Alcantara et. al. v. Hespe et. al.

Click Amended Petition to download the Petition.

On April 14, 2016, Respondents submitted their brief in opposition of the motion for summary decision.

Click Resondents' Brief Opposing Motion for Summary Decision to download Respondents' brief in opposition of the motion for summary decision. Click Respondents' Exhibits A and B to download Respondents' Exhibits A and B. Click Exhibit C to download Respondents' Exhibit C. Click Respondents' remaining exhibits. to download Respondents' remaining exhibits.

On April 25, 2016, Petitioners submitted their Reply Brief in favor of the motion for summary decision.

Click Petitioners' Reply to download Petitioners' reply brief in support of the motion for summary decision.

On May 11, 2016 the State Monitor approved the 2016-17 Lakewood School Budget overriding its rejection by the Board of Education. The budget included enhanced adjustments to the local tax levy growth limitation not in the March 21, 2016 draft.

Click Letter to Court to download Petitioners' May 17, 2016 letter updating the Court with the changes.

Disposition of the motion was transferred to Judge Solomon A. Metzger on June 15, 2016, the ALJ in in the initial Bacon decision. On July 19, 2016 Judge Metzger denied the motion for summary decision.

Click Order Denying Summary Decision to download Judge Metzger's order.

The governor signed P.L.2016, c.22 on August 9, 2016 creating a consortium charged with providing mandated nonpublic school transportation.

Click Petitioner's Letter to download Petitioners' August 9, 2016 letter to Judge Metzger concerning the new law.

On October 4, 2016 the Lakewood Board of Education moved to participate.

Click Lakewood BOE Motion to Participate to download the motion to participate.

Click Petitioners' Response to download Petitioners' response to Lakewood BOE participation..

Click Respondents' Response to download Respondents' response to Lakewood BOE participation..

Click November 8 Letter to download Petitioners' November 8, 2016 letter to Judge Metzger concerning expenses for 2016-17.

On November 21, 2016 Judge Metzger granted the Lakewood Board of Education's motion to participate.

Click Lakewood BOE Order of Participation to download the Order.

On May 12, 2017, Petitioners moved for emergency relief.

Click Motion to download the motion. Click Exhibits to download the exhibits.

Disposition of the case was transferred to Judge Susan M. Scarola. On May 23, 2017, Respondents responded in opposition to the motion for emergency relief.

Click Response to download Respondents' papers.

On May 24, 2017, Petitioners withdrew their motion for emergency relief.

On September 26, 2017, Participant Lakewood Board of Education wrote Judge Scarola asking for a conference complaining that "it is not being made fully aware of what has transpired to date, may have interests that are somewhat divergent of the Petitioners, and is being requested to expend significant resources and time in directions that may not advance the Board’s interest."

Click BOE letter to download Mr. Inzelbuch's letter on behalf of the Lakewood BOE.

Click Petitioners' letter to download Petitioners' letter in response.

Click Prof. Trachtenberg's letter to download Participant Paul L. Trachtenberg's letter in response.

Click Respondents' letter to download Respondents' letter in response. Judge Scarola denied Mr. Inzelbuch's request for a conference.

On December 29, 2017 Participant Professor Paul L. Trachtenberg submitted a prehearing statement to the Court.

Click Prof. Trachtenberg's letter to download Prof. T.'s statement.

Click Demographic report to download the report of Ross Haber and Associates.

Also on December 29, 2017, Respondents moved to bar the expert report of Dr. Danielle Farrie of the Education Law Center written on behalf of Petitioners.

Click State's Motion to download the motion.

On January 3, 2018, Petitioners responded in opposition to the motion

Click Petitioners' letter to download Petitioners' letter brief and Dr. Farrie's report.

On January 10, 2018, Respondents replied to Petitioners' opposition.

Click State's Motion to download Respondents' reply to Petitioners' opposition.

On January 11, 2018 Participant Professor Paul L. Tactenberg filed his opposition to Respondents' motion to bar the report of Dr. Danielle Farrie.

Click Prof. T.'s letter to download Professor Trachtenberg's opposition to the motion to bar the report.

On January 3, 2018, Participant Lakewood Board of Education submitted a letter together with two reports urging Judge Scarola to summarily decide the matter in favor of Petitioners.

Click Mr. Inzelbuch's letter to download the BOE request.

Click Report of Mr. Wyns to download Mr. Wyns report.

Click Ms. Gamm Esq. to download Ms. Gamm's report.

On January 8, 2018 Respondents wrote Judge Scarola that under the rules "a participant may not file motions nor may it submit evidence" .

Click Respondents' letter to download Respondents' letter.

On January 9, 2018 Petitioners submitted their opposition to "any event that will delay the hearing (trial) in this matter."

Click Petitioners' letter to download.

On January 16, 2018 Respondents requested an adjournment of the trial. Participant Professor Paul L. Trachtenberg and Petitioners submitted their opposition.

Click Respondents' letter to download,

Click Participant's letter to download.

Click Petitioners' letter to download.

Judge Scarola denied the BOE motion for summary judgment, denied the barring of Dr. Farrie's testimony, and denied Respondents' request for an adjournment.

Click Court Order January 22, 2018 to download Judge Scarola's order.

On January 30, 2018 Petitioners moved in Superior Court in Alcantara et. al. v. Inzelbuch et. al. for an order to enforce a subpoena served upon the superintendent to appear at the trial and for an order to enforce a subpoena served upon the assistant business administrator to appear at the trial, an emergent motion to be heard by Judge Mary C. Jacobson, A.J.S.C.

Click MER-L-000244-18 to download. Also click Reply Brief and Exhibits for Petitioners' early reply brief delineating Petitioners' grievances against the Lakewood BOE in their pursuit of this case.

Click Scheduling Order to download Judge Jacobson's order setting a hearing date. Defendants consented to testifying at the trial on agreed upon dates and Petitioners withdrew the motion from Superior Court.

Petitioners presented their case on February 5, 2018, February 7, 2018, February 12, 2018, February 13, 2018 and February 22, 2018. After receiving transcripts of February 13, 2018 and February 22, 2018 Petitioners filed an emergency motion on March 9, 2018.

Click Emergency Motion 2018 to download.

Click Exhibits to download the accompanying exhibits.

Click February 5, 2018  February 7, 2018 February 12, 2018 February 13, 2018 February 22, 2018  to download each day of testimony on behalf of Petitioners.

On March 15, 2018, Respondents asked for a 10 day extension to answer the emergency motion. Click Respondents' letter to download Respondents' request for an extension to answer. Petitioners submitted their opposition to the extension of time. Click Petitioners' letter to download. Participant Lakewood BOE also opposed the extension. Click BOE letter to download the BOE letter opposing an extension.

On March 27, 2018 Judge Susan Scarola denied Petitioners' motion for emergency relief. Click Order to download the order.

in a March 29, 2018 letter, Professor Paul L. Trachtenberg, Participant, asked the governor "immediately to rectify the state’s longstanding failure" in Lakewood. Click Professor Trachtenberg's Letter to Governor to download.

On April 5, 2018, the Commissioner of Education ruled against the emergency motion in concurrence with the ALJ. Click Commissioner's Ruling Emergency Motion to download.

On April 26, 2018, Petitioners asked the Commissioner to reconsider his denial of the emergency motion. On May 7, 2018 Respondents submitted their opposition brief and a letter dated May 7, 2018 from Glenn Forney of the DOE Division of Finance to the Lakewood superintendent offering a $28 million loan to the district to cover the deficit labeled "Exhibit A." Click Respondents' brief to download. Petitioners subsequently withdrew their emergency motion.

On April 30, 2018 Respondents submitted their second motion to dismiss. Click Second Motion to Dismiss to download.

Petitioners submitted their opposition brief on May 31, 2018. Click  Petitioners' Opposition Brief   to download the brief and click   Petitioners'Exhibits   for the exhibits.

On June 6, 2018 Professor Paul L. Tractenberg, Participant, submitted his opposition to Respondents' second motion to dismiss. Click Amicus Curaie Brief to download.

On June 11, 2018 Respondents submitted their reply to Petitioners' opposition to the second motion to dismiss. Click Respondents' Reply to download. Petitioners' subsequently requested the Court to set a date for oral argument on the motion.

On July 26, 2018 Petitioners moved to supplement the record after the enactment of P.L.2018, c.67. Click Letter July 26, 2018 to download.

On August 3, 2018 Participant Lakewood Board of Education submitted the certification of the superintendent and business administrator concerning cuts in state aid for the current school year due to the recent change in law. Letter August 3, 2018 to download. Thirty nine minutes later Respondents submitted their response claiming that P.L.2018, c.67 is not ripe and that its effects are speculative. Click Response August 3, 2018 to download. On August 10, 2018 Respondents' submitted the following letter to the Court. Click Letter August 10, 2018 to download.

On August 13, 2018 Petitioners submitted their reply papers. Click Reply Brief to download. Click Exhibits to download the accompanying exhibits. Click Certification to download the certification of Mr. Melvin Wyns in support of the motion to supplement the record.

On August 16, 2018 Participant Lakewood BOE moved to become a full party. Click Letter August 16, 2018 to download. On August 17, 2018, Participant Professor Paul L. Tractenberg submitted the following letter to the Court in response to the Lakewood BOE's motion to become a full party to the matter. Click Letter August 17, 2018 to download.

On August 20, 2018 the parties and participants were in court to be heard on the three motions. Click Order August 20, 2018 to download the order of Judge Scarola.

On September 4, 2018, Petitioners filed their Second Amended Petition pursuant to the order of the Court dated August 20, 2018. Click Updated Pleadings to download.

On September 18, 2018, Respondents filed their Answer to the Second Amended Petition. Click Respondents' Answer to download.

On September 27, 2018, Petitioners submitted the export report of Mr. Melvin Wyns, the Director of the Office (Bureau) of School Finance from September 1988 to July 2001. Click Expert Report to download. Subsequently on September 27, 2018, Participant Lakewood BOE submitted the following letter to Judge Scarola. Click Mr. Inzelbuch's Letter to download. On September 28, 2018, Participant Professor Paul L. Tractenberg submitted the following letter to Judge Scarola. Click Prof. Tractenberg's Letter to download. On October 2, 2018, Respondents submitted the certification of Glenn Forney in response to paragraph 7 of the August 20, 2018 order. Click Certification of Mr. Forney to download. On October 3, 2018, Respondents, Participant Lakewood BOE and Participant Professor Paul L. Tractenberg submitted the following letters. Click Mr. Inzelbuch's October 3, 2018 Letter , click Respondents' October 3, 2018 Letter   and click Professor Tractenberg's October 3, 2018 Letter to download. On October 5, 2018, Professor Tractenberg submitted an email letter to the Court urging finality. Click Professor Tractenberg October 5, 2018 Letter to download.

Judge Scarola denied the motion to intervene submitted by the Participant Lakewood Board of Education. Click October 9, 2018 Order to download. The parties appeared December 18 for the for the testimony of Mr. Wyns. Click Mr. Wyn's Testimony to download the transcript.

On December 21, 2018 and on January 7, 2019, Professor Paul L. Tractenberg, Participant, submitted letters to the Court urging finality. Click Letter Prof. T. December 21, 2018 and Letter Prof. T. January 7, 2019 to download.

On January 8, 2019 Judge Scarola denied Respondents' motion to dismiss. Click Order January 8, 2019 to download.

On January 24, 2019 Professor Tractenberg submitted a letter to the Court in anticipation for a scheduled conference on Monday January 28, 2019 urging the Court to "act definitively to assure that whatever witnesses the State presents and whatever theory of the case it seeks to advance through them are responsive to the case as it has evolved." Click Letter Prof. T. January 24, 2019 to download.

The trial is scheduled to resume in July 2019 when Respondents will present witnesses in their defense.

On March 4, 2019 Petitioners requested leave of the Court to file for summary decision. Click Summary Decision to download. On March 5, 2019 Petitioners wrote the Court concerning the relevancy of Respondents' witness list. Click Letter March 5, 2019 to download the letter and click Respondents' Witness List to download the list. On March 12, 2019 Respondents wrote a letter opposing Petitioners' request for leave to file for summary decision. Click Opposition to Summary Decision to download. On March 18, 2019 Participant Professor Paul L. Tractenberg submitted a letter supporting Petitioners' request for leave to file for summary decision. Click Prof. T. Letter March 18, 2019 to download the letter. On April 18, 2019 Judge Scarola denied Petitioners leave to file for summary decision. Click  April 18, 2019 to download. On April 18, 2019 Judge Scarola denied leave file for summary decision. Click Judge Scarola Letter to download her decision.

On April 19, 2019 Participant Professor Paul L. Tractenberg submitted a letter to Judge Scarola as to her denial of leave to file for summary decision. Click Prof. Tractenberg's Letter April 19, 2019 to download the letter.

On June 18, 2019 Participant Lakewood BOE submitted a letter to Judge Scarola asking for summary decision. Click BOE Letter June 18, 2019 to download the letter.

On July 3, 2019 Participant Professor Paul L. Tractenberg again submitted a letter to Judge Scarola laying out the issues before the court and the role of the OAL in "providing the evidentiary basis for the Supreme Court to rule on the constitutionality of the state’s school funding laws." Click Prof. Tractenberg's Letter July 3, 2019 to download the letter.

On July 8, 2019 Participant Lakewood BOE submitted a letter to Judge Scarola. Click Mr. Inzelbuch's Letter to download the letter. Click for July 8, 2019 BOE Exhibits Exhibit A  Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Exhibit J Exhibit K  Exhibit L Exhibit M Exhibit N

On July 17, 2019 Participant Lakewood BOE submitted another letter to Judge Scarola. Click Mr. Inzelbuch's July 17, 2019 Letter to download the letter. Click for July 17, 2019 BOE Exhibits Exhibit A  Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Exhibit J Exhibit K  Exhibit L Exhibit M Exhibit N  Exhibit O  Exhibit P  Exhibit Q  Exhibit R

On July 19, 2019 Respondents sent a letter to Judge Scarola opposing motions and evidence submitted by the Participant Lakewood BOE. Click State's Letter July 19, 2019 to download the letter. Judge Scarola subsequently responded. Click Ruling July 19, 2019 to download.

On July 22, 2019 Participant Lakewood BOE submitted a letter to Judge Scarola asking for her recusal. Click BOE Letter July 22, 2019 to download the letter. Click Petitioners' First Letter July 22, 2019 to download the Petitioners' response, to the extent that a response was necessary. Also Click Petitioners' Second Letter July 22, 201 to download a second letter with legal citations. Neither Petitioners or Respondents moved for recusal and the hearing continued as scheduled on July 23, 2019.

The parties appeared in court on July 9, 10, 22 and 23 to conclude presentation of the case.

Click July 9, 2019  July 10, 2019 July 22, 2019 July 23, 2019  to download each day of testimony on behalf of the State Respondents. Petitioners and Respondents are due to submit summations after which the Court will decide the matter.

On July 28, 2019 Judge Scarola sent a letter to the parties asking them to jointly stipulate, to "information (with citations and relevant documents attached) regarding LPSD for each school year at issue in this matter (2014-2015 through 2018-2019)." Click The Court's Letter July 28, 2019 to download the letter. On August 28, 2019 Respondents responded that they "will not stipulate to any additional data to be part of the record without context for its consideration." Click Respondent's Letter to download.

On September 4, 2019 Petitioners submitted a letter to the Court accompanied by tables of the requested data and the sources of the data. Click Petitioners' Letter September 4, 2019 to download Petitioners' letter. Click Data to download the requested information that was available.

On October 4, 2019 Petitioners submitted their summation brief to the Court. Click Summation Brief to download Petitioners' Summation.

On October 8, 2019 Participant BOE submitted a letter to Judge Scarola with exhibits. Click BOE Letter  Exhibit A Exhibit B Exhibit C Exhibit D 

On October 21, 2019 the Office of Administrative Law responded to the Lakewood BOE. Click OAL Ruling to download the OAL response.

On November 7, 2019, the parties were informed that Judge Scarola granted Respondents' request for "additional time to submit their post-hearing summation in the above referenced matter. She is granting respondents additional time until December 31, 2019. As such, participant[s] will have until January 17, 2020 to submit their post-hearing summation. Petitioner’s reply to respondent’s summation will also be due on January 17, 2020. In addition, should respondent need to submit a reply to participant’s summation, it should be submitted no later than February 7, 2020."

On December 28, 2019 Respondents submitted their summation brief to the Court. Click State Summation Brief to download Respondents' Summation. The Court gave the "participants until January 17, 2020 to submit their post-hearing summation. Petitioner’s reply to respondent’s summation will also be due on January 17, 2020. In addition, should respondent need to submit a reply to participant’s summation, it should be submitted no later than February 7, 2020."

On January 17, 2020 Participant Professor Paul Tractenberg, Esq., submitted his summation. Click Prof. T's Letter Summation to download. Petitioners submitted their reply to Respondents' summation. Click Petitioners' Reply to Respondents' Summation to download. Participant Lakewood Board of Education submitted its summation. Click BOE Letter Summation to download.

On February 7, 2020 Respondents replied to Participants' summation. Click Respondents' Reply Respondents reply.

On June 24, 2020 Participant Lakewood Board of Education submitted submitted a letter to the Court. Click BOE Letter June 24, 2020 to download the letter. Respondents followed up with a letter to the Court pointing out that the record is closed and no new evidence can be introduced. Click Respondens' Letter to download the letter. .

On September 18, 2020 the Court requested a list of admitted evidence from the parties to which Petitioners replied on September 20, 2020. Click September 20, 2020 Letter to download the letter. Respondents did not reply to the request for a list of their evidence that was admitted.

On December 1, 2020 Petitioners wrote a letter to the Court concerning its delay in reaching a decision. Click December 1, 2020 Letter to download the letter. The Court responded via email that the judge is working on the decision.

On March 1, 2021the Court issued its decision. This ALJ ruled in favor of Petitioners that Respondents were not providing a thorough and efficient education in Lakewood but did Petitioners did not carry their burden of proof that the funding formula was the cause. Click Decision to download.

On April 13, 2021 Petitioners submitted their exceptions to the Court's finding that the Lakewood taxpayers caused the educational deficiencies and not the funding formula. Click Petitioners exceptions to download. Respondents submitted their exceptions to the Court's finding that Respondents were not providing a thorough and efficient education in Lakewood. Click Resondents' exceptions to download. Participant Professor Paul L. Tractenber submitted his exceptions. Click Participant's Exceptions to download. He also submitted a copy of a 2018 letter he sent to the governor, attorney general and commissioner. Click Letter to Governor to download. Participant Lakewood BOE submitted its exceptions asking the Commissioner for a remand to prove that a thorough and efficient education is being provided in Lakewood. Click BOE exceptions and Superintendent Certification to download.

On April 20, 2021 Petitioners submitted their rebuttal to Respondent's exceptions defending the findings that the State is not providing T & E in Lakewood and opposing the BOE exceptions to the said findings and motion to remand for further hearings . Click Petitioners Rebuttal to State and BOE to download. Participant Professor Paul L. Tractenberg submitted his rebuttal of the exceptions advising the Commissioner of the divergent positions and making a recommendation. Click Professor Tractenberg's Submission to download. Respondents submitted their rebuttal to the exceptions of both Participants. Click Respondents' Rebuttal to Participants to download.

On April 28, 2021 Respondents submitted their rebuttal to Petitioners' exceptions. Click Respondents' Rebuttal to Petitioners to download.

On July 16, 2021 the Commissioner rejected the decision of the ALJ that the state is not providing T & E in Lakewood and denied the motion of the BOE to intervene. Click Final Agency Decision to download.

On August 20, 2021 Petitioners filed with the Appellate Division with Professor Paul Tractenberg representing Petitioners as co-counsel. Click Case Information Statement to download the CIS.

On November 15, 2021 Petitioners, now Appellants, filed their brief with the Appellate Division. Click Alcantara v. Hespe, A-003693-20 and Click Appendix I and Appendix II for the appendices.

On December 3, 2021 Appellants filed a shorter, amended brief and amended appendices. Click Amended Brief and Click Appendix I and Appendix II for the appendices.

On February 18, 2022 State Respondents' filed their brief with the Appellate Division. Click State's Brief

On February 28, 2022 Appellants filed their reply brief with the Appellate Division. Click Appellants' Reply

On March 11, 2022, Appellants submitted a verified petition to the Supreme Court for Certification of an Appeal Pending Unheard in Appellate Division. Click Petition to the Supreme Court for Direct Certification for Professor Tractenberg's certification of the facts and law. On May 6, 2022 the Supreme Court rejected direct certification. The matter will be heard in the Appellate Division first.

On July 13, 2022, Appellants moved for an order to accelerate the appeal. Click Motion to Accelerate Appeal for Professor Tractenberg's certification. On July 20, 2023, Respondents submitted their opposition to the motion. Click Opposition to Motion On July 26, 2023, the Appellate Division denied the motion to accelerate"Given the complex constitutional issues involved, the appeal is not suitable for accelerated treatment."

On October 24, 2023, Professor Tractenberg wrote a letter to the clerk of the Appellate Division urging him to expedite scheduling the hearing in the matter. Click Letter to Joseph Orlando .

On January 6, 2023, the Appellate Division informed the parties that oral argument will be held on January 17, 2023.

On March 6, 2023, the Appellate Division issued its decision finding that the State is not providing a Thorough and Efficient education in Lakewood, reversing the Commissioner, and remanding it to her "with instructions for the agency to consider the substantive arguments pertaining to the SFRA in light of our Supreme Court's directive in Abbott ex rel. Abbott v. Burke (Abbott XX), 199 N.J. 140, 146 (2009): the State has a continuing obligation to 'keep SFRA operating at its optimal level . . . ' and '[t]here should be no doubt that we would require remediation of any deficiencies of a constitutional dimension, if such problems do emerge.'" Click Decision of the Court

On April 20, 2023, Appellant/Petitioners sent the following letter to the Commissioner of Education urging her to complete the remand. Click Professor Tractenberg's Letter

On May 1, 2023 Appellant/Petitioners filed a motion for emergency relief before the Commissioner of Education to complete the remand by May 15, 2023.Click Letter Brief and Brief Procedural History and Statement of the Facts

On May 8, 2023, Respondents filed their opposition to the motion for emergency relief. Click State's Brief

On May, 12, 2023, the Commissioner directed the Department of Education to conduct a comprehensive review of the district. Hence, the emergency motion was moot. Click Comprehensive Review Click Decision on Motion

On May, 18, 2023, Petitioners/Appellants filed a motion for leave to file interlocutory appeal. Click Professor Tractenberg's Brief and Click Appendix

On May, 19, 2023, Petitioners/Appellants applied to the Appellate Division for emergent relief on the motion. The Appellate Division denied the application; the motion will be heard in the ordinary course. On May 25, 2023, Professor Tractenberg submitted a letter to the Commissioner requesting a time-table and and compliance with the narrow remand of the Appellate Division. Click Professor Tractenberg's Letter

On May, 30, 2023, The State Respondents submitted their response to Petitioners/Appellants' motion for leave to file interlocutory appeal. Click State Response

On June 9, 2023, the Appellate Division denied the Motion for Leave to File an Interlocutory Appeal. On July 6, 2023, Petitioner/Appellants file a motion before the Commissioner of Education to clarify her May 12, 2023 order. Click Letter Brief Certification Exhibits I Exhibits II Proposed Order

On October 23, 2023, the Petitioners filed a Motion in Aid of Litigants'' Rights. Click Brief Certification of Arthur Lang Exhibits Volume 1 Exhibits Volume II 

On November 17, 2023, The State Respondents submitted their response to Petitioners/Appellants' Motion in Aid of Litigants'' Rights. Click State Response Click State Certification  On the same day, the State Treasurer approved a $50 million loan to the district. Click 2023-24 Loan

Assistant Commissioner Cary booker announced that he will write the final agency decision no later than April 1, 2024 and that Kevin Dehmer will recuse himself because he testified as a witness in the matter.   Cary Booker letter

March 1, 2024, the Department of Education released the expert report on Lakewood.   Expert Report

March 7, 2024 Petitioners responded to the expert report on Lakewood.   Response to Expert Report

April 1, 20204, the Acting Commissioner file his final agency decision on Lakewood.   Final Decision

April 18, 2024 Petitioners appealed to the Appellate Division  Appellate Division

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