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CITIZENS FOR BETTER ED. v. BD. OF ED. CAMDEN

124 N.J. Super. 523 (1973)

308 A.2d 35

CITIZENS FOR BETTER EDUCATION, MARILYN WHITHAM, JERROTHIA RIGGS, BARBARA BROWN, DR. JOHN W. ROBINSON, JOYCE CARTER, SANDRA ARMSTRONG, VERA BENJAMIN, JACQUELINE HARPER, EDITH CURLY, ALMA G. PETERSON, AND DELORIS MOYE, PETITIONERS-APPELLANTS, v. BOARD OF EDUCATION OF THE CITY OF CAMDEN AND DR. CHARLES SMERLIN, SUPERINTENDENT OF SCHOOLS, CAMDEN COUNTY, RESPONDENTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 12, 1973.

Attorney(s) appearing for the Case

Mr. Robert D. Pitt argued the cause for appellants (Mr. Carl S. Bisgaier, Director Camden Regional Legal Services, Inc., attorney).

Mr. Raymond Kassekert argued the cause for respondents (Mr. Leonard A. Spector, attorney).

Mr. George F. Kugler, Jr., Attorney General of New Jersey, filed a statement in lieu of brief on behalf of the New Jersey State Board of Education (Mr. Lewis M. Popper, Deputy Attorney General, of counsel).

Before Judges CARTON, MINTZ and SEIDMAN.

The opinion of the court was delivered by SEIDMAN, J.A.D.

This is an appeal by petitioners pursuant to R. 2:2-3(a) (2) from an affirmance by the New Jersey State Board of Education of an adverse decision of the Commissioner of Education.

The principal question is whether petitioners have a statutory or common law right to require respondent school board to disclose the results of standardized achievement tests on a school-by-school and grade...

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