Legal Opinion

In re the Adoption of Amendments to N.J.A.C. 6:11-8.4 & N.J.A.C. 6:11-8.5

New Jersey Superior Court Appellate Division

Decided June 18, 1991PublishedCited by 1 opinion

1Opinion of the Court

The opinion of the court was delivered by

COLEMAN, J.H., P.J.A.D.

This appeal challenges the New Jersey Department of Education’s regulations allocating responsibility for testing of bilingual teaching candidates’s foreign language proficiency under the Bilingual Education Act (BEA). N.J.S.A. 18A:35-15 et seq. The challenged regulatory amendments shift the proficiency evaluation from the State to the local school district. We now hold that the regulatory change is valid.

*54I

In 1975, Governor Brendan Byrne signed BEA into law. According to the Governor’s signing message, “[t]he new program [was]…

2Cases cited18 opinions

  1. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  2. New Jersey Guild of Hearing Aid Dispensers v. LongSupreme Court of New Jersey · 1978
  3. Bergen Pines County Hospital v. New Jersey Department of Human ServicesSupreme Court of New Jersey · 1984
  4. Medical Society v. New Jersey Department of Law & Public SafetySupreme Court of New Jersey · 1990
  5. Perez v. Pantasote, Inc.Supreme Court of New Jersey · 1984

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3Cited by1 opinion

  1. Ellicott v. Board of Educ.New Jersey Superior Court Appellate Division · 1991

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