.

[132 NJ Page 330]

For affirmance -- Chief Justice WILENTZ and Justices CLIFFORD, HANDLER, O'HERN and STEIN and Judges MICHELS and KING -- 7.

Justices POLLOCK and GARIBALDI did not participate.

19930609


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