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Saturday, January 9, 2016

ROSALIE BACON VS. NEW JERSEY STATE DEPARTMENT OF EDUCATION A-2452-14T1


 ROSALIE  BACON  VS.  NEW  JERSEY  STATE  DEPARTMENT  OF
          EDUCATION
A-2452-14T1
Plaintiffs, a group of fifteen school districts, and parents and children from those districts, appeal from the Law Division's order dismissing their complaint for failure to state a claim upon which relief can be granted. Plaintiffs brought the complaint as a summary action "to enforce agency orders" under Rule 4:67-6(a)(2). Plaintiffs sought to compel defendant New Jersey State Department of Education to provide the funding provided by the School Funding Reform Act of 2008 (SFRA), along with facilities improvements and other measures.
In this opinion, we hold that plaintiffs could not bring their complaint as a summary action under Rule 4:67-6(a)(2) because the district-specific needs assessments which plaintiffs sought to enforce did not require the Department to fully fund the districts under the SFRA or otherwise provide for specific relief and, therefore, there were no orders capable of being enforced under the rule