NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION
SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
DOCKET NO. A-2460-05T12460-05T1
ROSALIE BACON, individually
and on behalf of G.P., Z.P.,
J.B., J.B., M.B., D.B., and
Z.H.; JOSEPH BARUFFI,
individually and on behalf
of J.B.; ELIZABETH CULLEN,
individually and on behalf
of T.C.; EDIE RILEY, individually
and on behalf of S.R.; ARNETTA
RIDGEWAY and CHRISTOPHER GLASS,
individually and on behalf of
J.G., F.G., and D.G.; COMMERCIAL,
HAMMONTON, LITTLE EGG HARBOR,
MAURICE RIVER, OCEAN, QUINTON,
SALEM CITY, UPPER DEERFIELD, and
WALLINGTON SCHOOL DISTRICTS,
Petitioners,
and
BUENA REGIONAL, CLAYTON, EGG
HARBOR CITY, FAIRFIELD, LAKEHURST,
LAKEWOOD, LAWRENCE, and WOODBINE
SCHOOL DISTRICTS,
Petitioners-Appellants,
v.
NEW JERSEY STATE DEPARTMENT
OF EDUCATION,
Respondent-Respondent.
Argued December 3, 2007 - Decided
Before Judges Parrillo, Graves and Alvarez.
On appeal from the State Board of Education, OAL Docket Nos. EDU 2637-00, EDU 2638-00, EDU 2639-00, EDU 2640-00, EDU 2641-00, EDU 2642-00, EDU 2643-00, EDU 2644-00, EDU 2645-00, EDU 2646-00, EDU 2649-00, EDU 2650-00, EDU 2651-00, EDU 2652-00, EDU 2654-00, EDU 2655-00, and EDU 2656-00.
Kathy Balin argued the cause for appellants (Jacob & Chiarello, L.L.C., attorneys; Frederick A. Jacob, on the briefs).
Michael C. Walters, Deputy Attorney General, argued the cause for respondent (Anne Milgram, Attorney General, attorney; Nancy Kaplen, Assistant Attorney General, of counsel; Mr. Walters, on the brief).
Elizabeth Athos argued the cause for amicus curiae Education Law Center (Education Law Center and Gibbons, Del Deo, Dolan, Griffinger & Vecchione, attorneys; Lawrence S. Lustberg and Ms. Athos, on the brief).
The opinion of the court was delivered by
PARRILLO, J.A.D.
Eight rural and poor school districts appeal from a final decision of the New Jersey State Board of Education (Board) which found their circumstances mirrored those of numerous poor, urban school districts presently receiving remedial relief in accordance with a series of Supreme Court decisions, commonly known as the Abbott decisions, yet failed to require that same remedial relief for appellants. Instead, the Board instituted a process to systematically remedy the deficiencies it found existed in the implementation of the current school funding statute, the Comprehensive Educational Improvement and Financing Act of 1996, N.J.S.A. 18A:7F-1 to -42 (CEIFA). On appeal, appellants claim that CEIFA is unconstitutional as applied to them, and that they are entitled to immediate, remedial relief.
(I)
Some background is in order. Our constitution requires that "[t]he Legislature shall provide for the maintenance and support of a thorough and efficient system of free public schools for the instruction of all the children in the State between the ages of five and eighteen years." N.J. Const. art. VIII,