A New Jersey appeals court has dismissed a school district’s appeal of a NJ State Board of Education ruling establishing clear precedent that an expelled student is entitled to an "alternative education" through age 20.

The case, Chess v. Bergenfield BOE, was brought by ELC on behalf of a student who, after expulsion from Bergenfield High School, was not offered any educational services by the district whatsoever.

The Appellate Court dismissed Bergenfield’s appeal as "moot" since the plaintiff student is now over 20 and no longer eligible for services. The Court declined to make a broader pronouncement about the rights of expelled students as it was convinced that the State Board would soon issue regulations firmly requiring all local school districts to provide alternative education to any student expelled for disciplinary reasons.

"The State Board’s critical holding that an expelled student is entitled to alternative education has been upheld," said ELC Senior Attorney Ruth Lowenkron. "While we are disappointed the Court did not rule on the constitutional rights of expelled students, we are pleased that this case forced the State Board to take action," Lowenkron added. "No student in New Jersey should be deprived of an education, even those with serious disciplinary problems."

Lowenkron also noted that, under the Abbott rulings, alternative education is a constitutionally required program in New Jersey’s urban districts. "If we provide alternative programs in our urban districts, we must make sure it its available statewide."

ELC Senior Attorney Elizabeth Athos, currently on leave, litigated this case. ELC Board member Larry Lustberg of the Gibbons Del Deo firm argued before the Appellate Court.

Related Story: Alternate Education Extended to Age 20

Prepared: January 24, 2005