1987-88 newspaper clippings school regionalization (all)

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I 1987 ENGLEWOOD LIBRARY . 31 ENGLE STREET ENGLEWOOD, NEW JERSEY 21 1994

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Page 1: 1987-88 Newspaper Clippings School Regionalization (All)

I

1987

ENGLEWOOD LIBRARY. 31 ENGLE STREET

ENGLEWOOD, NEW JERSEY

21 1994

Page 2: 1987-88 Newspaper Clippings School Regionalization (All)

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1ORDER NUMBER 880719-101044-INHOUSE -001-001

EDITIONSECTIONPAGELENGTHSOURCEWITH ARTKEY

HEAD

BY

STORY 19

All Bergen Editions.=.Bergen South. Bergen North. BergenNEWSb030026.5/0191 INCHES/LINESThe RecordYESENGLEWOOD. ENGLEWOOD CLIFFS. TENAFLY. SCHOOL. STUDENT.COURT. LAWSUIT. COURT. COST$3M BILL IN DWIGHT-MORROW CASEBUT SCHOOLS SAY A VITAL PRINCIPLE IS AT STAKE

By Ron Hollander, Record Staff Writer

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1844110871215. TUESDAYAll Bergen Editions.=.Bergen South. Bergen North. BergenNEWSbOl0024.5/0176+ INCHES/LINESThe RecordENGLEWOOD CLIFFS. ENGLEWOOD. TENAFLY. SCHOOL. LAWSUIT.COURT. STUDENTKEY ISSUE IN CLIFFS SUIT: RACEBy Ron Hollander, Record Staff Writer

1781098871014. WEDNESDAYAll Bergen Editions.=.Central Bergen. EastBergen/Hudson County. South Bergen. Northern Valley.Pascack Valley. Northwest Bergen. West 2. Bergen North,Bergen South

NEWSb050010.2/0073+ INCHES/LINESThe-RecordENGLEWOOD CLIFFS. ENGLEWOOD. TENAFLY. SCHOOL. LAWSUIT.COURTRULING DUE IN MAY ON CLIFFS SCHOOL SUITBy Ron Hollander, Record Staff Writer

1773118871006. TUESDAYAll Bergen Editions.=.Bergen South. Bergen North. BergenNEWSb030012.3/0088+ INCHES/LINESThe RecordNEW JERSEY. COURT. SCHOOL. ENGLEWOOD CLIFFS.ENGLEWOOD. TENAFLYJUDGE CURBS TESTIMONY OF LAST WITNESS IN SCHOOL CASEBy Ron Hollander, Record Staff Writer

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ORDER NUMBER 880719-101044-INHOUSE -001-001

STORY 22i

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1769104871002. FRIDAYAll Bergen Editions.=.Bergen South. Bergen North.Bergen.ALSO IN.All Passaic Editions.=.Passaic-Morris.Passaic-Essex

NEWSb030009.6/0069+ INCHES/LINESThe RecordENGLEWOOD. TENAFLY. ENGLEWOOD CLIFFS. SCHOOL. LAWSUIT.RACEWHITE FLIGHT WON'T FOLLOW EXIT OF CLIFFS STUDENTS,EXPERT SAYS

By Ron Hollander, Record Staff Writer

1765077870929. TUESDAYAll Bergen Editions.=.Bergen South. Bergen North.Bergen.ALSO IN.Passaic-Essex

NEWSb030018.0/0143+ INCHES/LINESThe RecordYESENGLEWOOD. ENGLEWOOD CLIFFS. TENAFLY. SCHOOL. NEWJERSEY. COURT. LAWSUITDIFFERENCES STRESSED IN SCHOOL SUITBy Ron Hollander, Record Staff Writer

1761099870925. FRIDAYAll Bergen Editions.=.Bergen South. Bergen North. BergenNEWSbOl0025.1/0180+ INCHES/LINESThe RecordSIDEBAR - The case so farENGLEWOOD. ENGLEWOOD CLIFFS. TENAFLY. SCHOOL. NEWJERSEY. EDUCATION. COURT. COST. LAWSUITDWIGHT MORROW LITIGATION IS PART OF A COSTLY TRENDBy Ron Hollander, Record Staff Writer

1760082870924. THURSDAYAll Bergen Editions.=.Bergen South. Bergen North. Bergen

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ORDER NUMBER 880719-101044-INHOUSE -001-001tSECTION NEWS

'PAGE bO 3LENGTH 0013.3/0095+ INCHES/LINESSOURCE The RecordKEY ENGLEWOOD. ENGLEWOOD CLIFFS. TENAFLY. SCHOOL.HEAD MORROW CASE: REGIONALIZING CALLED COSTLYBY By Ron Hollander, Record Staff Writer

COST

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iSTORY 26

*ACCESSDATEEDITIONSECTIONPAGETYPELENGTHSOURCEKEY€HEADBY4STORY 27fACCESSDATEEDITIONSECTIONPAGELENGTHSOURCEKEYHEADtBY€STORY 28tACCESSDATEEDITION

itSECTIONPAGE

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1730113870825. TUESDAYAll Bergen Editions.=.Bergen South. Bergen North. BergenNEWSbOlMAJOR STORY0036.1/0259+ INCHES/LINESThe RecordENGLEWOOD CLIFFS. ENGLEWOOD. TENAFLY. SCHOOL. LAWSUIT.FINANCE. COST. COURT. MINORITYDWIGHT MORROW BATTLE COSTING MILLIONSBy Ron Hollander, Record Staff Writer

1725086870820. THURSDAYAll Bergen Editions.=.Bergen South. Bergen North. BergenNEWSb060018.3/0131+ INCHES/LINESThe RecordENGLEWOOD. SCHOOL. ATTORNEY. ENGLEWOOD CLIFFS. TENAFLYFINGER-POINTING IN MORROW BATTLESETTLEMENT HOPES DASHED BY MEETING THAT MIGHT HAVE BEEN

By Ron Hollander, Record Staff Writer

1717113870812. WEDNESDAYNorthern Valley.ALSO IN.Central Bergen. East Bergen/Hudson County.South Bergen. Pascack Valley. West 2. Bergen North.Bergen South

NEWSb030016.5/0118+ INCHES/LINESThe RecordNEW JERSEY. COURT. ENGLEWOOD. ENGLEWOOD CLIFFS.TENAFLY. SCHOOL. CONTRACT. LAWSUITTENAFLY BEGINS TESTIMONY OVER JOINING 2 SCHOOLSBy Ron Hollander, Record Staff Writer

1689125870715. WEDNESDAYAll Bergen Editions.=.Central Bergen. EastBergen/Hudson County. South Bergen. Northern Valley.Pascack Valley. Northwest Bergen. West 2. Bergen North.

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Bergen South.ALSO IN.Passaic-Morris

NEWSb030012.5/0089+ INCHES/LINESThe RecordENGLEWOOD. ENGLEWOOD CLIFFS. SCHOOL. STUDENT. RACE.BLACKSCHOOL EXODUS FORESEENBy Jean Rimbach, Correspondent

1659092870616. TUESDAYAll Bergen Editions.=.Bergen South. Bergen North. BergenNEWSb030018.7/0134+ INCHES/LINESThe RecordNEW JERSEY. COURT. SCHOOL. ENGLEWOOD. ENGLEWOODCLIFFS. TENAFLYENGLEWOOD SCHOOL PRAISED FOR DIVERSITYBy Jean Rimbach, CorrespondentNEWARK

1647127870604. THURSDAYAll Bergen Editions.=.Bergen South. Bergen North. BergenNEWSbOl0020.2/0145+ INCHES/LINESThe RecordNEW JERSEY. EDUCATION. COURT. ENGLEWOOD. ENGLEWOODCLIFFS. TENAFLY. SCHOOL. STUDENT. TEST. RESULTMORROW TEST SCORES UP SHARPLYBy Ron Hollander, Staff WriterNEWARK

1633061870521. THURSDAYAll Bergen Editions.=.Bergen South. Bergen North.Bergen.ALSO IN.Passaic-Morris

NEWSc!20017.5/0125+ INCHES/LINESThe RecordENGLEWOOD. ENGLEWOOD CLIFFS. TENAFLY. NEW JERSEY.SCHOOL. RACE. DISCRIMINATIONPRINCIPAL CALLS FOR NEW REGIONAL HIGH SCHOOLBy Ron Hollander, Staff Writer

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DATELINE

STORY 33

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*ACCESSDATE

NEWARK

1629104870517. SUNDAYAll Editions.=.Final. South Bergen. Northwest Bergen.Northern Valley/Pascack Valley. East/Central.Passaic-Morris

OPINION003LETTER. COLUMN0022.5/0162+ INCHES/LINESLETTERSThe RecordENGLEWOOD. SCHOOL. MINORITY. STATISTIC. ENGLEWOODCLIFFSPERHAPS CHILDREN CAN SLAY THE DRAGONS OF PREJUDICEDWIGHT MORROW BATTLE A GRIM REMINDER OF RACISM INAMERICA

1626110870514. THURSDAYBergen North.ALSO IN.Bergen South. Bergen

NEWSb030014.2/0102 INCHES/LINESThe RecordENGLEWOOD. ENGLEWOOD CLIFFS. SCHOOL. OFFICIAL.STUDENT. COURT. BLACK. MINORITY. HISPANIC. RACE. TENAFLYPRINCIPAL ASSAYS DWIGHT MORROW RACIAL MAKEUPBy Ron Hollander, Staff WriterNEWARK

1619083870507. THURSDAYBergen North.ALSO IN.Bergen South. Bergen

"NEWSb050013.2/0094+ INCHES/LINESThe RecordUSA. COURT. ENGLEWOOD. ENGLEWOOD CLIFFS. SCHOOLMORROW PRINCIPAL SEES LIMITED IMPACTBy Ron Hollander, Staff WriterNEWARK

1611101870430. THURSDAY

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ORDER NUMBER 880719-101044-INHOUSE -001-002

EDITION€SECTIONPAGELENGTHSOURCEKEY

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STORY 374ACCESSDATEEDITION4SECTIONPAGELENGTHSOURCEKEY€

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Bergen North.ALSO IN.Bergen South. Bergen. Passaic-Morris

NEWSb030022.7/0163+ INCHES/LINESThe RecordTENAFLY. ENGLEWOOD. ENGLEWOOD CLIFFS. SCHOOL. STUDENT.MINORITY. BLACK. DISCRIMINATION. RACE. COURT. NEW JERSEYRACIAL ISSUES CALLED BASIS OF CLIFFS PLANBy Ron Hollander, Staff Writer

1610088870429. WEDNESDAYNorthern Valley.ALSO IN.Bergen North

NEWSe030009.7/0069+ INCHES/LINESThe RecordUSA. COURT. ENGLEWOOD. ENGLEWOOD CLIFFS. TENAFLY.SCHOOL. LAWSUIT. UNION. EMPLOYMENTMORROW TESTIMONY CITES HOSTILE LABOR RELATIONS INTENAFLY SCHOOLS

By Ron Hollander, Staff WriterNEWARK

1609126870428. TUESDAYAll Bergen Editions.=.Bergen South. Bergen North.Bergen.ALSO IN.Passaic-Morris

NEWSC01MAJOR STORY0037.1/0267+ INCHES/LINESThe RecordYESENGLEWOOD. ENGLEWOOD CLIFFS. SCHOOL. NEW JERSEY.CpURT. RACE. EDUCATION. TEST. RESULT. LAWSUITMARROW'S DEFENSEREBUTTING THE CLIFFS

By Ron Hollander, Staff Writer

1590114870409. THURSDAYBergen North.ALSO IN.Bergen. Passaic-Morris

NEWSb030021.9/0157+ INCHES/LINES

Page 9: 1987-88 Newspaper Clippings School Regionalization (All)

ORDER NUMBER 880719-101044-INHOUSE -001-002

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The RecordYESNEW JERSEY. EDUCATION. SCHOOL. LAWSUIT. ENGLEWOOD.ENGLEWOOD CLIFFS. TENAFLYSTATE MAY HAVE BOLSTERED CLIFFS SUITBy Ron Hollander, Staff Writer

1574112870324. TUESDAYAll Bergen Editions.=.Bergen South. Bergen North. BergenNEWSc030028.7/02 06-f- INCHES/LINESThe RecordNEW JERSEY. COURT. ENGLEWOOD. ENGLEWOOD CLIFFS.TENAFLY. SCHOOL. LAWSUIT. DISCRIMINATION. FAMILY.OPINIONPARTISANS TALK OF SCHOOL SUITOPPONENTS CALL LAWSUIT RACIST

By Dan Garcia, Staff Writer

1574110870324. TUESDAYAll Bergen Editions.=.Bergen South. Bergen North. BergenNEWSc030026.6/0191+ INCHES/LINESThe RecordYESNEW JERSEY. COURT. LAWSUIT. ENGLEWOOD. ENGLEWOODCLIFFS. TENAFLY. SCHOOL. STUDENT. OPINIONPARTISANS TALK OF SCHOOL SUITSOME STUDENTS WANT A CHANGE

By Lyle V. Harris, Staff Writer

1570123870320. FRIDAY~Bergen NorthNEWSb030009.6/0069+ INCHES/LINESThe RecordNEW JERSEY. COURT. SCHOOL. ENGLEWOOD. ENGLEWOODCLIFFS. TENAFLY. LAWSUITEXPERT: LOSS OF STUDENTS WON'T HURT DWIGHT MORROW

33 WOULD GO TO TENAFLY, COURT TOLD IN BREAKUP SUITBy Ron Hollander, Staff Writer

Page 10: 1987-88 Newspaper Clippings School Regionalization (All)

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ORDER NUMBER 880719-101044-INHOUSE -001-002

ACCESSDATEEDITION

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1569121870319. THURSDAYBergen North.ALSO IN.Bergen South. Bergen

NEWSb030018.6/0134+ INCHES/LINESThe RecordENGLEWOOD CLIFFS. SCHOOL. MEETING. FINANCE. BUDGET.ATTORNEY. COST. TENAFLY. ENGLEWOOD9% TAX HIKE TO FUND CLIFFS SCHOOL BATTLEBy Jean Rimbach, CorrespondentENGLEWOOD CLIFFS

1556076870306. FRIDAYBergen North.ALSO IN.Bergen

NEWSc030014.7/0105+ INCHES/LINESThe RecordENGLEWOOD CLIFFS. ENGLEWOOD. TENAFLY. SCHOOL. LAWSUIT.NEW JERSEY. COURTJUDGE IN PULLOUT SUIT TOURS AFFECTED SCHOOLSSAYS IMPROMPTU VISITS WON'T INFLUENCE RULING

By Dan Garcia, Staff Writer

1544102870225. WEDNESDAYNorthern Valley.ALSO IN.Central Bergen. Pascack Valley. West 2. BergenNorth. Bergen South

NEWSd030011.8/0085+ INCHES/LINESThe RecordENGLEWOOD CLIFFS. ENGLEWOOD. TENAFLY. SCHOOL. COURT.LAWSUIT. EDUCATIONMINIMAL IMPACT SEEN IF CLIFFS STUDENTS SHIFTBy Dan Garcia, Staff WriterNEWARK

i. ACCESS'DATECOITION

f SECTION

IIENGTH

1541188870222. SUNDAYAll Bergen Editions.=.Final. South Bergen. NorthwestBergen. Northern Valley/Pascack Valley. East/Central

NEWSa210031.4/0225+ INCHES/LINES

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^r- —

STORY 474

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ISECTIONPAGETYPELENGTHCOLUMNSOURCEKEY41

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BLACK.

ORDER NUMBER 880719-101044-INHOUSE -001-0024SOURCE The RecordKEY ENGLEWOOD. SCHOOL. RACE. DISCRIMINATION.4 ENGLEWOOD CLIFFS. LAWSUITHEAD A CITY'S STRUGGLE FOR RACE BALANCEBY| By Dan Garcia, Staff Writer

1534062870215. SUNDAYAll Editions.=.Final. South Bergen. Northwest Bergen.Northern Valley/Pascack Valley. East/Central.Passaic-Morris

OPINIONo03COLUMN. LETTER0016.6/0119+ INCHES/LINESLETTERSThe RecordENGLEWOOD. TENAFLY. ENGLEWOOD CLIFFS. SCHOOL. MONEY.LIBRARY. STUDENT. THE RECORD. RACEPUPILS GIVE SCHOOL HIGH MARKSENGLEWOOD'S RACIAL DIVERSITY A PLUS

1530005870211. WEDNESDAYAll Editions.=.Central Bergen. East Bergen/HudsonCounty. South Bergen. Northern Valley. Pascack Valley.Northwest Bergen. West 2. Bergen North. Bergen South.Passaic-Morris

OPINIONa26COLUMN. LETTER0008.0/0057+ INCHES/LINESLETTERSThe RecordENGLEWOOD. ENGLEWOOD CLIFFS. STUDENT. BEHAVIOR. SCHOOLDISCIPLINING STUDENTS

1521107870202. MONDAYAll Editions.=.Bergen. Passaic-MorrisNEWSa03CORRECTION0002.0/0014+ INCHES/LINESThe RecordENGLEWOOD. ENGLEWOOD CLIFFS. TENAFLY. SCHOOL. LAWSUITCORRECTION

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[ORDER NUMBER 8807i9-ioi044-iNHousE -001-002

jrACCESSfDATE^EDITION

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TYPELENGTHCOLUMNSOURCEKEYIHEAD

1518005870130. FRIDAYAll Editions.=.Bergen South. Bergen North. Bergen.

Passaic-MorrisOPINIONa26COLUMN. LETTER0006.2/0044+ INCHES/LINESLETTERSThe RecordTHE RECORD. SCHOOL. ENGLEWOOD. ENGLEWOOD CLIFFS.MINORITY. DISCRIMINATIONTHE RIGHT CHOICE

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ORDER NUMBER 880719-101044-INHOUSE -001-003

ISTORY 51€ACCESS

DATEEDITIONSECTIONPAGELENGTHCORRECTION

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1515090870127. TUESDAYAll Bergen Editions.=.Bergen South/Bergen North. BergenNEWScOl0020.5/0147+ INCHES/LINESCORRECTION - Because of an editing error, The Recordon Tuesday erroneously reported that witnesses in alawsuit against the Englewood Board of Education hadasserted that the lawsuit is racially motivated and thatDwight Morrow High School is equal academically toTenafly High School. Those comments were made byEnglewood supporters before the hearing, not during thehearing itself. (PUBLISHED MONDAY, FEBRUARY 2, 1987,page a03, all editions.)The RecordNEW JERSEY. COURT. ENGLEWOOD. ENGLEWOOD CLIFFS.TENAFLY. SCHOOL. LAWSUIT. ATTORNEY. COSTMORROW BATTLE IS COSTLYTAB MAY REACH $1.5 MILLION

By Dan Garcia, Staff Writer

1509120870121. WEDNESDAYNorthern Valley.ALSO IN.Central Bergen. East Bergen/Hudson County.South Bergen. Pascack Valley. West 2. Bergen North.Bergen South. Passaic-Morris

NEWSd030009.2/0066+ INCHES/LINESThe RecordYESENGLEWOOD CLIFFS. ENGLEWOOD. TENAFLY. SCHOOL.CONTRACT. NEW JERSEY. COURT. LAWSUIT. SAFETYTESTIMONY ON DECISION TO CUT SCHOOL LINKBy Jean Rimbach, CorrespondentNEWARK

1504050870116. FRIDAYAll Bergen Editions.=.Bergen South. Bergen North. BergenNEWSc050022.0/0165+ INCHES/LINESThe RecordENGLEWOOD CLIFFS. ENGLEWOOD. SCHOOL. BLACK. STUDENT.

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ORDER NUMBER 880719-101044-INHOUSE -001-003

HEADBY-DATELINE

€STORY 54

RACE. DISCRIMINATION. COURT. NEWARKEVIDENCE DISPUTES DAD ON DAUGHTER'S MISERY AT MORROWBy Dan Garcia, Staff WriterNEWARK

ACCESSDATEEDITION

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4HEADBY?DATELINE4STORY 55

1503085870115. THURSDAYAll Bergen Editions.=.Bergen South. Bergen North.Bergen.ALSO IN.Passaic-Morris

NEWSb!30015.7/0113 INCHES/LINESThe RecordNEW JERSEY. COURT. SCHOOL. ENGLEWOOD. TENAFLY.ENGLEWOOD. ENGLEWOOD CLIFFS. RACEEXODUS FROM MORROW HIGH IS DESCRIBEDBy Dan Garcia, Staff WriterNEWARK

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1503014870115. THURSDAYAll Bergen Editions.=.Bergen South. Bergen North.Bergen.ALSO IN.Passaic-Morris

NEWSbOl0022.9/01654- INCHES/ LINESThe RecordYESENGLEWOOD. SCHOOL. RACE. SOCIETY. TENAFLY. ENGLEWOODCLIFFS. YOUTH*WE ARE ALL FRIENDS HERE'STUDENTS SPEAK UP FOR DWIGHT MORROW

By Lyle V. Harris, Staff Writer

1503013870115. THURSDAYAll Editions.=.Bergen South. Bergen North. Bergen.Passaic-Morris

OPINIONa23COLUMN. OP-ED0023.0/0172+ INCHES/LINESThe RecordENGLEWOOD. ENGLEWOOD CLIFFS. TENAFLY. SCHOOL. STUDENT.BLACK. MINORITY. DISCRIMINATION. COURTBLACK KIDS HERE, WHITE KIDS THEREDAVID CORCORAN

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ORDER NUMBER 880719-101044-INHOUSE -001-003

I: STORY 57

iACCESSDATEEDITION

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1502155870114. WEDNESDAYAll Bergen Editions.=.Central Bergen. EastBergen/Hudson County. South Bergen. Northern Valley.Pascack Valley. Northwest Bergen. West 2. Bergen North.Bergen South

NEWScOl0024.7/0177+The RecordENGLEWOOD CLIFFS.

INCHES/LINES

LAWSUIT. SCHOOL.ENGLEWOOD. TENAFLY.DISCRIMINATION. RACE. BLACK. STUDENTDAD TELLS OF RACISM AT H.S.By Dan Garcia, Staff WriterNEWARK

1497107870109. FRIDAYAll Bergen Editions.=.Bergen South. Bergen North. BergenNEWScOl0017.0/0129+ INCHES/LINESThe RecordENGLEWOOD CLIFFS. ENGLEWOOD. TENAFLY. SCHOOL. RACERACE CITED IN EXODUS FROM SCHOOLBy Dan Garcia, Staff Writer

1496126870108. THURSDAYAll Bergen Editions.=.Bergen South. Bergen North.Bergen.ALSO IN.Passaic-Morris

NEWSbOlMAJOR STORY0034 .7/0249+ INCHES/LINESThe RecordYESENGLEWOOD. SCHOOL. ENGLEWOOD CLIFFS. TENAFLY. STUDENT.VIOLENCE. VANDALISM. RACE. COURT. NEW JERSEYENGLEWOOD HIGH SCHOOL LAMBASTEDBy Dan Garcia, Staff WriterNEWARK

1496105870108. THURSDAYBergen North.

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ALSO IN.BergenNEWSb030015.7/0112+ INCHES/LINESThe RecordYESENGLEWOOD CLIFFS. SCHOOL. OFFICIAL. COURT. ENGLEWOOD.STUDENTRIFT CAUSED SUPERINTENDENT TO RETIREBy Jean Rirobach, CorrespondentNEWARK

1492188870104. SUNDAYAll Bergen Editions.=.Final. South Bergen. NorthwestBergen. Northern Valley/Pascack Valley. East/Central

NEWSa210038.2/0275+ INCHES/LINESThe RecordTENAFLY. ENGLEWOOD. ENGLEWOOD CLIFFS. LAWSUIT. SCHOOL.STUDENTSCHOOL PULLOUT SUIT TO BEGINCLIFFS WANTS OUT OF DWIGHT MORROW

By Dan Garcia, Staff Writer

\Sj DATEI EDITIONI SECTION[PAGE! LENGTH[SOURCE[KEY[HEADNI DATELINE

FSTORY 63

[ACCESSI DATEIEDITIONiSECTION

IPAGEILENGTHISOURCE|EY

IHEAD

1451089861125. TUESDAYNorthern ValleyNEWSc060008.9/0063+ INCHES/LINESThe RecordTENAFLY. SCHOOL. ENGLEWOOD. ENGLEWOOD CLIFFSTENAFLY SCHOOLS LOSE A PRELIMINARY ROUNDBy John H. Kuhn, Staff WriterTENAFLY

1423104861028. TUESDAYBergen North.

ALSO IN.BergenNEWSc030007.9/0056+ INCHES/LINESThe RecordTENAFLY. SCHOOL. MEETING. APPOINTMENT. ENGLEWOOD.ENGLEWOOD CLIFFS. STUDENT. LAWSUITTENAFLY TRUSTEES HIRE 2 TO AID IN LEGAL FIGHTBy John H. Kuhn, Staff Writer

Page 17: 1987-88 Newspaper Clippings School Regionalization (All)

School hearings start Wed. The first court hearing on litigation pit-

ting the Englewood school districtagainst its counterparts in EnglewoodCliffs and Tenafly was slated to be con-vened in Newark today, after Ad-ministrative, Law Judge Kenneth Spr-inger granted a two-day delay in the pro-ceedings.

Englewood Cliffs attorney JohnDegnan will present his arguments first,and is expected to call his initial witnessduring the first of 28 scheduled hearingdates. The. brief delay was sought afterTenafly attorney James Rothschild-wasslightly injured in a skiing accident. ' ,

Witnesses are expected to be called byeach of the three litigants, and data

gathered from consultants' visits to bothTenafly and Dwight Morrow high schoolswill be brought out as expert testimony.Reports on those visitations will also bereleased; they have so far been sealedfrom the press and public.

In the litigation, Englewood Cliffs isseeking to sever its sending/receivingrelationship with Dwight Morrow inEnglewood and instead establish asimilar contract with Tenafly HighSchool. Englewood, meanwhile, wants tobar Tenafly froiq accepting any more

..tuition students' and v?riraraue';that asingle/regionalized high'school should becreated to incorporate all three districts.

/Towns

CLOSTERCRESSKILLDEMARESTENGLEWOODENGLEWOODCLIFFSHARRINGTON PARKHAWORTHNORTHVALENORWOODRIVER VALETEANECKTENAFLYTOTALS

•COUNTY , , , . . ; - , • .

Qrtiirro- Ri>i"O(»n Tnuntv Utilities

1986 populations

8MQ7,61}4,951

23,4855,7414,6123,4325,0224,5459,812

38,51413,408

129,293: 486,356. .'...,. ' *T**' T*1**'!.1.. | . . . > ,'

Authorifv 1987 hUdaet reoort ' •

1985 populations

8,1707,6824,977

23,6755,7474,6343,4525,0484,4979,802

38,98113,500130165

488,151• • • . ' . " i .,' TT' i- 1 .1. ! t •;,!-, ( .• , ,-,

I

Page 18: 1987-88 Newspaper Clippings School Regionalization (All)

• \v

Dr. France takes stand,Degnan presents caseFormer Englewood Cliffs Schools Supt.

Dr. Harold France was expected to com-plete his testimony yesterday at aNewark hearing pitting the Englewoodschool district against its counterparts inEnglewood Cliffs and Tenafly.

Administrative Law Judge KennethSpringer convened the first of the

. scheduled 28 hearing dates last Wednes-day, and France was the first witnesscalled by Cliffs attorney John Degnan.The attorney delivered a blisteringcriticism of Dwight Morrow High Schoolin Englewood during his openingremarks.

France, who led the K-8 Cliffs districtfrom 1973 until September 1986, testifiedthat parents had sought to pull theirchildren out of Dwight Morrow HighSchool for several years. He was cross-examined by Englewood attorney ArnoldMytelka.

Tenafly attorney James Rothschild isslated as next in line to argue his caseand present witnesses once Degnan has

completedJhis testimony.Degnan said he will put educational ex-

perts retained by the Cliffs on the standsometime next week to testify about thedata they collected during a fall visit toDwight Morrow.

The litigation pits Englewood againstthe other two districts in an effort by the<Cliffs to sever its contract with the cityunder which its students attend DwightMorrow. The Cliffs wants to establish asimilar contract with Tenafly HighSchool.

Meanwhile, Englewood is seeking tobar Tenafly from accepting any moretuition students from the Cliffs. Myltelkawill also argue for the creation of aregionalized high school incorporatingall three districts.

The hearing is slated to end sometimein March, after which Springer will col-lect post-trial briefs and submit a recom-mendation to the state Commissioner ofEducation. '

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<M Consultants' reports on Englewood, Tenafly schools revealed

By Bob Wat-burtonStaff Writer

Dwight Morrow High School inEnglewood suffers from "administrativeinstability" and a "negative" at-mosphere where improvement is notready to begin, educational consultantshired by the Englewood Cliffs schooldistrict have concluded.

"Poor climate, undefined roles, peopleshuffling, bureaucratic meetings (and)lack of follow-through seem to be entren-ched within the school's culture," theCliffs' study stated, pointing to low stu-dent attendance, high dropout andsuspension rates and "a high incidence ofdestructive vandalism."

But those experts, hired as part of long-winding litigation through whichEnglewood Cliffs hopes to sever its con-tractual ties with Englewood and insteadsend its students to Tenafly High School,did not go unchallenged. Indeed, in aseparate report using its own experts,Englewood asserted that its high schooloffers a "quality education" amid stu-dent, faculty and curricular diversity.

Not surprisingly, Tenafly's own batchof experts joined with their Cliffscounterparts to laud the offerings atTenafly High School. But Tenafly, for itspart, stopped far short of offering a con-demnation of Dwight Morrow, as it bothcriticized various aspects of the facilitybut also reserved some compliments forit.

The three so-called visitation reportswere released last week after they hadbeen sealed from public scrutiny fornearly two months awaiting the start of ahearing in Newark before Ad-ministrative Law Judge Kenneth Spr-inger. Hearings began last Wednesday.

While Englewood Cliffs is fighting forthe right to contract with the Tenaflyschool district, the three systems arealso-embroiled in two other legal oon-IroversiesriEnglc - * • -- - -

case somewhat with its counterargumentthat Tenafly should be barred from ac-cepting any more tuition-paying Cliffsstudents and that all three districtsshould be merged into a regionalizedhigh school.

The case has been allotted 28-hearingdays by Springer, after which he willmake a recommendation to the stateCommissioner of Education.

Cliffs report

Dwight Morrow students, faculty andadministrators were all dealt poor marksby Educational Adminis t ra t ionAssociates — the Glassboro, NJ. firmhired by Englewood Cliffs. Their 240-page report cited "a sustained history ofadministrative instability" which hassignificantly weakened the school and re-cent turnover in the superintendent'spost and the principalship.

"This instability has resulted in an in-effective and dysfunctional educationalorganization characterized by low staffmorale, poor communications, inade-quate planning and inconsistent programdelivery," the report states. It also main-tains that "faculty members possess a"profoundly ingrained state of frustra-tion and denial" about the current stateof the school.

The school's physical condition alsomet with criticism, as the experts said itshows "evidence of consistent, long stan-ding abuse and administrative/schooldistrict neglect."

The consultants concluded that, if theCliffs' current ties with Englewood werecut, Dwight Morrow's physical plant andprograms would not suffer. As well, thereport maintains, "no significantnegative impact upon the ethnic com-position of the student population" wouldresult.Englewood's case

experts, retained to evaluate the currentcondition of Dwight Morrow, obviouslydiffered.

"DMHS compares favorably withTenafly High School," Dr. Alma Mc-Cloud Evans, an educational consultant,concluded in her report. "But DMHS hasthe added advantage of a diverse studentpopulation — a quality which ranks itamong the very distinctive high schoolsin New Jersey."

On the other hand, Dr. Evans added, ifTenafly were to accept Cliffs students, itsreputation as a "white academy" wouldbe reinforced.

"In my opinion," she wrote, "thdeparture of Englewood Cliffs studenlwould cause White and Asian studentfrom Englewood to leave DMHS, followed in rapid succession by Black anHispanic middle-class Englewoostudents. DMHS would become an alBlack and Hispanic, and increasingl;poor, high school..."

Dr. Robert Fleischer, a former teache;and administrator, underscored thedistrict's objection to Tenafly's willingness to accept Cliffs students.

See CONSULTANTS, Page 3

the cu

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Consultants reports paint different pix(Continued from page 3)

"Tenafly's policy ofaccepting private tuitionstudents subverts statepolicy, on racial balance,has undermined the sen-ding/receiving relation-ship between EnglewoodCliffs and Englewood,and has already begun tocause Englewoodserious educational,fiscal and racial harm,"

he wrote. ' *-City Engineer Ken-

neth Albert noted that.Englewood is "com-mitted" to a capital pro-gram which will makethe high school "one ofthe finest... facilities inNew Jersey."

And Dr. Margaret-Goertz, an educationalresearch scientist atPrinceton, predictedthat the student popula-tion at Dwight Morrow

would drop "more than40 percent" if ties withthe Cliffs were severed,"leaving the high schoolwith only 553 students by1989-90.'*

Tenafly's,findings

Some criticisms ofDwight Morrow broughtout in the -EnglewoodCliffs report were rein-f o r c e d b y t h eWashington D.C. firm of

Cresap, McCormick andPaget, the educationalconsultants hired byTenafly.

Those experts alsocited an "instability inleadership" at DwightMorrow along with "a,need to improve testscores and reduceabsence rates, dropouts,suspensions and van-dalism."

But the report laudedrecent efforts to rightthe school's direction bythe new. "leadershipteam" at Dwight Mor-row, led by. Schools Supt.

• Larry Leverett and prin-• cipal Richard Segall.

, .•... u^ *• 'ij Tenafly estimated that; a new sending/receiving

relationship between.Tenafly and EnglewoodCliffs would result in theloss of just 29 studentsfrom Dwight MorrowHigh School. On theother hand, it argued, "a fnegative impact on thei'delivery of educational:services" would be felt'in Tenafly if that high:school were barred fromreceiving any more tuti-

tion students from theCliffs.

The pros and cons of aregionalized high schoolwere also examined indepth by the Tenafly ex-perts.

They concluded thatthe regionalizationw o u l d " p r o v i d esomewhat expanded andimproved programs.as aconsequence of thelarger size" and "resultin a more raciallybalanced student bodythan currently exists ineither Tenafly or DwightMorrow high schools..."As well, they wrote,students would have a"more diverse socialand c u l t u r a l e x-perience."

But the cost ofcreating and maintain-ing a regionalized highschool program "would

be considerable," thereport cautioned,1 citinggreat demands on staffand management per-sonnel. "Each schoolwould lose its characterand distinetlveness," it

cautioned.As a result, the e;

perts concluded, "TJibenefits associated witestablishing a region;high school do not justifthe costs."

Page 21: 1987-88 Newspaper Clippings School Regionalization (All)

hearingsEnglewooddistricts begCliffs attontestimony fhired by tha

James liTenafly, salthe hearingdays origin*has been pifirst expecte

Dr. Edwa;• for the Glaftional Adm

BidtoAH. ~ 'd a Mostly Black Jersey School

whereby its students attend DwightMorrow, where 81 percent of the 887students are black or Hispanic students; many white parents in Engle-wood send their children to private orparochial schools. Although TenaflyHigh School has a significant Asian en-rollment — 158 students — only 23 ofthe 941 students there are black or His-panic students.

Legal battle: Officials in Englewchildren to Tenafly High School,

But in recent years and in increasinglumbers, Englewood Cliffs's parentslave been paying to send their childreno Tenafly High School and to privateind parochial schools. There are cur-•ently 63 Englewood Cliffs students en-

rolled in Tenafly High School and theparents must pay $4,990 a year in tui-tion for their children to 'attend. Inaddition, 13 students from Englewoodattend the high school in Tenafly.

The dissatisfaction with Dwight Mor-row High School is exemplified by thefact that only 3 of Che 42 eighth graderswho graduated in Englewood Cliffs lastJune entered Dwight Morrow in Sep-tember. In all, there are 33 EnglewoodCliffs students at Dwight Morrow.

Criticism of High SchoolAt a recent hearing before Judge

Ken R. Springer, school board officials

of Englewood Cliffs testified thaiDwight Morrow has low test scores,was beset with problems and that]white students often felt unwelcome at'the school. They said that parents wereabandoning the public school and wereseeking to place their children in aschool environment that was more con-ducive to learning.

Carin J. Geiger, president of the En-glewood Cliffs School Board, said theissue was not one of race but the factthat Tenafly provides a better education.

lals and focus of Dwight Mor-School is primarily oriented

in keeping childrening with high-schocGeiger said. "Thesefocus that are relevtional needs of ourlege acceptance rateyear, is approximatewhile at Tenafly, it's I

Englewood Cliffs oa study showing thatDwight Morrow hadin the county in the Hciency Test, with 74.students passing the5fi.7 percent passing (test. Tenafly student!

i

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school litigation to resume next weektieduled two-week recess in c«

hearings involving the Tenafly,Englewood and Englewood Cliffs schooldistricts began last week in Newark afterCliffs attorney John Degnan concludedtestimony from an educational experthired by that district.

James Rothschild, the attorney forTenafly, said all three lawyers agree thatthe'hearing will last longer than the 28days originally allotted for it. Testimonyhas been proceeding more slowly than

. first expected, Rothschild said.Dr. Edward White, a project manager

for the Glassboro, N.J. firm of Educa-tional Administration Associates, was

questioned last week about the currentstate of Dwight Morrow High School in •Englewood, he said.

White testified that the school suffersfrom several problems, including van-dalism, arson and administrative in-stability — the same conclusions hedelivered in a written report based on avisit to the school, Englewood SchoolsSupt. Larry Leverett said Monday.

Rothschild said Degnan will likely call"several" more expert witnesses to thestand. Meanwhile, the Tenafly attorneysaid he will only call one primary educa-tional expert.

Englewood attorney Arnold Mvtelka is

expected to begin cross examination ofWhite when the hearing re-convenes nextweek before Administrative Law JudgeKenneth Springer, Rothschild said'.My telka is vacationing this week.

Degnan has already called formerCliffs Schools Supt. Harold France andcurrent board of education presidentCarin Geiger as witnesses. Both testifiedthat Dwight Morrow is no longer suitablefor Cliffs students due to deterioratingconditions, Rothschild added.

Englewood Cliffs is arguing for the,right to sever its sending/receiving rela-tionship with the city under which itshigh school students attend Dwight Mar-

row. Instead, the Clilffs wants toestablish a similar contract with TenaflyHigh School,

But Englewood wants to bar Tenaflyfrom accepting any more tuition studentsand is arguing that all three systemsshould be incorporated into a single highschool district.

Tenafly will be next to offer testimonyon the sending/receiving agreement. Thelitigants will then present their respec-tive arguments on the regionalized highschool concept. Rothschild said somediscussion of the regionalization hastaken place, as Springer has been "flexi-ble" about the content of testimony.

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f 71 - The North Jersey Suburbanite-Wednesday, February 4,1987

Suit portends deepening racial crisisDear Editor:

The reports of so-called "experts"ftired by,Englewood Cliffs, Tenafly andEnglewoocfdo very little to illuminate thecurrent litigation involving the threeschool districts. Like psychiatrists forthe prosecution and defense, each is paidto reflect the point of view of the districtwhich paid the bill.

What is really at stake here is fairnessand justice. What we are witnessing is apivotal case which will define the state ofNew Jersey's position on reinstitu-tionalizing segregation in our publicschools. No one wbo looks deeply at thesituation can fail to understand its mean-ing and ramifications.

The legal actions of the EnglewoodCliffs Board of Education to sever its tieswith Dwight Morrow High School is aracial attack which differs from the re-cent incidents at Howard Beach only indegree. Some racists express theirmalevolence in street violence, othershave the economic means to expresstheir bigotry in court. The current na-tional political climate condones theresurgence of both legal and illegalassaults on black people and on racialequality. Our three Bergen County com-munities are on the cutting edpe of anominous step backwards.

Englewood Cliffs litigants hope to get astate "stamp of approve/" for the pre-judice which has already motivatedthem to remove the majority of theirchildren from Dwighi Morrow. Despitethe claims and fluff which have been in-vented to obscure the issue, no one canseriously doubt their racial motivations.(Try imagining the situation in reverseto see how ludicrous it would seem.)Whether there are 29,290 or twoEnglewood Cliffs youngsters currentlyattending Dwight Morrow, the principleis the same: Will the state accept a defacto segregation and make it de jure?By allowing Englewood Cliffs to legallysend its children to Tenafly High Schooljust because so many now attend, the

state will be approving racism as a fac-tor in determining which public schoolswill be attended by whom.

In our country, for better or worse,people can still elect to send theirchildren to private schools for anyreason, including bigotry, but thisgeneraBy has a high price tag. To avoidintegration in the south, many whites setup costly private academies. TheEnglewood Cliffs litigants want thiswhite academy system, too, but theydon-'t want to pay for it. They want itestablished at public expense and withlegal blessing.

For Tenafly to participate in thislawsuit and to accept Englewood Cliffsstudents on this basis is, frankly, an im-moral and mercenary position.Regardless of the "quality" of theirschools — schools in nigh-income com-munities always do better in nationaltesting due to the advantages money willbuy — they are the receivers of such apotential windfall primarily because ofthe complexion of their town and schools.

If the Tenafly and Englewood Cliffslitigants were genuinely interested inquality education with racial andcultural diversity, then the Englewoodcounter-proposal for a regional highschool would be roundly embraced bythem, regardless of the costs cited in theTenafly experts' report. Costs, no matterhow high, have not inhibited eitherTenafly or Englewood Cliffs from in-itiating this disgraceful lawsuit in thefirst place. But this is noi the real goal ofthese two boards of education

If the State of New Jersey sides withthem in this case, it will be a sad and in-glorious day and, like the Howard Beachattacks, could portend a deepening crisisin race relations in this country. Is thisthe future we wish to hand on to ourchildren, black and white?

Ann SparaneseBob Guild

Engiewood

Page 24: 1987-88 Newspaper Clippings School Regionalization (All)

r

v//Ife^^*-y*Wl I—•»-- • •' "'•

Dates addedThirty-one dates have been added to

the hearing before state AdministrativeLaw Judge Kenneth Springer in Newarkin litigation involving the Tenafly,Englewood and Englewood Cliffs schooldistricts, attorneys confirmed this week.

The hearing, originally slated to end byearly next month, will now continuethrough April and into May, Englewoodattorney Arnold Mytelka said.

"Everyone perceives the trial to be go-ing a little bit more slowly than everyoneoriginally thought it would," agreedTenafly attorney James Rothschild, whohas yet to call his first witness.

Springer will reconvene the hearingtomorrow, after a two-week recessgranted to Mytelka for his vacation time.The lawyer for the Englewood schools isexpected to begin his cross-examinationof an expert witness called by Cliffs at-torney John Degnan.

March 5 had been the original cutoff,but attorneys for the three sides agreedby consensus that additional court dateswould be needed. After another two-weekhiatus, the hearing will reconvene onMarch 19.

Springer has set aside eight days inMarch, 13 in April and 10 more in May foradditional court dates. May 22 is the finalscheduled day.

"We're trying to be very pragmaticabout this," Mytela offered. "What thisdoes is add flexibility to the case. You^an't predict how long testimony is going- to be." The original allotment of 28 days

has been reduced by snow days and otherunexpected delays, Mytelka noted.

Englewood Cliffs is arguing for theright to sever its contract withEnglewood under which its students at-tend Dwight Morrow High School. In-stead, it wants to establish a similar rela-tionship with Tenafly High School.

Meanwhile, Mytelka is asking thatTenafly be barred from accepting anytuition-paying students from Englewood.That portion of the case is being arguednow before Springer, as Englewood'smain goal — to have all three districts in-corporated into a single regionalizedhigh school — will be addressed later.

Page 25: 1987-88 Newspaper Clippings School Regionalization (All)

Second extension set by Newark judge

School litigation slated till end of SeptBy Bob WarburtonStaff Writer

A second extension has been ordered inthe Newark court hearing involving theEnglewood, Englewood Cliffs and Tenaf-ly school districts, officials for thelitigants announced last week. The caseis now slated to end Sept. 30.

"I think it's moving slower than initial-ly expected," said Glen Curving, an at-torney for Tenafly. The hearing beforean administrative law judge hadoriginally been scheduled to end March 5after 28 hearing dates, but was subse-quently stretched to May 22 for another31 days of hearings.

With this latest extension, a total of 62more trial days have now been added,with as many as 13 expected for bothApril and June. Curving said Judge Ken-neth Springer and counsel for all three

'districts "jointly agreed" to schedule thetrial dates into the fall.

"Calculations were made by thelawyers as to what witnesses will have tobe called," said Arnold Mytelka, theEnglewood attorney, adding that he was"unhappy that the case is taking this longto try."

"I certainly would rather see it pro-ceed more quickly," offered Mytelka,who otherwise said he is "very satisfied"with the way the hearing is proceeding.

In the initial phase of the litigation,Englewood Cliffs is arguing for the rightto sever its sending-receivong relation-ship with Englewood under which itsstudents attend Dwight Morrow HighSchool in the city. The Cliffs wants toestablish a similar contract with Tenaf-ly.

Meanwhile, Mytelka is asking thatTenafly be barred from accepting anymore tuition-paying students from the

„ Cliffs., And when the hearing enters itssecond phase,•> Englewood will >likewise 1

corporated into a single regional highschool.

BothJTenafly and Englewood have yetto call a witness or begin arguing theircases before the court.

Reaction

Englewood Schools Supt. LarryLeverett said he was not disturbed by theextension. "The process itself warrantsthe period of time that has beenallocated," he said. .

The need for more court dates is "justanother example of how intricate and

complicated this litigation is," Leverettadded.

Tenafly Schools Supt. Dr. GeraldDeGrow remarked, "The only reasonI'm not surprised is that after the firstweek of the hearing, I began to perceivethat the questioning was very minute andtime consuming."

DeGrow said the extension will notforce Tenafly to amend its budget alloca-tion of $275,000 for the litigation.

Educational experts for EnglewoodCliffs have testified recently as to theeducational, demographic and financialimplications of that district's decision to

seek to sever its contract with DwightMorrow. The agreement was forged inthe late 1960s.

Springer will hand down his recom-mendation on both questions oncetestimony is concluded and post-trialbriefs are filed. The case will then berefe'rred to state Commissioner ofEducation Saul Cooperman, and appealsmay take place later.

Leverett, for one, said he has "resign-ed himself" to the notion that the litiga-tion's "ultimate" conclusion may not bereached for another "18 months to twoyears."

Page 26: 1987-88 Newspaper Clippings School Regionalization (All)

ENGLEWOOD CLIFFS • Most tax-payers are not disgruntled over theamount of funds allocated for ongoinglitigation against the Englewood schoolsystem, Englewood Cliffs trusteesbelieve, despite last week's defeat of thedistrict's $3.7 million current expensebudget.

"We have a very supportive communi-ty behind our decision to terminate ourrelationship with Dwight Morrow HighSchool" board of education presidentCarin Geiger asserted Friday

The $3,786,904 spending formula lost by89 votes in last Tuesday's election, withjust over 14 percent of registered voterscasting ballots. It was the third year in arow the Cliff a fi/.h««i budget has ~

discounts lawsuit's effect on budsetschool taxes set to rise 12.6 cents per $100 Mrs Geiger said m «,» n .- ** *»• *«»| *of assessed valuation TH,™.,,,,,, *li i1,8: u?lger.saicl- No staff Positions were -Th« na^nt.,^T,school taxes set to rise 12.6 cents per $100of assessed valuation. Three-quarters ofthat increase can be traced to the litiga-tion costs, board secretary MichaelHayser said Monday.

Englewood Cliffs is suing to terminateits sending-receiving contract withEnglewood, whereby Cliffs teen-agers at-tend Dwight Morrow High School in thecity. The case is currently being heard byAdministrative Law Judge Kenneth Spr-inger in a hearing which is scheduled toend by Sept. 30.

"The budget in Englewood Cliffs has ahistory of not being passed each year,"said Mrs. Geiger, who added that shewas not surprised by this year's defeat.

a facto?"' Ut' She Said' "r think it>s

A total of $320,000 was allocated in the P°°r tUm°Ut

* **•« «"• *keeping expenditures at last year's level,

Mrs. Geiger said. No staff positions werereduced to fund the litigation, she saidalthough some aides and teachers willnot be rehired; Along with legal costs theonly other major expenditure was $62 000for new classroom computer equipmentshe said. '

"The litigation is something thateveryone is in favor of," trustee LynnLiaskos agreed. "I have rarely seen thatbudge,t passed."

The. district currently serves 489students, including 48 eighth-graders

..win. will be eligible to attend DwightMorrow next year. «w«B"i

' I . ' "Oelieve the budget defeat has.nothing to do with legal fees," said.trustee Sadri Garakanl, who ran unop-posed, for a second term this year "Ouroudgets are defeated yearly."

In a'year with no contested electionmany of the school parents who other-wise may have favored the budget simp-Iv did not bother to vote **" n ' •

"The parents didn't come out to vote "she said. "It's a shame. This has been go-Ing on for so many years I don't know

what the cause is."The budget passed only in the first

district which, trustees said, contains themajority of senior citizens in theborough. So any claim that taxpayerswith no children in the district united tovote the budget down would be falseMrs. Geiger said. "I'm very proud of oursenior citizens," offered Ms. Liaskos

Mayor Joseph Parisi and the borougncouncil can now make cuts in the budgeithough they are legally prevented fromdictating where specific reductions must

be made. Trustees can appeal any cuts tothe state Commissioner of Education

An initial decision on how much toslash may be made in about three weeksParisi said. The governing body is notlegally bound to make cuts

Page 27: 1987-88 Newspaper Clippings School Regionalization (All)

m ra. - . - M . >- ^- I

ENGLEWOOD - A resolution sup-porting "in principle" the board ofeducation's ongoing litigation with theEnglewood Cliffs and Tenafly schooldistricts won the endorsement of the citycouncil last week.

Council members Wednesday workedto rephrase the resolution so that It wouldnot Imply a pledge to supply financialbacking to the school district's legalfight.

"I don't want them to think for a mo-ment that we have monies for that,"Council President Carol Feinstein said,adding, "Philosophically, I'm in agree-ment."

The council was expected to pass themessage unanimously last night.

Englewood is seeking through thelitigation to create a single, regionalizedhigh school to encompass all three localdistricts as well as to bar Tenafly HighSchool from accepting any more tuition-paying students from Englewood Cliffs.The Cliffs, meanwhile, Is suing to sever|'o cpndlng-recelvlng relationship with

the city under which its students attendDwight Morrow High School.

The case is currently being heard by anAdministrative Law judge in a Newarkcourtroom. That hearing Is scheduled toend by Sept. 30.

Councllwoman Shirley Lacy, for one,believes the case Is of such "significanceand magnitude" that the city should notrule out the possibility of financial sup-port to assist the board In paying legalfees.

"I'm willing to support (the litigation)to the extent of putting money into it, ifthat becomes necessary," Mrs. Lacysaid.

And Mayor Steven Rothman added, "Iwholeheartedly support.CouncllwomanLacy's position on this matter."

Schools Supt. Larry Leverett, for hispart, commented, "At the appropriatetime, the board of education will workthrough those Issues. I don't think there'sanything immediately we need to attendto." He said it was encouraging to have"the doors of communication ooen" with

the governing body.To date, no requests for financial

assistance for the litigation, apart fromcouncil passage of the 1987-88 schoolbudget, have been made, Leverett said.The district set aside $200,000 in thebudget for legal fees next yeai*.

"Leaders from both sides of the aislehave been talking about the need forcooperation," the superintendent said.Attorneys for the school board had not re-quested any show of support from thecouncil, he said.

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/^••"V—'I/LCA.v«x*v*_(/--— 7 / ( / ' • ' /

Englewood lawyers okay 20 percentreduction in bills in school lawsuit

ByBobWarburtonStaff Writer

ENGLEWOOD - Attorneys for the ci-ty's public school district have agreed toreduce their bills for hourly work by 20percent during the ongoing litigationwith the Englewood Cliffs and Tenaflyschool systems.

Salvatore Alfano, a senior litigating at-torney for the Newark firm of Clapp &Eisenberg, confirmed that he agreed to.the discount in March, acting on MayorSteven Rothman's request for some typeof financial savings.

"The city of Englewood has been avery good client," Alfano said Friday."We have a good client who we feel iscommitted to a very substantial secialissue. And we understand thaf the cost ofthis litigation is very high."

"To me, this is gravy," said Rothman,who met with Alfano and Schools Supt.Larry Leverett on March 23 for an up-date of the case's progress. Before con-cluding the meeting, the mayor said, nw*asked Alfano if he could arrange somesort of fee savings.

The March session coincided withRothman's work in helping to forge a1987-88 schools budget with the board ofschool estimate, a joint city-school panelwhich is chaired by the mayor.

"While we were discussing the very

difficult negotiations in hammering out aschool budget, this was an opportunetime to raise the issue with the school'slaw firm," Rothman said. "The at-mosphere was then right for me tonegotiate a reduction in legal fees," headded.

Englewood budgeted $200,000 for legalexpenses next year. Paul Tractenbergand Arnold Mytelka, two of the city's at-torneys, earn $150 and $105 an hour,respectively.

A good deal

"I was very pleased," said Rothman."I thought this was something above andbeyond the call of duty. But I felt as onelawyer that my request to anotherlawyer would be received in the true

spirit in which I suggested a cut in fees."The Englewood district is now in a

Newark courtroom asking an ad-ministrative law judge to create aregionalized high school incorporatingstudents from Tenafly and the Cliffs.

And Mytelka, who has handled the trialwork for Englewood, said he will begincalling witnesses for the city this week.He remained tight-lipped, however, onwho would be the first to testify.

Meanwhile, Englewood Cliffs is suingto sever its sending-receiving contractwith Englewood under which its studentsattend Dwight Morrow High School in the .city; it instead wants a similar arrange-ment with Tenafly High School, whichcurrently accepts non-resident studentson a tuition-paying basis. Englewood is fasking the court to bar Tenafly from ac-cepting any more tuition-paying studentsfrom the Cliffs.

Alfano said his firm'-has offered apercentage discount to other clients in-volved in extensive legal proceedings. Hewould not speculate how muchEnglewood might save through theagreement. •'

Page 29: 1987-88 Newspaper Clippings School Regionalization (All)

estimony concludes in school-district litigationWriter

final witness in the litigation pit-pting the Engtewood school district;agatost both the Englewood Cliffs and

l/Tenafly school systems testified lastk'week, as the 10-month trial came to a

•lyBobWartHirton «4**4i**i******f'' a regionalized agreement impractical.and detrimental to the borough's schoolsystem.

Englewood 'is suing to create aregionalized high school incorporatingstudents from the three high schools.. Thecity's board of education also wants thecourt to bar the Tenafly schools from ac-cepting any more tuition-paying studentsfrom the Cliffs.

1 The Cliffs board of education wants tovoid a sendlng-receiving contract withEnglewood, whereby its students attendDwight Morrow High School in the city.Instead, trustees want to send theirstudents to Tenafly High School.

A 10-month case

Administrative Law Judge KennethSpringer convened the Newark hearingJan. S, and the proceedings wound IntoOctober following a series of extensions.

"The trial Uwted longer than anyone'expected," said James Rothschild, the

rt . Carin Geiger, former president of the^ Englewood Cliffs board of education and/ stili.a trustee them, was the final witness

to testify for the Englewood Cliffssystem's attorney, John Degnan.

|r Geiger's testimony buttressed• . Degoan's contention that a regionalized

high school Incorporating all three highschools would not be feasible for theCliffs, the attorney said.

• "We proved what we had to prove,"

caidof the lengthy court proceedings.Only about 22 Cliffs students are atten-

4tag Englewood'8 Owlght Morrow High**.. _ ..»,,.,.._, .^,,

attorney for the Tenafly board of educa-tion.

Post-trial briefs from Uie threelawyers are due in about.two months,and Springer's recommendation toBtateCommissioner of EducatiqnSauI Cooper-man is expected another'two monthsafter that deadline.

Cooperman's decision is due nextMarch, at which time an appeal could befiled to have the state board of educationrule on the case 45 days later. Finally,the Appellate Division of the stateSuperior Court could hear the matter.

Asked if he expected the litigation toreach the highest appeals stage,Rothschild said, "It might. There's avery good chance."

Springer has the option of ordering fur-ther oral summations before he flies arecommendation with Cooperman, butDegnan and Rothschild -said theydoubted that such a request would bem a d e . , . , . , , , , .' 'The 'administrative-law proceedings'

began with Englewood Cliffs arguingagainst the sendlng-receiving pact andTenafly following-suit. Englewood at-torney Arnold Mytelfca then offered hiscase for a regionalized high school, withrebuttal from the lawyers for the Cliffsand Tenafly districts following.

Page 30: 1987-88 Newspaper Clippings School Regionalization (All)

School-suit tabnears $3 millionByBobWarburtonStaff Writer

The Tenafly, Englewoodand Englewood Cliffs publicschool districts have loggedcombined legal costs of near-ly $3 million in their ongoinglitigation over which highschool students from thethree communities will at-tend.

The legal battle began inlate 1985, when theEnglewood Cliffs districtsued to sever the sen-ding/receiving contract withEnglewood that saw itsstudents attend Dwigh't Mor-row High School in the city.The Cliffs board wants tosend its students to TenaflyHigh School instead.

Englewood, meanwhile,argued for creation of aregionalized high school in-corporating all threedistricts. It also sued to pre-vent Tenafly from acceptingany more tuition-payingstudents from EnglewoodCliffs.

Lawyers for the threedistricts submitted post-trialbriefs to Administrative LawJudge Kenneth Springer Fri-day. Rebuttal briefs to thosedocuments are due by Dec.19, attorneys said.

The 10-month trial, which

took place in a Newark cour-troom, came to a close in Oc-tober.

Springer's final decisionmay be handed down in "lateFebruary, early March,"Tenafly schools' attorneyJames Rothschild said.

That recommendation willeither be affirmed or rejectedby state Commissioner ofEducation Saul Cooperman,at which time an appeal couldbe filed to have the stateBoard of Education rule onthe case 45 days later.

Springer also has the optionof ordering oral summationsbefore forwarding his recom-mendation to Cooperman.

Dollar figures

A comparison of the threedistricts showed that theEnglewood district has outs-pent its co-litigants since thelegal battle began in 1985.

Schools Supt. LarryLevere t t e s t ima tedEnglewood's total expensesat $1.3 million to date. Thatamount includes consultants'fees, attorneys' fees for trialwork, and all other legal ex-penses for the school suit.

Englewood is currently for-mulating its projected legalexpenses for the 1988-89

See SCHOOL, page 81

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Late-winter ruling expected

Judge gets briefs in school districts' suit*•* «•* r* '- tfc ftjizjf 7

ByBobWarburtonStaff Writer

Ninety-eight days of cour-troom testimony were sum-marized in legal briefs thatattorneys for the Englewood,Englewood Cliffs and Tenaflypublic school districts sub-mitted last week to Ad-ministrative Law Judge Ken-neth Springer.

The three 100-pagedocuments presented each"side's position in a case thatwill determine where highschool students from thethree communities areeducated. Additional rebuttalbriefs are also expected thisweek.

The dispute started when

the Englewood Cliffs districtsought to sever its sending-receiving contract withEnglewood — a pact that hasCliffs students attend DwightMorrow High School in this ci-ty. Instead, the Cliffs is seek-ing to establish a similar ar-rangement with Tenafly HighSchool. ••>''*

Englewood, meanwMle,wants to create a regionalizedhigh school incorporating

-sttrasnrr irom the threedistricts. The city districtalso sued to prevent Tenaflyfrom accepting any moretuition-paying students.

Springer is expected tohand down his recommenda-tion on the case In lateFebruary or early March.

Englewood's appeal

The Englewbod brief,

Separed by attorneys Arnoldyt% I k a a n d P a u l

Tractenberg, opened with astirring appeal to Springer.

"This case is..about raceand about education andabout much else," Mytelkawrote, "but It Is mostly aboutrace."

"This case is complex butnot difficult," the attorneyadded In the brief. "It islayered with human emotion— with fears, with mlspercep-tions, even with unvarnishedbigotry.

"Diversionary issues, suchas the unsubstantiated andunprincipled attack onDwight Morrow's educational

quality, should be disposed ofwith dispatch," Mytelka add-ed, referring to much of theargument brought forth bythe Cliffs.

While Cliffs students con-stituted 45 percent of DwightMorrow's population in 1983,that representation has slip-ped to 4.4 percent this year,according to the Englewoodattorneys' brief.

"Racial a t t i t u d e s ,misperceptions and fearsabout DMHS, political andpeer pressure, litigation, theTenafly private tuition policyand the Cliffs board's deci-sion to enter Into a (sen-ding/recelvlng) relationshipwith Tenafly are the primarycauses for the decline inenrollment of Cliffs students

, at DMHS," Mytelka conclud-

and misunderstanding aboutDMHS are rampant" In theCliffs. And there is "a greatdeal of social pressure in(the) Cliffs against attendingDMHS," the documentargued.

To sever the sending-receiving contract is wrongbecause "it sanctions whiteflight with public funds" and"permits communitypreferences to override con-1stitutional principles,"11Mytelka wrote.

."Severance wou/decimate the DMHS .gramy the Englewood/torney added.

And to continue toTenafly to acceptstudents would only exbate - a "morale probthere, Mytelka stated.

A < r c o r < J i r » K^^JJ^j^***j BMMfcMl tt*! '"^^* ' *,•.

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_ . - ' Jv-tuA^if- /*L*-*lf> .,

Briefs provided in suit(From page 11)

"Although the climate atTHS is generally positive, thelack of diversity creates asubtle form of lethargy in theway that teachers andstudents approach theirtasks," the Englewood briefstated. "There is a 'creepingnegativism' that permeatestoe school staff and ad-ministration, and that mightcause a future calamity."

Meanwhile, Tenafly 'sprivate tuition policy hasharmed Dwight Morrow"racially, educationally andf inanc ia l ly , " My te lkaargued.

The remaining section ofthe brief was devoted toEnglewood's arguments forcreating a regional highschool.

"Englewood, Tenafly and(the) Cliffs have beenfashioning a single educa-tional community for severalyears now," Mytelka said. "ItIs time to recognize it withregionalization."

A "racially balanced"school — with 60 percent ofthe students white or Asianand 40 percent black andhispanics — would resultfrom the new regional highschool, Mytelka wrote.

Such an arrangementwould also cure the problemscreated by declining enroll-ment at both Tenafly andDwight Morrow high schools,the attorney added.

And the reluctance express-ed by Tenafly parents to sendtheir children to a regionalhigh school is "knee-jerk,"sot "thoughtful decisions,"Mytelka added.

Cliffs' arguments

John Degnan, the attorneyfor Englewood Cliffs, calledthe decision to sever the sen-ding/receiving contract "theculmination of many years ofIncreasing frustration in theCliffs with the quality ofeducation at DM and with theindifference of the Englewoodboard to the deterioration ofits high school."

Much of Degnan's briefcentered on his claim that a"dual" sending-receivingrelationship, allowing Cliffsstudents to attend eitherTenafly High or Dwight Mor-row, "may be the best solu-tion to the issues presented inthis litigation."

But the attorney cautionedthat, "The Cliffs' suggestionof this remedy should not beconstrued as an acceptance ofEnglewood's shrill and vir-tually hysterical cries ofstigma."

There are 21 Cliffs studentsenrolled at Dwight Morrow,Degnan's brief noted. And thewithdrawal of that small

Degnan's legal argument." i t i s c l e a r t h a t

Englewood's own populationhas been abandoning itsschool system and, as there isconsensus that parents areprimarily driven by percep-tions of quality, it is virtuallyindisputable that — at least inperception — the Englewooddistrict's quality has beenviewed unfavorably inEnglewood itself," Degnanwrote.

Degnan deferred most ofh i s de f ense a g a i n s tregionalization to the Tenaflybrief, but strong statementson that subject were offeredin the Cliffs brief.

"One cannot help but ask:if DM is as fine and diverse aninstitution as Englewoodargues, why does that districtso f e r v e n t l y d e m a n dregionalization or the erec-tion of barriers in the form ofinjunctive relief to leavingDM and attending THS,"Degnan asked.

"The answer is an obviousone: Englewood's requestsare tactical strategies design-ed to coerce Tenafly's retrac-tion of its good faith commit-ment to receive Cliffsstudents if withdrawal isgranted."

Despite "attempts byEnglewood to obfuscate withgroundless allusions toracism," Degnan said "thereis only one reason" for thedecision to withdraw theCliffs students: "the qualityof education at DM — and theperception of that quality inthe Cliffs — is so poor thatCliffs students are abandon-ing public education at thehigh school level."

And Tenafly's side

Tenafly district lawyerJames Rothschild argued forprotecting Tenafly's policy ofaccepting tuition students,and also voiced strong objec-tions to Englewood's conceptof a regional high school.

When it agreed in principleto accept Cliffs students,"The Tenafly (board ofeducation) at no time intend-ed to harm Engiewood, nordid it intend to encouragesegregation either in its ownschools or those of Englewoodor (Englewood) Cliffs,"Rothschild wrote.

A total of 107 tuition-payingstudents now attend TenaflyHigh School, with 76 fromEnglewood Cliffs and 16 fromEnglewood, Rothschild'sbrief noted.

The district's tuition policyhas proven successful inkeeping enrollment high atTenafly High School and"generating substantialrevenues," Rothschild said.It has also increased the"diversity" of the high school

junction barring Tenaflyjfrom accepting more tuition-paying students by criticizingthe quality of Dwight MorrowHigh School.

"Thus, an injunction would :be viewed as a last-gapgesture by a school which isso badly run that it must seekoppressive measures to ob-tain students," the Tenaflyattorney wrote in the brief.

"The impact of such a lossbe be severe," he said, addingthat teachers and programswould have to be trimmed atTenafly High School.

Rothschild based anothersection of his brief on the ef-fects of forced regionaliza-tion.

"Regionalization to Tenaflywould mean dismantling aschool which is excellent,distinctive and a part of thecommunity, which wascarefully built over time atgreat expense of effort andmoney, only to start over totry to build a school whichsomeday might be as good,"Rothschild said.

The Tenafly attorneydoubted that regionalizationwould be feasible in a prac-tical sense, and asked why itwould be necessary to breakup a very successful highschool. .

"Since THS has a diversestudent body, which is becom-ing increasingly morediverse, and has stabilized itsenrollment, Englewood isasking the commissioner (ofeducation) to solve problemsfor Tenafly that do not exist,"Rothschild wrote.

The attorney also citeddiscussions between Tenaflyparents and Schools Supt. Dr.Gerald DeGrow concerningthe formation of a regionaliz-ed hi oh school

"Their unanimous viewwas that they did not want tobe part of a regional highschool and would not sendtheir -children there," thebrief stated.

"The reasons expressed byTenafly parents were notracial, but rather concerned aperceived decline in the quali-ty of the education to be of-fered to their children, andthe loss of local control overthe school."

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1988

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STORY 1

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l . STORY 7

HEAD

THE RECORD SUES TO VIEW LEGAL BILLS IN CLIFFS SCHOOLFIGHT

880908. THURSDAYb02All Editions.=.Late. EarlyNEWS

TENAFLY HIGH RULED OUT FOR 14 FROM CLIFFS880904, SUNDAY328All Editions.=.SundayNEWS

DEFINING AN *A+ EDUCATION'880831. WEDNESDAYb08All Editions.=.Late. EarlyOPINION

MINUTES OF CLIFFS TRUSTEES SOUGHTENGLEWOOD FIGHTS STAY OF COOPERMAN RULING

880817. WEDNESDAYb03All Editions.=.Late. EarlyNEWS

TENAFLY FIGHTS REGIONALIZATION880811. THURSDAYb!2All Editions.=.Late. EarlyOPINION

KIDS DESERVE AN A+ EDUCATION880808. MONDAYblOAll Editions.=.Late. EarlyOPINION

DEBATING THE QUALITY OF A HIGH SCHOOL EDUCATION IN

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STORY 7

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THE RECORD SUES TO VIEW LEGAL BILLS IN CLIFFS SCH° ;FIGHT

880908. THURSDAYb02All Editions.=.Late. EarlyNEWS

TENAFLY HIGH RULED OUT FOR 14 FROM CLIFFS880904. SUNDAY328All Editions.=.SundayNEWS

DEFINING AN *A4 EDUCATION'880831. WEDNESDAYbOSAll Editions.=.Late. EarlyOPINION

MINUTES OF CLIFFS TRUSTEES SOUGHTENGLEWOOD FIGHTS STAY OF COOPERMAN RULING

880817. WEDNESDAYb03All Editions.=.Late. EarlyNEWS

TENAFLY FIGHTS REGIONALIZATION880811. THURSDAYb!2All Editions.=.Late. EarlyOPINION

KIDS DESERVE AN A+ EDUCATION880808. MONDAYblOAll Editions.=.Late. EarlyOPINION

DEBATING THE QUALITY OF A HIGH SCHOOL EDUCATION II

U -

It!

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STORY 6

THE RECORD SUES TO VIEW LEGAL BILLS IN CLIFFS SCHOOFIGHT

880908. THURSDAYb02All Editions.=.Late. EarlyNEWS

TENAFLY HIGH RULED OUT FOR 14 FROM CLIFFS880904. SUNDAYa28All Editions.=.SundayNEWS

DEFINING AN *A+ EDUCATION'880831. WEDNESDAYb08All Editions.=.Late. EarlyOPINION

MINUTES OF CLIFFS TRUSTEES SOUGHTENGLEWOOD FIGHTS STAY OF COOPERMAN RULING

880817. WEDNESDAYb03All Editions.=.Late. EarlyNEWS

TENAFLY FIGHTS REGIONALIZATION880811. THURSDAYb!2All Editions.=.Late. EarlyOPINION

HEADDATEPAGEEDITIONSECTION

STORY 7

HEAD

KIDS DESERVE AN A+ EDUCATION880808. MONDAYblOAll Editions.=.Late. EarlyOPINION

DEBATING THE QUALITY OF A HIGH SCHOOL EDUCATION IN

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THE RECORD SUES TO VIEW LEGAL BILLS IN CLIFFS SCHOOLFIGHT

880908. THURSDAYb02All Editions.=.Late. EarlyNEWS

TENAFLY HIGH RULED OUT FOR 14 FROM CLIFFS880904. SUNDAYa28All Editions.=.SundayNEWS

DEFINING AN *A+ EDUCATION'880831. WEDNESDAYb08All Editions.=.Late. EarlyOPINION

MINUTES OF CLIFFS TRUSTEES SOUGHTENGLEWOOD FIGHTS STAY OF COOPERMAN RULING

880817. WEDNESDAYb03All Editions.=.Late. EarlyNEWS

TENAFLY FIGHTS REGIONALIZATION880811. THURSDAYb!2All Editions.=.Late. EarlyOPINION

HEADDATEPAGEEDITIONSECTION

STORY 7

HEAD

KIDS DESERVE AN A+ EDUCATION880808. MONDAYblOAll Editions.=.Late. EarlyOPINION

DEBATING THE QUALITY OF A HIGH SCHOOL EDUCATION IN

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THE RECORD SUES TO VIEW LEGAL BILLS IN CLIFFS SCHOOLFIGHT

880908. THURSDAYb02All Editions.=.Late. EarlyNEWS

TENAFLY HIGH RULED OUT FOR 14 FROM CLIFFS880904. SUNDAY328All Editions.=.SundayNEWS

DEFINING AN *A+ EDUCATION'880831. WEDNESDAYb08All Editions.=.Late. EarlyOPINION

MINUTES OF CLIFFS TRUSTEES SOUGHTENGLEWOOD FIGHTS STAY OF COOPERMAN RULING

880817. WEDNESDAYb03All Editions.=.Late. EarlyNEWS

TENAFLY FIGHTS REGIONALIZATION880811. THURSDAYb!2All Editions.=.Late. EarlyOPINION

KIDS DESERVE AN A+ EDUCATION880808. MONDAYblOAll Editions.=.Late. EarlyOPINION

DEBATING THE QUALITY OF A HIGH SCHOOL EDUCATION IN

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HEADDATEPAGEEDITIONSECTION

THE RECORD SUES TO VIEW LEGAL BILLS IN CLIFFS SCHOOLFIGHT

880908. THURSDAYb02All Editions.=.Late. EarlyNEWS

TENAFLY HIGH RULED OUT FOR 14 FROM CLIFFS880904. SUNDAYa28All Editions.=.SundayNEWS

STORY 3

HEADDATEPAGEEDITIONSECTION

STORY 4

HEAD

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DEFINING AN »A+ EDUCATION'880831. WEDNESDAYbOSAll Editions.=.Late. EarlyOPINION

MINUTES OF CLIFFS TRUSTEES SOUGHTENGLEHOOD FIGHTS STAY OF COOPERMAN RULING

880817. WEDNESDAYb03All Editions.=.Late. EarlyNEWS

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HEADDATEPAGEEDITIONSECTION

STORY 7

HEAD

TENAFLY FIGHTS REGIONALIZATION880811. THURSDAYb!2All Editions.=.Late. EarlyOPINION

KIDS DESERVE AN A+ EDUCATION880808. MONDAYblOAll Editions.=.Late. EarlyOPINION

DEBATING THE QUALITY OF A HIGH SCHOOL EDUCATION IN

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^^. 1

4ORDER NUMBER 880909-Q90655-INHOUSE -002-001

f•STORY 1

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:STORY 24

HEAD•DATE

,-;-PAGE' i; EDITION',-: SECTION

' = STORY • 3

r HEAD;DATE-PAGE:;EDITIONSECTIONIf

STORY 4

MHEADF

THE RECORD SUES TO VIEW LEGAL BILLS IN CLIFFS SCHOOLFIGHT

880908. THURSDAYb02All Editions. = . Late. EarlyNEWS

TENAFLY HIGH RULED OUT FOR 14 FROM CLIFFS880904. SUNDAYa28All Editions.=.SundayNEWS

DEFINING AN %A+ EDUCATION'880831. WEDNESDAYb08All Editions.=.Late. EarlyOPINION

MINUTES OF CLIFFS TRUSTEES SOUGHTENGLEWOOD FIGHTS STAY OF COOPERMAN RULING

880817. WEDNESDAYb03All Editions. = .Late. EarlyNEWS

UTE

TENAFLY FIGHTS REGIONALIZATION880811. THURSDAYb!2All Editions. = . Late. EarlyOPINION

KIDS DESERVE AN A+ EDUCATION880808. MONDAYblOAll Editions.=.Late. EarlyOPINION

DEBATING THE QUALITY OF A HIGH SCHOOL EDUCATION IN

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ORDER NUMBER 880909-090655-INHOUSE -002-001

ENGLEWOOD880807. SUNDAY003All Editions.=.SundayOPINION

DATE•PAGE?EDITION\N

J"STORY 8

; HEAD•.DATE:PAGE

EDITION•SECTION

€STORY 9

* <HEAD't

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:'SECTIONNOTES

"STORY 10« €

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.STORY; 12

TRUSTEE VOWS NEW FIGHT IN CLIFFS CASE880728. THURSDAYb!2All Editions.=.Late. EarlyNEWS

CLIFFS BOARD: SUIT IS NOT RACIALMOVES TO DISTANCE ITSELF FROM QUOTE

880726. TUESDAYbOlEarlyNEWS1 of 2 versions in Early edition 2*.

TENAFLY TRUSTEE RESIGNS IN PROTESTURGES END TO SUIT OVER HIGH SCHOOL

880726. TUESDAYt>01Late.ALSO IN.Early

NEWS2 of 2 versions started in Early edition 3*

THREE SCHOOLS IN A QUANDARY880725. MONDAYblOAll Editions.=.Late. EarlyOPINION

LESSONS VIA LAWSUITS880724. SUNDAY003All Editions.=.SundayOPINION

A RESOLUTION, NOT A LAWSUIT880724. SUNDAY002

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: STORY 21* 1

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M

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NEWS

CLIFFS TRUSTEES TO APPEAL FOR SCHOOL SWITCH880719. TUESDAYbOlAll Editions.=.Late. EarlyNEWS

SEVERAL BUMPED FROM TENAFLY HIGH DON'T MIND MOVE880719. TUESDAYb04All Editions.=.Late. EarlyNEWS

TENAFLY BOARD IN NO RUSH TO FIGHT COOPERMAN EDICT880717. SUNDAYa29All Editions.=.SundayNORTHEAST COMMUNITY.ALSO IN.SOUTHEAST COMMUNITY

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880909-090655-iNHousE -002-001

All Editions.=.SundayOPINION

CLIFFS HIRES NEW ATTORNEY FOR APPEAL OF SCHOOL SUIT880724. SUNDAYa23All Editions.=.SundayNEWS

ENGLEWOOD AND TENAFLY TO APPEALEACH HAS OWN BEEF WITH COOPERMAN

880722. FRIDAYbOlLate.ALSO IN.Early

NEWSStarted in Early edition 2*.

TOP TRUSTEE ADMITS BIAS BY CLIFFSDWIGHT MORROW SUIT *IS A RACIAL ISSUE'

880721. THURSDAYaOlEarly.ALSO IN.Late

NEWSLast version started in Early edition 3*

TO APPEAL OR NOT; TENAFLY VOTES TONIGHT880721. THURSDAYbOSAll Editions.=.Late. EarlyNEWS

ADJ

»TEjiGE[

DIIlpNTION

BRYI19

TRUSTEES VS. LAWYER IN CLIFFSAT ISSUE: HIS ADVICE ON COOPERMAN EDICT

880720. WEDNESDAYbOlLateNEWS

SCHOOL-SWITCH APPEAL DEBATED880720. WEDNESDAYb03Early

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rBORDER NUMBER 880719-101044-INHOUSE -001-0011^ACCESS

SEDITIONt

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LENGTHSOURCE

iDATELINE€

ESTORY 2

2061081880715. FRIDAYLate.ALSO IN.Early

NEWSb030003.7/0027 INCHES/LINESThe RecordStarted in Early edition 2*.ENGLEWOOD CLIFFS. SCHOOL. ENGLEWOOD. TENAFLY. MEETINGCLIFFS TRUSTEES TO MEET IN PRIVATEENGLEWOOD CLIFFS

^ACCESSIpATEfSEDITION

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2060110880714. THURSDAYAll Editions.=.Late. EarlyNEWSb060015.0/0108 INCHES/LINESThe RecordENGLEWOOD. ENGLEWOOD CLIFFS. TENAFLY. SCHOOL. LAWSUIT.NEW JERSEY. EDUCATION. OFFICIAL. STUDENTBOARD *VINDICATEDA BY FAVORABLE REPORT ON DWIGHT MORROWBy Ron Hollander, Record Staff Writer

2047003880701. FRIDAYAll Editions.=.Late. EarlyOPINIONb08COLUMN. LETTER0007.8/0056 INCHES/LINESLETTERSThe "RecordENGLEWOOD. ENGLEWOOD CLIFFS. TENAFLY. SCHOOL. STUDENT.EDUCATIONTEACH CLIFFS PARENTS A LESSON

2038115880623. THURSDAYAll Editions.=.Late. EarlyNEWSb030005.4/0039 INCHES/LINESThe Record

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cNUMBER 880719-101044-INHOUSE -001-001

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ENGLEWOOD. ENGLEWOOD CLIFFS. TENAFLY. SCHOOL. COURT.NEW JERSEY. EDUCATION. STUDENTDWIGHT MORROW DECISION IS NEARRON HOLLANDERENGLEWOOD

2037076880622. WEDNESDAYAll Editions.=.Late. EarlyNORTHEAST 1 COMMUNITY.ALSO IN.SOUTHEAST 1 COMMUNITY. SOUTHEAST 2 COMMUNITY.SOUTH COMMUNITY. NORTHEAST 2 COMMUNITY

0010015.8/0114 INCHES/LINESThe RecordENGLEWOOD. SCHOOL. ENGLEWOOD CLIFFS. STUDENT. TENAFLY.COURTDWIGHT MORROW WOOS PARENTSWANTS 14 EIGHTH-GRADERS FROM ENGLEWOOD CLIFFS

By Ron Hollander, Record Staff WriterENGLEWOOD

2029100880614. TUESDAYLate.ALSO IN.Early

NEWSa!20004.6/0033 INCHES/LINESThe RecordStarted Early edition 2*ENGLEWOOD CLIFFS. ENGLEWOOD. TENAFLY. SCHOOL. STUDENT.NEW JERSEY. EDUCATION. COURTDECISION ON 8TH-GRADE TRANSFERS WEEKS AWAY

ESSATE |

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2027100880612. SUNDAYAll Editions.=.SundayNORTHEAST COMMUNITYa330017.9/0129 INCHES/LINESThe RecordENGLEWOOD CLIFFS. ENGLEWOOD. TENAFLY. SCHOOL. MEETING.LAWSUITTEMPERS FLARE ON SCHOOL SUITIN CLIFFS, RECRIMINATIONS OVER THE ENGLEWOOD CASE

By Jean Rimbach, CorrespondentENGLEWOOD CLIFFS

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lORDER NUMBER 880719-101044-INHOUSE -001-0017

IISTORY B

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2013210880529. SUNDAYAll Editions.=.SundayNORTHEAST COMMUNITYa400013.7/0099 INCHES/LINESThe RecordENGLEWOOD. ENGLEWOOD CLIFFS. TENAFLY. SCHOOLENGLEWOOD: TENAFLY HIGH BAN WOULD HELP MORROWBy Ron Hollander, Record Staff Writer

2009166880525. WEDNESDAYEarlyNEWSb040013.6/0098 INCHES/LINESThe RecordEarly edition 1* onlyENGLEWOOD CLIFFS. ENGLEWOOD. TENAFLY. SCHOOL. STUDENT.COURT. LAWSUIT. NEW JERSEYTENAFLY HIGH BAN FOR CLIFFS IS ARGUEDBy Ron Hollander, Record Staff Writer

2009074880525. WEDNESDAYAll Editions.=.Late. EarlyNORTHEAST COMMUNITY0060009.0/0065 INCHES/LINESThe RecordTENAFLY. SCHOOL. ENGLEWOOD. ENGLEWOOD CLIFFS. LAWSUIT.COURT. COSTTENAFLY URGED TO SETTLE SCHOOL CASEBy John H. Kuhn, Record Staff WriterTENAFLY

2006081880522. SUNDAYAll Editions.=.SundayOPINION003LETTER. COLUMN0022.4/0161 INCHES/LINESLETTERSThe RecordENGLEWOOD. ENGLEWOOD CLIFFS. TENAFLY. SCHOOL. LAWSUIT.

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ORDER NUMBER 880719-101044-INHOUSE -001-001

HEAD4

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|; ACCESS!t DATE 4'i EDITION

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STUDENT. RIGHTTWO HIGH SCHOOLS, RACISM, AND THE QUALITY OF EDUCATION

1995167880511. WEDNESDAYEarly.ALSO IN.Late

NEWSbOl0017.8/0128 INCHES/LINESThe RecordStarting with Early edition 2* story cut and movedinside to page b02ENGLEWOOD. ENGLEWOOD CLIFFS. SCHOOL. COURT. TENAFLY.RACE. BLACK. DISCRIMINATION. LAWSUIT. MINORITYCLIFFS: JUDGE FELL FOR *RACISMA PLOYSCHOOL CASE RULING APPEALED

By Ron Hollander, Record Staff Writer

1979066880426. TUESDAYAll Editions.=.Bergen. Passaic-MorrisNEWSb050012.8/0092 INCHES/LINESThe RecordENGLEWOOD CLIFFS. TENAFLY. ENGLEWOOD. SCHOOL. LAWSUIT.NEW JERSEY. COURTCLIFFS, TENAFLY JOIN FORCES IN DWIGHT MORROW CASEBy Ron Hollander, Record Staff WriterENGLEWOOD CLIFFS

1977046880424. SUNDAYAll Editions.=.Final. South Bergen. Northwest Bergen.Northern Valley/Pascack Valley. East/Central.Passaic-Morris

OPINION002EDITORIAL0011.7/0084 INCHES/LINESThe RecordNEW JERSEY. ENGLEWOOD. TENAFLY. ENGLEWOOD CLIFFS.SCHOOL. COURTSUPPORT FOR ENGLEWOOD

KCESS 1973197880420. WEDNESDAY

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ORDER:NUMBER 880719-101044-INHOUSE -001-001

EDITION

ISECTIONPAGE fTYPEfLENGTHSOURCENOTES]KEY

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All Editions.=.Central Bergen. East Bergen/HudsonCounty. South Bergen. Northern Valley. Pascack Valley.Northwest Bergen. West 2. Bergen North. Bergen South.Passaic-Morris. Passaic-Essex

NEWSaOlCHRONOLOGY. MAJOR STORY0036.2/0261 INCHES/LINESThe Record2 related stories on page a05 filed separately.ENGLEWOOD. ENGLEWOOD CLIFFS. SCHOOL. EDUCATION.TENAFLY. LAWSUIT. STUDENT. RACE. DISCRIMINATION. COURTCLIFFSA SCHOOL LAWSUIT REJECTEDJUDGE UPHOLDS ENGLEWOOD TIES

By Ron Hollander, Record Staff Writer

1973179880420. WEDNESDAYAll Editions.=.Central Bergen. East Bergen/HudsonCounty. South Bergen. Northern Valley. Pascack Valley.Northwest Bergen. West 2. Bergen North. Bergen South.Passaic-Morris. Passaic-Essex

NEWSa050011.7/0084 INCHES/LINESThe RecordSTUDENT. ENGLEWOOD. ENGLEWOOD CLIFFS. LAWSUIT. COURT.EDUCATION. TENAFLY. SCHOOLSTUDENTS HAPPY, CLIFFS PARENTS UPSETBy Jean Rimbach, Correspondent

1973178880420. WEDNESDAYAll Editions.=.Central Bergen. East Bergen/HudsonCounty. South Bergen. Northern Valley. Pascack Valley.Northwest Bergen. West 2. Bergen North. Bergen South.Passaic-Morris. Passaic-Essex

NEWSa050015.6/0112 INCHES/LINESThe RecordENGLEWOOD CLIFFS. ENGLEWOOD. SCHOOL. STUDENT. LAWSUIT.COURT. RACE. DISCRIMINATION. BLACK. HISPANIC. NEWJERSEY. TENAFLYCLIFFS CASE COULD HAVE MAJOR IMPACT IN STATEBy Mark J. Magyar, Record Trenton bureauTRENTON

1953100880331. THURSDAY

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RY 11

2230030/881229. THURSDAY

I Four Star B.ALSO IN.Three Star. Two Star. One Star

I NEWSb030012.1/0087 INCHES/LINESThe RecordENGLEWOOD. NEW JERSEY. EDUCATION. SCHOOL. STUDENTENGLEWOOD TO STATE: DON'T ENDORSE *WHITE FLIGHT'By Ron Hollander, Record Staff Writer

ELINE ENGLEWOODEYWORD-HIT

Fears of "white flight" and misperceptions about the quality offlight Morrow High School should not stand in the way of creating aRegional high school for Englewood, Englewood Cliffs, and Tenafly,attorneys for Englewood argued in a brief filed last week with the stateBoard of Education.

The brief is the last before the board rules, in six to eightionths, on an appeal of a decision by state Education Commissioner SaulGooperman denying regionalization. Coopenaan also denied EnglewoodliffsA bid to withdraw its high school students from Dwight Morrow and|end them instead to Tenafly High School.

Englewood's brief asked the board to establish a regional highSchool district, or "at the very least" to order the three districts togarticipate in a study of regionalization to be directed by Cooperman.

The brief filed by attorney Arnold Mytelka argued thatiegionalization would correct the racial imbalance existing at DwightKorrow and Tenafly High School and also would solve the problem ofdeclining enrollments at both schools.

Dwight Morrow is about 86 percent black and Hispanic, while TenaflySigh School is 98 percent white and Asian. Tenafly has no black teachers]r administrators. Englewood Cliffs does not have its own high school.

As in previous briefs, Englewood vehemently opposed Tenafly's priorolicy of accepting private, tuition-paying students from Englewood andnglewood Cliffs. That practice was banned by Cooperman in his Julylecision.

"The Tenafly Board is saying, in effect, that is has solved itsleclining enrollment problem by accommodating white flight and enticing|tudents away from Dwight Morrow, and that it should be permitted toontinue to do so," Englewood's brief said.If "Regionalization offers the promise of one racially balanced publicschool instead of two smaller schools in close proximity . . . bothfacially imba lanced, "the brief said.11 The brief also argued that "misperceptions of the quality of achool with a racially balanced student body" should not preventregionalization.j| A spokesman for the state Board of Education said the LegaljCominittee, a five-member subcommittee of the board, would probably startreviewing the case next month.j| Englewood Cliffs has requested that the committee hear oralarguments in the 3-year-old case. If the legal committee agrees, thosearguments would be heard sometime in the spring, the spokesman said.

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The Legal Committee eventually will issue a report recommending acourse of action. The three districts cbuld then file replies to thereport. The report _ perhaps in modified form _ would then be adopted bythe entire board.

The case could then be appealed to the courts.

"END OF STORY REACHED**

STORY 17Itf.CCESS

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iPAGEENGTH

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SCHOOL. NEW

2219249881218. SUNDAYAll Edit ions. = . SundayNEWSa390012.6/0091 INCHES/LINESThe RecordYES

V ENGLEWOOD. ENGLEWOOD CLIFFS. TENAFLY.JERSEY. EDUCATION. GOVERNMENT

AD ENGLEWOOD READIES BRIEF IN 3-TOWN SCHOOL DISPUTE .|- By Ron Hollander, Record Staff Writer

KEYWORD-HIT\e latest round in a three-year lawsuit involving three BergenCounty school districts is to conclude Thursday, when Englewood files afinal brief that is expected once more to defend the quality of its highschool and the need for regionalization.f The state Board of Education, which is hearing an appeal in thesuit, could take six months to a year to render its decision.j Englewood Cliffs is asking the board to reverse a July ruling by

state Education Commissioner Saul Cooperman that bars the district fromsending its students to Tenafly High School instead of Dwight MorrowHigh School in Englewood.| The litigation has cost Englewood, Englewood Cliffs, and Tenaflynearly $4 million combined.

In its final brief, filed last week, Englewood Cliffs vigorouslyrebutted Englewood 's contention that racial considerations _ noteducational quality _ are behind the district's desire to send itsstudents to Tenafly.

Tenafly 's student body is 98 percent white and Asian, as are mostEnglewood Cliff SA students. Dwight Morrow is 86 percent black and

Hispanic. Englewood Cliffs has no high school.ff "By crying *Race! Race!A Englewood hopes to blind the state BoardEducation ... to substitute hysteria and wholly subjective factorsrjobjective measures of school performance," Englewood Cliffs argued.£ "The parents of Clif fsA students want to send their students tonafly rather than to Dwight Morrow because of the desire by those

parents to obtain the best possible education for their children, " thehief said.^Cooperman ruled in July that Englewood Cliffs could not sever its

.23-year sending-receiving relationship with Dwight Morrow. He found thatnight Morrow offers "a more-than-adequate program for its college-boundr population . "

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pRDER NUMBER 890202-085514-INHOUSE -002-001

I Englewood Cliffs has no high school of its own.'Last week, the state board denied a move by Englewood to see

minutes of a closed meeting of the Englewood Cliffs school board. Theboard president was quoted as saying during the meeting that the casewas racially motivated.| The Englewood brief also rebutted a request by the parents of anEnglewood Cliffs eighth-grader who currently attends school in Tenaflyas a tuition-paying student that she be allowed to complete her highschool education in that district.f State Education Commissioner Saul Cooperman ruled in July thatTenafly must cease accepting students from Englewood and EnglewoodCliffs, and that only those in the eighth grade last spring would be

I allowed to attend Tenafly through the 12th grade. Cooperman also refusedto let Englewood Cliffs sever its relationship with Dwight Morrow.(| Lawyers for the eighth-grader, Allison Spiegel, have argued thatjCoopenaan "arbitrarily" drew the line at the eighth grade and that allI students enrolled in any grade in the Tenafly school system last springI should be allowed to graduate from Tenafly High School.

In its brief, Englewood argued that Cooperman's decision made sense[because the parents of a student like Spiegel would have a full year to[find an alternative to Tenafly.j| "The line the Commissioner drew correctly balanced constitutional

I requirements and educational equities," Englewood's brief said. "Itishould not be redrawn."

In another development in the case, the arbitration of EnglewoodI Cliffs* request for a refund from its previous attorney, John Degnan,has been moved from the Supreme Court's fee-arbitration committee in{Morris County to Sussex County.

The move was made because a member of Degnan's Morristown firm,[Shanley & Fisher, was a member of the fee-arbitration committee.

In the action, the Englewood Cliffs school board said Degnan's(final fee was nearly five times more than his original estimate of[$275,000.j| Englewood, Tenafly, and Englewood Cliffs have spent almost $4

billion on the litigation, which has been heard at the administrative[level and has yet to enter the court system.

There is no deadline for the board to rule on the appeal ofIcoopenaan's decision. Education experts have said it could take sixlEonths to a year.

OF STORY REACHED**

2203061s/881202. FRIDAYFour Star B.ALSO IN. Three Star. Two Star. One Star

NEWSb030008.2/0059 INCHES/LINESThe RecordENGLEWOOD. ENGLEWOOD CLIFFS. SCHOOL. NEW JERSEY.

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pRDER NUMBER 890202-085514-INHOUSE -002-001

I But eooperman denied Englewood 's attempt to establish a regionalhigh school district for the three municipalities, and Englewood isappealing that part of his ruling. Tenafly's final brief, also filedMonday, supported that part of the ruling.

j | "Never before has a school district been permitted to arbitrarilyselect another separate and autonomous district, with which it has noformal educational ties, and target it for takeover," Tenafly's briefsaid.I Cooperman also forbade Tenafly from accepting private, tuitionstudents from Englewood or Englewood Cliffs. Tenafly's brief opposedthat ban, saying the practice does not harm Dwight Morrow, as Coopermancontended.§ In a side issue to the main arguments, an Englewood Cliffseighth-grader now attending a Tenafly school has asked that allEnglewood Cliffs students enrolled in the Tenafly school system in July,when Cooperman rendered his opinion, be allowed to graduate from thehigh school.| Cooperman ruled that only those who were in the eighth grade lastspring could continue on to Tenafly High School.

OF STORY REACHED**

IIORY 21f /

ICCESS!ATE:

IDITION

IECTIONIAGE]

:NGTHRCE

•2210075881209. FRIDAYFour Star B.ALSO IN.Three Star. Two Star. One Star

NEWSb030014.4/0104 INCHES/LINESThe RecordENGLEWOOD CLIFFS. TENAFLY. ENGLEWOOD. SCHOOL. LAWSUIT.RACE. DISCRIMINATION. NEW JERSEY. EDUCATION. GOVERNMENTA DEADLINE IN CLIFFS SUIT IS APPROACHING2 TOWNS EXPECTED TO REBUTE CLAIM OF RACIAL MOTIVATION

By Ron Hollander, Record Staff WriterKEYWORD-HIT| Englewood Cliffs and Tenafly have until Monday to respond toEnglewood's continued claim that Englewood CliffSA suit to sever itsties with Dwight Morrow High School is racially _ not educationally _activated.

In a reply brief filed with the state Board of Education, lawyersfo^Englewood argued, "This case is about race and about education and.about much else; but it is mostly about race."jt The board is now considering an appeal of the three-year-long case.P Englewood contended in the brief, filed last week, that Englewood'lifts wants to stop sending its mostly white and Asian students to"ight Morrow because the school is 86 percent black and Hispanic.iglewood Cliffs, on the other hand, has said Dwight Morrow does notiffer an education comparable to what is available at Tenafly High"hool, where it wants to send the approximately 40 eighth-graders itiraduates each year.

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GOVERNMENT. EDUCATION. LAWSUIT. RACE. REPORTENGLEWOOD DENIED'CLIFFSA BOARD" MINUTESBy David Goldman, Correspondent

YWORD-HITThe state Board of Education on Thursday refused to order Englewood

liffs to turn over the minutes of a meeting in which its School Boardesident was quoted as saying that a lawsuit against the Englewood±ool District was racially motivated.I A report on the minutes, including President Sadri Garakani'sSatement that the case was "a racial issue," was published in Theecord on July 21.I Englewood had wanted the minutes to reinforce its arguments in aSit filed by Englewood Cliffs requesting state permission to send itsi h school students to Tenafly High School instead of Dwight Morrow

Jh School in Englewood.State Education Commissioner Saul Cooperman denied Englewood

ffsA request in July, and his ruling is now being appealed to theirate Board of Education. In his decision, Cooperman wrote, "No oneSuld seriously believe that racial prejudice and circumvention oftegration is not at play in this case."

Joel siegal, the attorney for Englewood Cliffs, said Thursday'sing upheld his contention that racial prejudice was not a factor in

life case.• "The decision confirms our view that the attempt by Englewood to""stain the information was a detour and frolic," Siegal said. "In short,

want to focus on an alleged racial issue and not deal with theits of the application to end the relationship."Arnold Mytelka, Englewood's attorney, said the decision would not

ect his overall case. He declined to say whether he would appeal.Englewood Cliffs has maintained that Tenafly's superior educational

lity, rather than its racial composition, prompted the suit. Tenaflyih School is 98 percent white and Asian, as are most of theroximately 40 eighth-graders graduated each year from Englewood

ijiffs. Dwight Morrow is about 86 percent black and Hispanic.

I ;I ;I

NYOF STORY REACHED**

STORY 21I-

HEADDATEPAGEEDITIONI

I SECTION

"450 IN TENAFLY TO SCHOOL BOARD: CEASE LITIGATING881101. TUESDAYb03Four Star B.ALSO IN.Two Star. One Star

NEWS

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MR NUMBER 881107-084706-INHOUSE -003-001

'CRY 1

ELINE

riON

RCE

ELINE

,<?RY 3IIESS

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ELINE

RY?4

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2171017881101. TUESDAYFour Star B.ALSO IN.Two Star. One Star

NEWSb030007.9/0057 INCHES/LINESThe RecordTENAFLY. ENGLEWOOD. ENGLEWOOD CLIFFS. SCHOOL. LAWSUIT.NEW JERSEY. EDUCATION450 IN TENAFLY TO SCHOOL BOARD: CEASE LITIGATINGBy John H. Kuhn, Record Staff WriterTENAFLY

2167038881028. FRIDAYFour Star B.ALSO IN.Three Star. Two Star. One Star

NEWSb040008.2/0059 INCHES/LINESThe RecordTENAFLY. ENGLEWOOD CLIFFS. ENGLEWOOD. SCHOOL. LAWSUITPETITION CAMPAIGN SEEKS END TO APPEAL OF CLIFFS SCHOOLCASE

By John H. Kuhn, Record Staff WriterTENAFLY

2153047881014. FRIDAYAll Editions.=.Late. EarlyNEWSb060012.2/0088 INCHES/LINESThe RecordENGLEWOOD CLIFFS. SCHOOL. LAWSUIT. ENGLEWOOD. TENAFLY,RACE. EDUCATIONCLIFFS BOARD: NOTES OURS ALONEBy Ron Hollander, Record Staff WriterENGLEWOOD CLIFFS

2141287881002. SUNDAYAll Editions.=.SundayNORTHEAST COMMUNITY

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DER NUMBER 881107-084706-INHOUSE -003-001

GENGTH

RCE

CELINE

DRY 5

CESSTEITIONCTIONGE1NGTH

RCE

ITELINE

IORY 6I

:CESS

JIITIONACTION[atsera

3URCE

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IMELINE

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a270017.9/0129 INCHES/LINESThe RecordTENAFLY. SCHOOL. LAWSUIT. ENGLEWOOD. ENGLEWOOD CLIFFS,NEW JERSEY. EDUCATION. GOVERNMENTTENAFLY TRUSTEES WON'T ABANDON APPEALBy John H. Kuhn, Record Staff WriterTENAFLY

2138081880930. FRIDAYAll Editions.=.Late. EarlyNEWSb030012.8/0092 INCHES/LINESThe RecordTENAFLY. SCHOOL. LAWSUIT. ENGLEWOOD CLIFFS. ENGLEWOOD.NEW JERSEY. EDUCATION. OFFICIALCLIFFS BAN CALLED OUT OF LINETENAFLY APPEAL SAYS COOPERMAN LACKS POWER FOR RULING

By John H. Kuhn, Record Staff WriterTENAFLY

2133270880925. SUNDAYAll Editions.=.SundayNEWSa430011.5/0083 INCHES/LINESThe RecordENGLEWOOD CLIFFS. ENGLEWOOD. TENAFLY. SCHOOL. NEWJERSEY. GOVERNMENT. EDUCATIONENGLEWOOD CLIFFS FILES MORROW APPEALBy Ron Hollander, Record Staff WriterENGLEWOOD CLIFFS

2131087880923. FRIDAYLate.ALSO IN.Early

NEWSb060009.2/0066 INCHES/LINES.The RecordStarted in Early edition 2*.TENAFLY. SCHOOL. LAWSUIT. ENGLEWOOD. ENGLEWOOD CLIFFSFINANCEBOARD URGED TO DROP APPEALBy Lisa Glazer, CorrespondentTENAFLY

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ORY 8

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2130009880922. THURSDAYAll Editions.=.Late. EarlyNEWSb040010.0/0072 INCHES/LINESThe RecordTENAFLY. SCHOOL. MEETING. STUDENT. NEW JERSEY.EDUCATION. ENGLEWOOD. ENGLEWOOD CLIFFSMEETING IN TENAFLY ON RULING BY COOPERMANBy Lisa Glazer, Record Staff WriterTENAFLY

2128020880920. TUESDAYLate.ALSO IN.Early

NEWSb030007.5/0054 INCHES/LINESThe RecordStarted in Early edition 3*.ENGLEWOOD CLIFFS. SCHOOL. ATTORNEY. SALARY. TENAFLY,ENGLEWOODCLIFFS BALKS AT PAYING EX-COUNSEL'S BILLBy Ron Hollander, Record Staff WriterENGLEWOOD CLIFFS

2126216880918. SUNDAYAll Editions.=.SundayNORTHEAST COMMUNITY.ALSO IN.SOUTHEAST COMMUNITY. NORTHWEST 1 COMMUNITY.NORTHWEST 2 COMMUNITY

a340015.8/0114 INCHES/LINESThe RecordTENAFLY. SCHOOL. NEW JERSEY. EDUCATION. GOVERNMENT.ENGLEWOOD. ENGLEWOOD CLIFFSTEMPERS IN TENAFLY FLARE OVER ISSUE OF FIGHTINGCOOPERMANAPPEAL OF BAN ON ENROLLING TUITION STUDENTS IS OPPOSED

By Lisa Glazer, CorrespondentTENAFLY

2122128880914. WEDNESDAY

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ESS

noN

RY 13

ESSETIONTION

GTHRCE

Late.ALSO IN.Early

NEWSb040008.2/0059 INCHES/LINESThe RecordStarted in Early edition 2*.TENAFLY. SCHOOL. MEETING. POLICE. ENGLEWOOD CLIFFS.ENGLEWOODCOPS CALLED TO QUIET RUCKUS AT TENAFLY TRUSTEES MEETINGBy Lisa Glazer, CorrespondentTENAFLY

2116139880908. THURSDAYAll Editions.=.Late. EarlyNEWSb020008.6/0062 INCHES/LINESThe RecordTHE RECORD. LAWSUIT. ENGLEWOOD CLIFFS. SCHOOL.ENGLEWOOD. TENAFLYTHE RECORD SUES TO VIEW LEGAL BILLS IN CLIFFS SCHOOLFIGHT

By Bill Sanderson, Record Staff Writer

2112029880904. SUNDAYAll Editions.=.SundayNEWSa280011.2/0081 INCHES/LINESThe RecordNEW JERSEY. EDUCATION. SCHOOL. STUDENT. ENGLEWOODCLIFFS. TENAFLY. ENGLEWOODTENAFLY HIGH RULED OUT FOR 14 FROM CLIFFSBy Ron Hollander, Record Staff Writer

*-3sxz

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CTION NEWS

DRY 20

M)KSEITIONCTION

to 21

IITIONICTIQN

fiRY 22

IITIONOTON

CLIFFS TRUSTEES TO APPEAL FOR SCHOOL SWITCH880719. TUESDAYbOlAll Editions.=.Late. EarlyNEWS

SEVERAL BUMPED FROM TENAFLY HIGH DON'T MIND MOVE880719. TUESDAYb04All Editions.=.Late. EarlyNEWS

TENAFLY BOARD IN NO RUSH TO FIGHT COOPERMAN EDICT880717. SUNDAYa29All Editions.=.SundayNORTHEAST COMMUNITY.ALSO IN.SOUTHEAST COMMUNITY

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•7.0

PER NUMBER 880909-090655-INHOUSE -002-001

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880908. THURSDAYb02All Editions.=.Late. EarlyNEWS

TENAFLY HIGH RULED OUT FOR 14 FROM CLIFFS880904. SUNDAYa28All Editions.=.SundayNEWS

DEFINING AN %A+ EDUCATION'880831. WEDNESDAYb08All Editions.=.Late. EarlyOPINION

MINUTES OF CLIFFS TRUSTEES SOUGHTENGLEWOOD FIGHTS STAY OF COOPERMAN RULING

880817. WEDNESDAYb03All Editions.=.Late. EarlyNEWS

TENAFLY FIGHTS REGIONALIZATION880811. THURSDAYb!2All Editions.=.Late. EarlyOPINION

KIDS DESERVE AN A+ EDUCATION880808. MONDAYblOAll Editions.=.Late. EarlyOPINION

DEBATING THE QUALITY OF A HIGH SCHOOL EDUCATION IN

f !

If

ii:

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BORDER NUMBER S80909-090655-INHOUSE -002-001

I|DATE:I PAGE";SEDITIONI'SECTIONt

ISTORY 8

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13

ENGLEWOOD880807. SUNDAY003All Editions.=.SundayOPINION

TRUSTEE VOWS NEW FIGHT IN CLIFFS CASE880728. THURSDAYb!2All Editions.=.Late. EarlyNEWS

CLIFFS BOARD: SUIT IS NOT RACIALMOVES TO DISTANCE ITSELF FROM QUOTE

880726. TUESDAYbOlEarlyNEWS1 of 2 versions in Early edition 2*.

TENAFLY TRUSTEE RESIGNS IN PROTESTURGES END TO SUIT OVER HIGH SCHOOL

880726. TUESDAYbOlLate.ALSO IN.Early

NEWS2 of 2 versions started in Early edition 3*,

THREE SCHOOLS IN A QUANDARY880725. MONDAYblOAll Editions.=.Late. EarlyOPINION

LESSONS VIA LAWSUITS880724. SUNDAY003All Editions.=.SundayOPINION

A RESOLUTION, NOT A LAWSUIT880724. SUNDAY002

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ORDER NUMBER 880909-090655-INHOUSE -002-001

EDITIONSECTION

STORY 14

HEADDATEPAGEEDITIONSECTION

STORY 15

HEAD

DATEPAGEEDITION

SECTIONNOTES

STORY 16

HEAD

DATEPAGEEDITION

SECTIONNOTES

STORY 17

HEADDATE

IPAGE(EDITION[SECTION

ISTORY is

y>

IDATERAGEIMTION[SECTION

ISTORY 19

BDE

GAGEEDITION

All Editions.=.SundayOPINION

CLIFFS HIRES NEW ATTORNEY FOR APPEAL OF SCHOOL SUIT880724. SUNDAYa23All Editions.=.SundayNEWS

ENGLEWOOD AND TENAFLY TO APPEALEACH HAS OWN BEEF WITH COOPERMAN

880722. FRIDAYbOlLate.ALSO IN.Early

NEWSStarted in Early edition 2*.

TOP TRUSTEE ADMITS BIAS BY CLIFFSDWIGHT MORROW SUIT *IS A RACIAL ISSUE'

880721. THURSDAYaOlEarly.ALSO IN.Late

NEWSLast version started in Early edition 3*

TO APPEAL OR NOT? TENAFLY VOTES TONIGHT880721. THURSDAYb08All Editions.=.Late. EarlyNEWS

TRUSTEES VS. LAWYER IN CLIFFSAT ISSUE: HIS ADVICE ON COOPERMAN EDICT

880720. WEDNESDAYbOlLateNEWS

SCHOOL-SWITCH APPEAL DEBATED880720. WEDNESDAYb03Early

» l<

li

Page 62: 1987-88 Newspaper Clippings School Regionalization (All)

Springer at center of schools' litigationByBobWarburtonStaff Writer . .. .

A Union County attorneywho once was a deputy stateattorney general will play akey role In deciding the out-come of a court dispute In-volving the Englewood,

. Englewood Cliffs and Tenaflypublic school districts.

Administrative Law JudgeKenneth Springer, a residentof New Providence, is ex-pected to hand down his deci-sion on the schools litigation,sometime in late February orearly March.

The case began whenEnglewood Cliffs moved tosever its sending-receiving

j contract with Englewood.! Under the terms of that,agreement, Cliffs students at-tend Dwight Morrow HighSchool in the city. Instead, theCliffs educators want to sendtheir students to Tenafly HighSchool. • , .

Englewood, meanwhile,sued to create a regionalizedhigh school incorporating allthree districts. Its school of-ficials also sought an injunc-tion to prevent Tenafly fromaccepting any more tuition-paying students.

After hearing nearly ,• 100, days of courtroom testimony,! Jpjinger recently, received'"post-trial briefs from •. at-i, , ,*«JW~—.«to~-U————>• * • —

Springer's background

• A native of Chicago, Spr-inger earned his law degreefrom the 'University ofMichigan after also doing hisundergraduate work there.He also spent a year at theLondon School of Economics,according to Peter Travim, a

public information officerwith the Office of Ad-ministrative Law.

After law school, Springerworked as a deputy state at-torney general from 1970 to1974. From there, he went onto private practice in Summitbefore joining the fledgling

Office of Administrative Law,which was formed by thestate Legislature in 1979.

According to Traum, Spr-inger has presided over othersending-receiving cases, aswell as a host of non-educational matters.

Springer will celebrate his

44th birthday on Jan. 27. He ismarried and has twochildren..

This year, Springer willearn $75,000 (after a schedul-ed $15,000 raise) as an ad-ministrative law Judge, thehighest salary paid by the Of-fice of Aminlstratlve Law.

Agency handles administrative disputesByBobWarburtonStaff Writer

Administrative Law JudgeKenneth Springer is expectedto hand down his ruling on thelitigation involving theEnglewood, Englewood Cliffsand Tenafly public schooldistricts at the end ofFebruary or in early March.

That lengthy dispute — onethat lasted five months incourt — is just one of the 9,000odd cases heard last year bythe 42 judges making up theOffice of Adminsitrative Law(OAL), according to PublicInformation Officer PeterTraum.

Some matters are settied in90 minutes, while others, likethe current schools litigation,run several months, thepublic information officersaid. : '

Despite'1 that staggering

OAL is more "efficient andfair" than .the state's formersystem for^ hearing ad-ministrative cases.

The schools dispute beganwhen Englewood Cliffs peti-tioned the state to sever itssending-receiving contractwith Englewood, an accordthat sent Cliffs students to thecity's Dwight Morrow HighSchool. Instead, the Cliffsdistrict wants to send itsstudents to Tenafly HighSchool.

Englewood, meanwhile,sued to incorporate all threedistricts into a regional highschool. The city educatorsalso argued for an injunctionbarring Tenafly from accep-ting any more tuition-payingstudents.

"This is a very complexand involved case," Traumsaid.

The title of judge is a bit of

ministrative. law judges,Traum added, since the OALis an arm of the executivebranch of the state govern-ment, not the judicial branch.

The OAL handles civildisputes, environmental mat-ters, banking cases, and avariety of other concerns,Traum said. «

Each judge is appointed bythe governor for a five-yearterm and is subject to Senateconfirmation, the public in-formation officer added.Step-by-step

At the conclusion of courtp r o c e e d i n g s , an ad-ministrative law ludge (ALJ)has 45 days to submit a writ-ten decision to. the ap-propriate itate commis-sioner, • , .

The commissioner, in turn,has another 45 ijayi to "ac-cent, reject or modifv"-the

is taken within that timeframe, the ALJ's initial deci-sion is declared final.

About 90 to 95 percent of allinitial decisions are either ac-cepted or modified onlyslightly by state commis-sioners, Traum said.

Any appeal of a commis-sioner's decision must be fil-ed with the Appellate Divisionof Superior Court, Traumsaid, with one exception —educational matters.

In those cases, the first ap-peal is taken to the stateBoard of Education, Traumnoted, followed, if necessary,by the Appellate Court.

Established by the stateLegislature In 1979, the Officeof Administrative Law evolv-ed from $ network of 130 hear-ing . off icers scatteredthroughout New Jersey, eachof'whom was retained by a !nartirnlar ctnta

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. VJ(

• , i^4ftb4&

By Ron HollanderRacord Staff Writer m

-. ENGLEWOOD CLIFFS -The Board of Education onMonday refused to pay morethan $50,000 in fees charged by.attorney John Degnan, who wasdismissed in July after the dis-trict's two-year attempt to sendits students to Tenafly High

"•School was rejected by the state• education commissioner.

With Carin Geiger voting no* and Stephen Eubinsky abstain-'• ihg, seven members of the board

voted to seek arbitration of Deg-nan's fees for March throughJuly. Board President SadriGarakani estimated the fees to-taled $57,000.

The board will seek arbitra-tion before the Bergen CountyFee Committee, which was es-tablished by the state SupremeCourt to arbitrate fee disputesbetween attorneys and clients.Trustees argued that the feeswere unreasonable, based on theservices rendered.

Degnan, a former state attor-

ney general, took a differentview. "Of course they're reason-able," he said in a telephone in-terview. "They're less than halfof what the new firm would havecharged on an hourly basis."

Degnan was dismissed afterstate Education CommissionerSaul Cooperman denied Engle-wood Cliffs' request to send itsstudents to Tenafly High Schoolinstead of Englewood's DwightMorrow High School.

The board then hired Joel Sie-gal of the Newark firm of Hell-ing, Lindeman to appeal Cooper-

man's ruling to the state Boardof Education.

Siegal said Monday that briefsin the appeal would be filed Fri-day.

Siegal took the appeal for aflat fee of $210,000, which wouldfinance action through the stateSupreme Court. Degnan'a firmof Shanley & Fisher charged onan hourly basis. The board haspaid about $1.1 million to Shan-ley & Fisher, although some ofthat amount went to expert wit-nesses.

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Mayor demandslower legal feesByBobWarburtonStaff Writer

ENGLEWOOD - MayorSteven Rothman said lastweek the school districtshould demand a ceiling onlegal fees for litigationagainst the Englewood Cliffsand Tenafly school -systems,or find a new law firm torepresent it. }

Rothman made his sugges-tion at a public meeting of theboard of school estimate lastweek.

About $950.000 has alreadybeen paid to the Newark firmof Clapp and Eisenberg solelyfor the litigation involving thethree districts. Schools Supt.Larry Leverett said at thatsession.

After already collectingnearly a million dollars fromthe Englewood district.Rothman said it was time forClapp and Eisenberg to agreeto some form of billing limit.

"I thought it was only ap-propriate given the kind ofcustomers we were." saidRothman. adding that he sug-gested a spending cap duringa recent meeting with Clappand Eisenberg attorneys.

"He raised reasonableissues." board president Dr.Rodney Muth said Monday,"but I really can't commenton them because we'renegotiating future fee ar-rangements."

Muth said relations bet-ween the district and its legalfirm have been excellentsince it was first retained.Leverett was not availablefor comment Monday.

'Open-ended'billing

But Rothman said Leverett• and city trustees should sharehis eagerness to force Clappand Eisenberg to give them acap on billing.

The firm currently enjoysan "open-ended" billingpolicy with the district.Rothman said, and to con-tinue that practice after near-ly a million dollars has beenspent "is simply not a pru-dent way for a consumer of

law firm." the mayor saidFriday.

Attorneys for Englewoodhave argued for the creationof a regionalized high school,which would incorporate theTenafly and Englewood Cliffsdistricts. ~

The Cliffs sued to sever itssehding-receiving contractwith Englewood. wherebytheir students attend Dwight

*o.3a<nQ.

Steve Rothman

Morrow High School in the ci-ty.

Administrative Law JudgeKenneth Springer is expectedto hand down his recommen-dation on the case March 21.

Rothman said he did notthink it would cripple thedistrict's case to switch legalfirms at this juncture in thecase.

v

"The most difficult part ofthis case has been com-pleted." the mayor said,noting that trial work hasbeen completed and the caseis likely to enter a lengthy ap-peals phase once Springer'sdecision is released. "Thefacts of the case won'tchange."

At Rothman's urging.Clapp and Eisenberg agreedin April to trim 20 percent offEnglewood's subsequentlegal bills for hourly work. .

Arnold Mytelka. the at-torney handling Englewood'sbilling arrangement, couldalso not be reached Monday

te-;

*•*'.* • •

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tiff~

, 1

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I

ngiewooa cims incumbentdrpps out of school board race

By Ron ftoflandarRecord Staff Writer

'Ui41

'$•

Englewood Cliffs school boardmember Mary O'Shea has with-drawn from the race for reelectionto the board, making the April 5election uncontested and guaran-teeing that two new trustees willbe elected to the nine-memberboard.

O'Shea, who is completing herfirst three-year term, withdrewher name Friday for one of threeopen seats after criticizing boardmember Lynn Liaskos and boardVice President Sadri Garakani forputting "their personal lust forpower and revenge above the goodof the children." Neither Liaskosnor Garakani is up for reelection.

O'Shea also criticized DennisSclavounos, who, along with Patri-cia Drimones, is running for theboard. First-term trustee CarinGeiger also is running unopposed.

O'Shea said she decided to with-draw as a way of "waking up thecommunity" to the personal in-fighting that she said is keepingthe board from performing itsproper function.

Her statement accused Liaskosand Garakani of putting "theirpersonal lust for power and re-venge above the good of the chil-dren. In return for favors and in-formation from selected facultymembers, they promise_'cushy'

MARY O'SHEAWon't seek reelection

jobs with less time in the class-room."

Liaskos, who has been on theboard for IVz years, said O'Shea'scharges were "unfounded andreckless."

"If she can't substantiate them,she should publicly apologize forsomething she can't prove," Lias-kos said.

Garakani, the senior member ofthe board with four years of serv-

ice, said, "If she has any proof forher allegations, she should presentit. Otherwise, she's liable to defa-mation and slander." ;

O'Shea said she had informa-tion to substantiate her charges,but she would not make it publicbecause she was afraid she couldbe sued for naming specific teach-ers. She did not explain what shemeant by the lust for "revenge"shown fay the two incumbents.

O'Shea said she did not haveconsistent ideological differenceswith Liaskos and Garakani. Shenoted that while she and Garakanivoted to hire School Superinten-dent Jamie Savedoff a year ago,Liaskos voted against him.

Savedoff is expected to resignhis post at tonight's school boardmeeting to accept a position withthe Colts Neck school district.

O'Shea also attacked Scla-vounos as "a person with no realinterest in the schools." She saidhe has never attended a boardmeeting, even after announcinghis candidacy.

Sciavounos, 29, a former restau-rant owner, did not return severaltelephone calls.

Board President Stewart Farbersaid O'Shea's withdrawal was a"great disappointment." He saidhe had no information that wouldsupport O'Shea's charges againstLiaskos and Garakani.

However, he said he shared hermisgivings about Sclavounos."He's just not identified himselfwith any school issues or come tomeetings," Farber said.

Geiger, who ran with O'Shea inthe last campaign, said she tried totalk O'Shea out of withdrawing.

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S&&m«

- - ; v v y

-i-'•>" •'-r'sSSW-.-. - . .--c'• • • V ~ : - - • " • • • • - . v. ;^;- . .r-y .v"'-^--'- i

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- \-' ' ' . • : " ; : ' • « ' ' - - u> .~-Vi, jj

J.$: $4.4Madopt

ByEdKensik ':StaffWriter , ..

p.ii-i

• -i'Vj""u ":

•'- 'i'

. «*,«ju«iiftuuw-*;t.u?'FS -*The board of education lastweek adopted a $4.435 millionbudget, a two percent in-crease over last year.

With the new spendingplan, the school tax rate willrise from $1.15 to $1.165 per$100 assessed evaluation. Thevote was 8-1 with trusteeMar** <"»'««— - •" "

tacked on $45.000 to hire newteachers. The board also ap-proved a full-time physicaleducation and a part-timemusic teacher.

The budget includes $80.000for continuing .litigationamong the Cliffs. Englewoodand Tenafly boards of educa-tion. A motion to add a$150.000. lor the suit was re-jected. ,

«»«: was B-I with trustee

ding contract with «•»«!-«—-»'in A*»«a*k.. • t.~ ^

. .,,na yetj comiortaDiewith the original proposal."she said. O'Shea said she op-nneA/j changes made in the

Oet. "I felt .the .othermembers had jthree op-portunities to go over theitems in the budget." -

"We took care in setting upwhat is exactly needed." saidboard trustee Carin Geiger.

The board introduced a'$4.39 million budget and then

lewoodin order to send students toTenafly. The Cliffs schoolboard spent $320.000 last yearand close to $1 million sincethe case started,, :""

x The .school board also add-"ed $16.000 for the possibilitythat the state may require theboard to implement a bil-ingual program for Japanesestudents. :,-„ '•.'..,*..'.. ';•' -.;.

Page 67: 1987-88 Newspaper Clippings School Regionalization (All)

mm jyniK — -f- • ••-- - /ct^-o-— •=- - •,«,(!]— But»schools-say*a'1"J«\.\ *X.j|» P> »» - . « * . r"-»-g «•*!"••. TT^>—T>';;' "•;;•'< <•" •» • • - . • . " ' , ; ."Vitalprinciple is at stakeBy Ron Hollander

• Record Slaff Writer •

The legal bill for the three dis-tricts involved in the DwightMorrow High School pupil-transfer dispute will exceed $3,3million by the end of the schoolyear.

And those bills will continueto mount, even after an adminis-trative law'judge issues his rec-ommendations, expected byTuesday.

More than $500,000 is in nextyear's proposed school budgetsfor Englewood, EnglewoodCliffs, and Tenafly to pay for thecontinuing litigation of the case.The three districts will havespent $3,304,547 on the three-year-long case by June.

Despite the costs of the litiga-tion — the most expensive suchease in New Jersey history, state

education officials say, — educa-tors in all three districts saidthey're determined to see thecase through to the end, includ-ing appeals, and that importanteducational principles hinge onits outcome.

But the case has taken its toll.

B More school electionspreviewed. C-29

, It has fanned dissension in theEngJewood Cliffs school board,caused Tenafly's surplus to dropbelow recommended state levels,and imperiled Englewood's pro-posed budget.

A non-binding recommenda-tion from Administrative LawJudge Kenneth Springer — thefirst step in resolving the dispute— is due by Tuesday, the sameday that voters in Tenafly andEnglewood Cliffs will decide

their school budgets.Following the recommenda-

tion, Education CommissionerSaul Cooperman is expected toissue a decision in early summer,

In the dispute, EnglewoodCliffs seeks to withdraw from a22-year sending-receiving rela-tionship with Englewood'sDwight Morrow High School,which is mostly black, and sendits high school students to most-ly white Tenafly High School.Englewood Cliffs has no highschool for its approximately 110high schbol-age students,

Englewood has countersued,asking Cooperman to establishone regional high school for thethree districts. It is also seekingto stop Tenafly from acceptingstudents from Englewood Cliffsor EngJewood on a private tu-ition basis. ' * . v

Despite the vast expenditures,there has been little overt criti-

*ciam from the public or by boar<members. For most board mem

, bers, the case has assumed thidimensions of a crusade, wit."the issues greater than money,

Englewood Board of Educa-tion President Rodney Muthsaid, "There's simply no waywe're going to allow other com-munities to say we're less thanequal, that pur school system'sno good. It's not something wehave a choice about."

Muth, who's been on theboard for six years, said most ofthe money for the case has comefrom the $1.5 million surplus thedistrict had built up when thecase began, and not from educa-tional expenditures.

"No program has been cut, nocurriculum limited because ofthe litigation," Muth said.

But the continuing costs ofthe litigation have drawn the ireof the city's Board of School Es-timate, which makes a non-bind-'ing recommendation on the

See VITAL Page B-5

11 IffS'

If,Sis'sl*f»g-jLErSSl ,*§• o;Mg «.f'S'SwS^S^'siHB SJ • 60S «* !* Ft- $ &• B•^M.WB-W s-e-9 S ffi

kjj i> C* " C3. M • • Ms. s s?»gCL QJ 0; 5i

* iKi i?r

Page 68: 1987-88 Newspaper Clippings School Regionalization (All)

upholds

State, V^ . !

».<uu ta reject /_..g.cmK>a Cliffs' lawsuit. !'

Springer's opinion is non-binding, 1and Coopennan hae the authority to j.rule on all issues in the suit. i

The judge ruled that allowing Engle- [wood Cliffs to withdraw its students Ifrom Englewood and send theiato Ten-afiy High School would have a negative '•impact on education and the racial be- j ;lanceat Dwight Morrow. ' •

"J find that because Dwight Morrow • ;is so precariously short of white andj:Asian students, loss of even a smallf j j anumber of Cliffs students would have a 1.:, ? "significant impact on racial balance," he f ; . , •- wrote. i i

The judge teiectf^^^-1—

See SCHOOL Page A-4

;.irt.:i| :::: <^a§|v

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^5T^ „ ^tffO'-^ff^lj'.^Mff-'^tfr^-l' «qfc|

,/orcI on the "judge's* non-binding?decision, and he must rule on thecase within 45 days. Though non-binding, judges' ruKncm i« •"*—

wuuu IIMIIII.IIM .s,^,,i, cum ne must mJe on theTRENTON — The court deci- case within 45 days. Though non-

sion upholding Englewood Cliffs' binding, judges' rulings in educa-ties to the Englewood school dis- tion disputes are often supportedtrict could be the most important by the education commissioner.school integration ruling in New Cooperman's ruling can be ap-Jprsey in 17 years, experts say, pealed to the courts. "This is a

State Education Commissioner great victory for racial integration^.Saul _Cooperman has the final in a state that ranlcs fourth in the

M9»v •/.. > . . . . f • • . . - .'.,' ,

P nation in black-white school i...... c_-gntion," aaid MariJyn Morheuaef,executive director of the Educa-tion Law Center in Newark.

"And 1 expect it to go all the wayto the New Jersey SupremeCourt," she said.

In his decision, released Tues-day, Administrative Law JudgeKen Springer upheld the primacy

'ofracial baJance nawhether sj£I_

Springer's j-umjgthe braies on curreiby mostly white Belley Beach to dropgional district thejoverwhelminglyPark, state educ

-

&

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6f

From SCHOOL Page A-l

vindicated... I'm close to crying."EngJewood Cliffs Board Presi-

'dpnt Sadri Garakani said, "If theoutcome is different [than expect-pd], we all have to accept that as afact of life."

Tenafly board members referredcomment to board President JanetGinsburg, who could not be.reached.,. The case is expected to coat thethree school districts a total of$3.8 million through next June..That is the the largest amount«?ver spent on such a case.

Springer's 80-page opinion-strongly agreed with Englewood'scontention that maintainingschool integration was one of the.'most important factors in thecase.

• There are 21 students from En-'glewood Cliffs at Dwight Morrow,oil but two of them white or Asian.•Dwight Morrow's student popula-tion is about 12 percent white, 20perrent Hispanic, and 68 percentblack.' Tenafly High School is 98 per-ci=nt white or Asia;).

Springer, however, rejected anA r g u m e n t f rom one o f

; Englewood's experts that severing' -the relationship would cause a

"ripple" effect, prompting whitenntl middle class black families to

the Englewood school sys-

Englewood Cliffs' attorney,

John Degnan, took heart fromthat.

"I'm gratified the judge de-bunked that," Degnan said. "If hehad upheld it, there would be noway we could win in a court ap-peal."

Attorneys for all sides expectthe case eventually to be appealedto the state Supreme Court. Coop-erman's decision can be appealedto the state Board of Education.The board's decision can be chal-lenged in the courts.

Marilyn Morheuser, executivedirector of the Education LawCenter in Newark, hailed the deci-sion as a landmark ruling forschool integration.

If upheld, the ruling is likely tohave a statewide impact by stop-ping similar withdrawal plans else-where, education officials said.

The case also would affect Gov-ernor Kean's proposal to give par-ents the right to choose the schooltheir children attend.

During the 99 days of hearingsthat concluded last October, law-yers for Englewood Cliffs intro-duced the results of a poll theycommissioned.

The poll indicated that even ifCooperraan preserved the send-ing-receiving relationship, Engle-wood Cliffs parents still would notsend their children to DwightMorrow.

But those findings — disputedby Englewood — apparently did

\t impress Springer.

V Referring to Tenafly's practiceO of accepting Englewood Cliffs stu-

dents, Springer wrote:"A pernicious practice in the

public schools cannot be allowedto continue unchecked, simply be-cause otherwise some parentsmight decide to remove their chil-dren from the public school sys-tem."

Springer, who declined to dis-cuss hia decision, said Tenafly'spolicy was "repugnant and plainlyagainst the law."

He called it a "beggar-thy-neighbor" policy designed to ex-ploit the weaknesses of DwightMorrow to counteract Tenafly'sown declining enrollment.

If C'ooperman were to followSpringer's recommendation, En-glewood and Englewood Cliffs stu-dents enrolled at Tenafly HighSchool could complete their edu-cations, but no new studentswould be accepted.

Springer's decision does not re-fer to 15 tuition-paying students atTenafly from 13 other districts.

Tenafly's attorney, James Roth-schild, predicted Coopermanwould allow the tuition policy.

'Sp r inge r also r e j ec t edEnglewood's call for a regionalhigh school, saying it would costtoo much and would destroy bothDwight Morrow and Tenafly HighSchool without necesssarily im-proving education.

.And he said a regional highschool was no guarantee of achiev-ing integrated education.

"If the desegregation literatureteaches us anything," Springer

Oct. 4, 1S@5: Enwood enter Into a;sending-recelvlngglewood Cliffs hlgattend EnglewoocSchool.

March 1977: Englewith the state comchoose a new reoschool students bcontract with Engl<petition was eventuprosecution.

1885: Wother's actions, th>Tenafly-school beanthorizlng a new ssiship, pending approsloner of education.

D®e, 83, 1935: Engltpetition with the ccthe sendlng-recalvlnfglewood,

Jan. 21,1i88: Engiwjsloner to establish a ttrict and to bar Tensdents from Englewooj

Jan. S, 1887: Testingmlnlstrailve Law Judgark In Englewood Cll|dents out of Dwight "

Jan. 0,1987: Many Erhave pulled children o]

wrote, "it is that the force'of two districts, one predoly white and one predorblack, carries the greates'

!RJK reW» W«W««Smf«H9«P»l1 WWffiJW**!** "WwfcWV

r^L?3tr^*---W*--«-i* •*'-"'-"ir'"1 ''" '"'"• '••••':^-."'^--;

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5yCortanpondenl

A group of students were re-hearsing a play at Englewood'a"Dwight Morrow High SchoolTuesday when senior Stephen Co-leman ran into the auditorium.

He had the news they were wait-ing for: a judge had rejected Engle-wood ClifFs's suit to withdraw itsstudents from Dwight Morrow.

"There were a lot of smiles and afew tears," said 17-year-old Nata-sha Redwood. "We were hoping forthe best, and it was a good feelingto know justice had been served —such a good feeling."

The much-publicized case,JDwight Morrow students said, had

hurt the reputation of the mostlyblack and Hispanic high school.During the trial, the quality ofeducation at the school and behav-ior and grades of itn students wereoften nt isnue.

But some Englewood Cliffs par-ents viewed Administrative LawJudge Kenneth Springer's rulingas anything but justice. The judgewants to bar the district fromsending its students to TenaflyHigh School on a private, tuition-paying basis.

"I would say everybody stillwants their kids out of DwightMorrow," said parent BarbaraBaris, echoing the comments ofother residents, "I'm really sur-prised the judge ruled against us.

... I just think it's wrong to sayTenafly can't accept outside stu-dents."

When told of the decision, Ei-leen Pepper, a co-president of theTenafly School-Home Associ-ation, said she waa also surprisedthe judge would restrict Te.naflyfrom accepting Englewood Cliflsand Englewood students.

Dwight Morrow students con-tended Tuesday, as they have inthe oast, that the suit was broughtby Englewood Cliffs because theschool is racially mixed and notbecause of the quality of educa-tion. The judge, students said,made the "only" decision.. "If the Englewood Cliffs stu-

dents were allowed to leave, that

would, to me, be making a state-!

ment about social claso and igno-rance," said Dwight Morrow sen-ior Audrey Taylor.

"In other words Dwight Morrowia a good school. I see no basis forwhat happened other thaa it iapredominantly black, school andmany people here are in a lower[economic] class," aho said.

News of the ruling has spreadthrough Englewood "like wildfire,"said Mitch Rosenberg, vice chair-man of the Central PTA.

"Everybody is ecstatic. It givescredence to what we've baen say-ing all along that tha only reason... for this waa not quality butrace," said Rosenberg. "Wa'vebeen vindicated."

. - . • - • • • - . , , •-..

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TUESDAY, APRIL 26, 1988 NEW JERSEY R

Cliffs, Tenafly join forces in IRon MoHmdw

ird Staff Writer :

ENGLEWOOD CLIFFS - The Englewood Cliffsand Tenafly school boards will join legal forces to tryto ensure that 15 eighth-graders from EnglewoodCliffs and Englewood will be allowed to attend Ten-afly High School in September.

John Degnan, who is representing EnglewoodCliffs in its suit to withdraw its students fromEnglewpod's Dwight Morrow High School and sendthem to Tenafly High School, said Monday that heand Tenafly*s lawyers will argue the case of theeighth-graders before state Education Commission-er Saul Cooperman.

Degnan's announcement came as he told about 60residents at an Englewood Cliffs Board of Educa-tion meeting Monday that he will fight an adminis-

trative law judge's recommendation that Englewood Tenafly fCliffs should not be able to withdraw its students Tenaflyfrom Dwight Morrow because the move would ad- the 15 famversely affect education and the racial balance at the children w8chooL Degnan

Judge Ken Springer also recommended that Ten- $160,000afly be barred from accepting new tuition-paying perman anstudents from. Englewood and Englewood Cliffs, .tion.ifitisThere are currently 92 such students at Tenafly feel the casHigh School. Court.

Springer's recommendations now go to Cooper- The disman, who has until June 2 to issue his own ruling in far and hthe case, although he can extend that deadline to current biJuly 17. have cost

However, Springer's decision was not clear about assessed a13 eighth-graders from Englewood Cliffs and twox In a clo*•">••" ^"'ewood who already have been accepted at board info

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. j

£ ^ " te*" — %. - - *contractseveredByEdKenslkand Matt PaganStaff Writers

NORTHERN VALLEY - Anadministrative law judge in-validated the sen-ding/receiving relationshipamong Englewood,"Englewood Cliffs, and Tenaflylast week. But many questionswere left unanswered in thethree-way court fight amongthe boards of education in thethree municipalities.

While round one largelywent to Englewood, JudgeKenneth Springer's decisionleft school officials wonderingwhat will happen to the 15Englewood Cliffs studentsenrolled as freshmen atTenafly High School next year.

"It's a sense of ecstasywhich is permeating thedistrict," said EnglewoodSchools Supt. Larry Leverett.

Tenafly loses outpage 2

The court fight has beenrunning since December 23,1985, when Englewood Cliffsfiled a lawsuit to sever itssending/receiving contractwith Englewood. Tenafly lateralso filed suit against the city.

In addition to the 15Englewood Cliffs' eighth-graders enrolled at Tenafly.there are nine Englewoodstudents and three EnglewoodCliffs students attendingTenafly elementary schools.Tenafly school officials

See DISTRICTS, page 12

-«£

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Page 75: 1987-88 Newspaper Clippings School Regionalization (All)

:• iM^iry*

12 - The SubMftewtte Neutpapen-Wedneitdav April 27,1988

The local AngleDistricts ponder sending /receiving decision

Continued from oaae 1 has AR dans tn tiant\arata nn u«' —*: . ..~.— ~ * .-.--..Continued from page 1wondered last week whetherthose students would beallowed to continue theiracademic careers in thesystem.

The Englewood Cliffs Boardof Education entered into anagreement to send thestudents to Tenafly on atuition-basis in the 1982-83school year. The out-of-district students attendingTenafly each paid $5,480 in1987-88.

"It is probably already toolate for the 1 5 students to beadmitted into a privateschool," said Tenafly SchoolsSupt Gerald Dnfirnt* "i' - •m:, - I - - • <" IOOI

eorry for those kids. I reallydo."

Judge Springer's decisionalso recommended thatEnglewood Cliffs not terminateits sending/receiving contractwith Englewood. Springer'sdecision is not the final word,however.

State Education Com-missioner Saul Cooperman

has 45 days to deliberate onSpringer's recommendation.Prior to Cooperman'sdecision, each side has 20

< days in which to list itsgrievances with the com-missioner.

Once these are filed,however, Cooperman caneither accept Springer'sdecision, deny it, or modify it.

Englewood Cliffs Coun-eilwoman Arlene Wiczyk, whois also the governing body'sliaison to the school board,said last week the stateeducation commissionerapproves the administrativelaw Judge's decision "°""pinoum or me time.

But not even Cooperman'sword is final. Several TenaflyBoard members and trusteessaid if the litigation continues,the process could eventuallylead to the New JerseySupreme Court.

Yet Springer took a hard linewith Tenafly, saying theschool district "has beenfishing in troubled waters."

He continued, "Bluntlystated, the Tenafly Board hasadopted a tuition policy whichhas the clear effect of enticingwhite and Asian studentsaway from a nearby publichigh school already ex-periencing racial imbalance,thereby contributing to apolarized situation."

The percentage of Cliffsstudents attending OwightMorrow dropped dramatics"1

•from a high of 69 ppr"the 1980-81 ***• .2.6 percent '

students, in the aggregate,score consistently lower thanTenafly High School and otherBergen County high schoolstudents on standardizedtests," wrote Judge Springer.

Based on 1987-88enrollment, 66 percent of thestudents at Owight Morroware black while Tenafly'senrollment is 80 percentwhite. At Tenafly, there is only

a one percent blackenrollment > while OwightMorrow has a 12 percentwhite enrollment. .

"Tenafly has a much easiertime," said Englewood SchoolBoard President Or. RodneyMuth about the differences inthe school populations of thetwo high schools. "The judgealso noted that Englewood ishomogenous."

Judge Springer also ruledthat Englewood Cliffs couldnot have a dual sen-ding/receiving relationshipwith the two towns.

Of the four proposals forsuch a relationship, the onlyone granted was oneproposed by Englewood thatsaid Tenafly could not receiveCliffs students on a tuition-paying basis.

The judge wrote that whilethe "freedom of choice is anappealing idea, it would affordonly the Cliffs parents thechoice of either Tenafly orOwight Morrow, while theEnglewood parents would

The Tenafly board so far hasmade no promises. Prior to theruling, Tenalfy trusteesbudgeted $175,000 forlitigation for the 1988-1989school year. Englewood Cliffsbudgeted $80,000 for thefight while Englewood setaside $200,000.

s While Englewood Cliffs washit hardest by the decision,Springer also deniedEnglewood's proposal for aregional high school. "Ipersonal believe tharegionalization is inevitablewith the declining enrollment,"Muth said.

While Englewood won thefirst round, city school boardmember Russell Major saidthis is just the first step. "Ienjoyed the decision, but it isa first step in a long way togo, "he said.

Despite the decision,Englewood Cliffs parents .seem to be rigid in not sendingtheir students to OwightMorrow.

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By Ed Kenslltand Matt PaganStaff Writers

ENGLEWOOD CLIFFS -Borough eighth graders may beallowed to attend Tenafly HighSchool this fall if the stateeducation commissioner ap-proves a petition by theEnglewood Cliffs and Tenaflyboards of education.

Borough t rus teesunanimously agreed to join withTenafly to ask State EducationCommissioner SaulCooperman for emergencyrelief for eighth graders alreadyenrolled at Tenafly this fall.

Tenafly officials said adecision two weeks ago byAdministrative Law JudgeKenneth Springer left the statusof those 13 eighth graders up inthe air. School officials said twoEnglewood eighth graders arealso- signed up to attendTenafly for the next schoolsession.

The judge's decision saidstudents enrolled in the schoolat the time of the decision maycontinue until they graduate.While Springer's ruling upheld.the contract between

Snglewood''!"^ Cliffs andEnglewood, it severed any tiesbetween Englewood Cliffs andTenafly.

While the board agreed topetition the commissioner andEnglewood Cliffs parents saidthey were willing to continuethe fight, some seemed hesitantabout the cost of litigation.

Englewood Cliffs MayorJoseph Parisl said, at meetingduring which the boroughcouncil cut $75,000 from thedefeated school budget, that heobjected to an $80,000allocation for litigation.

Since the school contractbattle started in 1985,Englewood Cliffs has spentnearly $1 million on the lawsuit.

Englewood Cliffs Board ofEducation Attorney JohnDegnan said last week the nexttwo rounds in the fight will cost$168,000. He also said it couldcost an additional $50,000 ifthe board appeals the statecommissioners decision or aruling by the state board ofeducation to the court's ap-pellate division. That costwould probably fall in the 1989-90 budget, he said.

Tenafly allocated $175,000

I/ear's budget forlitigation. Tena fly's board ofeducation met in closed sessionlast Monday to discuss thesituation, school board officialssaid.

But trustees said no decisionabout an appeal would be madeuntil after Cooperrnan'sdecision, according to PamShadzik, Tenafly's public in-formation officer.'

"Chances are best at the levelof the state board," saidDegnan, although he said hehad not given up hope thatCooperman would reject JudgeSpringer's decision.

Cooperman has 45 days, oruntil . June 3, to reviewSpringer's decision. The statecommissioner can receive a 45-day extension until July 17, andDegnan said he expectsCooperman to take the extratime.

Cooperman will reviewtestimony as well as new datafrom the state board ofeducation that includes astatement that no EnglewoodCliffs eighth graders areenrolled at Dwight MorrowHigh School for the 1988-89school year.

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High school rulingappealed by Cliffs

By Ron Hollander- Record Staff Writer

Englewood camouflaged tneeducational shortcomings of itshigh school by accusing Engle-wood Cliffs of racism, and an ad-ministrative law judge fell for thestrategy, lawyers for EnglewoodCliffs argued in briefs filed Mon-day.

The lawyers said the judge erredby maintaining the 21-year send-ing-receiving relationship betweenEnglewood Cliffs and Englewood'sDwight Morrow High School andby refusing to allow the Tenafiyschool district to continue to ac-cept students from both munici-palities.

But Englewood's lawyers assert-ed just the opposite: that Engle-wood Cliffs has used charges of in-ferior education at DwightMorrow — most of whose stu-dents are black and Hispanic — tomask prejudice among its parents,most of whom are white.

Tenafly, meanwhile, said that itshould be able to retain its tuition-paying arrangement with both En-glewood Cliffs and Englewood stu-dents.

The counterclaims came in re-plies to last month's non-bindingdecision, by Administrative LawJudge Ken Springer, that upheldthe sending-receiving arrange-

jasaiL The papers were filed withstate Education CommissionerSaul Cooperman,

In recommending dismissal ofEnglewood Cliffs' suit, Springer

opposed its request for a dual ar-rangement with Tenafly HighSchool and Dwight Morrow inwhich parents could send theirchildren to either at taxpayers' ex-pense. Currently, 92 students fromboth districts pay tuition to attendTenafly, whose student populationis 98 percent white or Asian.

Springer also rejectedEnglewood's move to establish aregional high school for all threedistricts.

And he said Tenafly must ceaseaccepting tuition-paying studentsfrom both districts, a practice hecalled "cream-skimming."

Lawyers for Tenafly strenuouslyobjected to Springer's recommen-dations. They argued that the tu-ition students wouldn't attendDwight Morrow under any cir-cumstances and instead would goto a private school.

Englewood Cliffs' lawyer, JohnDegnan, said he was pleased thatSpringer found that his client'ssuit was motivated by educationalconsiderations.

But he disputed Springer's find-ing that the loss of three white En-glewood Cliffs students — the to-tal number expected to be enrolledin all four grades at Dwight Mor-row in September — would have asignificant impact on the 890-stu-dent school.

And he said that Springershould have reached his decisionbased on educational shortcom-ings at Dwight Morrow ratherthan its racial balance.

'*'. •;?•

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MAY 15, me

:hool Ruling Challenged^ -'^ jr^^ik T«-rii

By PRISCILLA VAN TASSEL

IHE TOWN of Englewood1 Cliffs, which wants to stop

sending students to theheavily black and Hispanic

Dwight Mprrow High School in neigh-boring Engelwood, has filed with theslate's Commissioner of Educationus objections to a decision recom-mending that it not be allowed to pullout!

The case could have broad implica-Huns for districts ih.it send studentselsewhere or accept out-of-districtstudents, for regionahzation arid for'.he right of students to pay to attendschools in neighboring districts.

The Education Commissioner. Dr.Saul Cooperman. is expectedto make3 decision by mid-July;-but -the case'may intimately have to'be resolvedby ihe State Supreme Court.

The decision to which Englewoodbiffs filed exceptions was handedrcown last month by Ken R. Springer,fen Administrative Law Judge. Theicasc) he wrote, involved "hardpices" among "occasionally com-E?eilng state policy objectives, includ-

'n{ social Justice, academic excel-wee, freedom of choice and homeiile."- .> ... .. f . *"Re-emergence of the stigma of In-

trtorliy associated with segregatedthool systems would be a regressive

Vclopment for public education inji'iw'Jcrsey and would have serious"percussions far beyond the Im-rflatc parties to this case," Judge

Springer said In his ruling, addingit lhec,case could threaten -"race

ilailonsand soclal'coheslveness". inthoolsthroughout the state.|Wh)le acknowledging that Engle-

^Cliffs hod "genuine educational

reasons" for wanting to sever a 22-year relationship with Dwight Mor-row High School. Judge Springernevertheless said that such a movewould increase segregation and leavethe Impression that Dwight Morrowwas not good enough for whiles.

Englewood Cliffs, a community of5,700 that has no high school, wants toreverse the decision and. enroll itsstudents in neighboring Tenafly HighSchool, which is 80 percent white and18 percent Asian. ' ^ :

At the same time, both EnglewoodCliffs and Tenafly object to Judj»eSpringer's order, which prohibitsTenafly from accepting Englewoodand Englewood Cliffs students on atuition-paying basis.

The Englewood Board of Educa-tion, in turn, has requested that a re-gional high school be established foralMhree towns to adjust what it con-siders to be a precarious racial bal-ance within its school system.

The Morrlstown lawn firm of Shan-ley & Fisher is representing Engle-wood Cliffs In the case. John Degnan.a former State Attorney General anda partner in the firm, said that Engle-wood was using the segregation issue .to mask educational deficiencies.

"Englewood has wrapped itself in aprotective cloak of affirmative asser-tions of racial motivations." Mr. Deg:nan' said. "What this case is really/?about is about a school system that 'has failed to be as good as it is capa-ble of being."

Much of the trial before JudgeSpringer was spent comparing theeducational caliber of Dwight Mor- 'row and-Tenafly High Schools. .Law-yers for Englewood Cliffs cited qvariety of reasons, from aging schoolfacilities to poor test results, to bol-iter their .contention that* Dwighl

.kOMorrow was inadequate, even thoughit met state standards. Among theirarguments were:

<JThe school's high dropout rate,"conservatively estimated to be 7.78percent, or about three times the Ber- /gen County dropout rate for high ^school students. -r—J

«IA high administrative turnover, ~>with eif.;hf .superintendents and six <Cprincipals in the last ISyears. _S

«lThe third-lowest ranking of the 43 ~\n County districts on the read-

ing portion of the High School Profi- p>cienry Test, and similarly poor re- •suits on the mathematics and writing^---portionsof the test.

"Englewood is not an urban districtwith :i paucity of resources." Mr.Degnan said. "Jt is a district that for10 years has not paid much attention' • '(o its high school jind let it drift frombeing one of the best in the county toone ol[the worst."

Mr. Degnan said he was hopeful ofa reversal, since the state's Board ofEducation has taken a more liberalstand in recent years on the right of a •' •"»sending district to sever sending-re- -ceiving relationships.

- ""'IMhe state board allows with-drawal of Englewood Cliffs underthese circumstances." Mr. Degnansaid, "it would be a tremendous stepforward In -establishing thp poliry^th"aLrecelvlng districts have no' rightt^iejpiclj4e_iUd5^_aiid_JlmLJ4eseagreements are not entered into for -the bcgejit of the receiving school sorvtriXK ~- *i ~r

; —' However,. Judge Springer called theEnglewood system 'a-o"goodrsolldeducation" which- ~ ~equately prepares"lege andjprlater lifeT

He found the school's offerings to

Page 79: 1987-88 Newspaper Clippings School Regionalization (All)

II

p4pl®p^

high school's enrollment. Only three.. white Englewood Cliffs students plan

to attend Dwight Morrow next year,Mr. Degjian said

"Is it reasonable to find that the.. loss of three white students in the

198&-39 school year would have a sig-. nificant impact on racial balance at

Dwight Morrow High School?" Mr.Degnan wrote in his appeal to Dr..Cooperman, "

Lawyers for Englewood argue thatthe number of Englewood Cliffs stu-dents at Dwight Morrow fs artificallydepressed because of the litigationand recent attacks on its reputation.

While acknowledging that 1.6 per-cent may seem unimportant, JudgeSpringer ruled that the racial balanceof Dwight Morrow was so precariousthat even a small loss of white stu-dents would have a significant nega-tive impact. He also cited an accom-panying "symbolic loss."

"The slicking .point here is not somuch the actual loss of a few stu-dents, but what that loss would signi-fy," Judge Springer wrote. "Thoseleft behind at Dwight Morrow would

-perceive the result as an implicitmessage that the school is not goodenough for whites and Asians.'but isacceptable for blacks and Hispan-

-ics."" The "symbolic loss" is a key part of

the Englewood Cliffs appeal. Accord-ing to Mr. Degnan, the evidence of-fered was statistically dubious, beingbased on soft data, speculation and in-terviews with leading questions.

One of the most controversialaspects was Judge Springer's orderto bar Englewood and EnglewoodCliffs students from attending Tena-fly on a tuition-paying basis, exceptfor those already enrolled in theschool. T3iis_year. TenaHy

, " " " ' • • '

The Springer.decision flies in theface of the current movement to pro-vide more choice in public education,Mr. Rothschild said He sees it as ablow to public education in general,saying that Tenafly's policy was onlytaking students who would otherwisehave attended private school.

"The effeci^this decision.will beto strengthen "the private schools" at

zation for Englewood Cliffs would bea duaJLsending-receiving relationshipin which parents could choose eitherEnglewood or Tenafly, a suggestionMr. Mytelka has called a "sham."

The fate of the 13 Englewood Cliffseighth-graders who have enrolled inTenafly for next year is unclear andthey also probably cannot enroll inother surrounding public schools on atuition-paying basis. Q

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Page 80: 1987-88 Newspaper Clippings School Regionalization (All)

be broader and more comprehensiveChan Tenafly's, particularly in voca-tional education and special educa-tion, adding that students might havea better chance of getting into a topcollege when coming from DwightMorrow than from Tenafly.- The EngJewood Board of Educationwas "delighted and exhilarated" withJudge Springer's assessments ofDwight Morrow, according to its at-torney, Arnold Mytefka of the New-ark firm of Clapp & Eisenberg,

"They'feel that they're vindicated, after, so severe an attack on their'educational system and their high" school," Mr. MyteJka said "This kind

of decision prevents" even:, greatersegregation and greater attrition, andmay help to increase .integration ofthe public schools of New Jersey.''

THE NEW YORK TIMES. SUNDAY. MA Y IS, 1988 '

^^j.w.»*,.maKXj^aq?J^-perxeauiJ4Ffihij^sc^cQJlg-eftfoHmeiit OnJy threewnjte EogJewood Cliffs students ptanfn Rflc*ru4 rv»«-~l.< \i

. ^.,^-^r^ wuj jo »u0/CTiis pianto auend Dwight Morrow next year,Mr. Degnan saki

"Is it reasonable to find that the•..- Joss -otjttiree white^students in the

188S-83 school year would have a sig-".;. otftcaoi jimpact on,racial balance at

- DWighl"Morrow High School?'4 Mr.*• . Degnan: wrote in hie' appeal to Dr

'-jCooperman. * "4 • . *•* - for EngJewood a/gue

tuition was high enough to effectivelyexclude black and Hispanic students.

About IS percent of New Jersey'spublic-school districts accept private-tuition students, in part to maintaintheir academic offerings in an era ofdeclining enrollment. Under Judge"Springer's ruling, Englewood and En-glewood Cliffs children will be theonly students in New Jersey who can-not attend public school in\anotherDistrict by paying tuition.

There is some -fear that, if thejudge's decision stands, a!l<-schoois

'may have to abandon their tuitionpolicies, especially if they attract stu-

dents from urban areas,/" "In an era when the Governor andSecretary of Education Bennett arepushing excellence in education, itwould seem anomalous that Tenaflywould be pwjished because of its ex-Silence," said James Rothschild, alawyer with the Morristown firm of

, Rtker, Danzig, Schener, Hyland &\^Permti.,-which represents Tenafly.' -the Springer decision flies-in thefacettf the current movement to pro-vide more choice in public education,Mr. Rothschild said. He sees it as ablow 10 public .education in general,saying that Tenafly's policy was onlytaking students who would otherwisehave attended private school.

"The effect of this decisja^^iJl bestrengthen the private schools at

the expense of the public schools," hesaid,

Mr. Mytelka is not concerned abouta possible conflict with those whoseek more choice in public schools.

"Everyone $5$$) has discussedchoice always discusses it in terms ofnot permitting it to become a vehiclefor greater racial imbalance," hesaid. "It's always coupled with that"

/"In denying Mr. Mytelka's requestfor a regional high school for all threetowns, Judge Springer wrote that,among other reasons, "vl£jjie_£'regation literature teaches usfFm5~if ;- .u-T-M

twowhite

. ^__;—2 . ajfeyv .iauiiUJUy__ -__.-jrnje^pj^d^min,antly .black,

I carrigiIjMIire|tesririsk of while.,

Mr. Mytelka has asked Dr. Cooper-man to order regio.nalization or atleast a study of the issw, arguing that"sjjcJTjeariJiave no place injsur puttir rv>1i>" '' ~" ~~

i the., number.- olT:.EngJewood

rpalatable variation.on regionali-zation for EngJewood Cliffs would bea dual sending-receiving relationship'in which parents could choose eitherEngJewood or Tenafly, a suggestion.Mr. Mytelka has called a "sham."

The fate of the 33 Englewood Cliffseighth-graders who have enrolled in

, Tenafly for next year is unclear andthey also probably cannot enroll inmhe£ surrounding public schools on a•tai Uwr-pSying basis., "~

Cliffs*

Page 81: 1987-88 Newspaper Clippings School Regionalization (All)

It more comprehensive'^particularly in voca-i and special educa-Ssiudenls might havejt of gelling into a top

ming from Dwighfn Tenafly.

d Board of Educationid exhilarated" with

assessments ofi, according to its at-.". :e9(a Of the New-jMiElsenberg.I Ihey're vindicated

I an attack on theirand (heir high

fa said. "This kind.HIS even; greaterrealer attrition, anduse.Integral Ion of

JolNew Jersey."I Cllffs's con-

ice-vyould not have1 on racial balancef Englewood Cliffs

attend Dwightpl.6percent.of jiheJraent. Only three(Ms students planlorrdw next year.C. •

(lo find that theMludenis in the

jni'ould have a slg-p.raclal balance at

i School?'* Mr.(appeal to Dr.'' ' *

i argue thatwood'Cliffs stu-.

vlsariiflcaliyhf the litigation

is reputation.;$iai 1.6 per-jortant, Judge

(racial balancej so precarious; of white stu-(fllflcant nega-ted an a'ccom-"•"$

)[ here. Is not sow stu-

j would slgni-liraic, "Those

Morrow wouldion Implicit.oils not good

tuition was high enough to effectivelyexclude black and Hispanic students.

About 15 percent of New Jersey'spublic-school districts accept private-tuition students, in part to maintaintheir academic offerings in an era ofdeclining enrollment. Under JudgeSpringer's ruling. Englewood and En-glewood Cliffs children will be theonly students in New Jersey who can-not attend public school in .anotherdistrict by paying tuition.

There is some fear lhat, if theJudge's decision stands, all-schoolsmay have to abandon their tuitionpolicies, especially if they attract stu-dents from urban areas.

"In an era when the Governor andSecretary of Education Bennett arepushing excellence in education, itwould seem anomalous that Tenaflywould be punished because of its ex-cellence." said James Rothschild, »lawyer with the Morristown firm ofRiker, Danzig, Scherer, Hyland &Perrettl(»which represents Tenafly.

The Springer decision flies in theface of the current movement to pro-vide more choice in public education,Mr. Rothschild said. He sees it as ablow to public education in general,saying that Tenafly's policy was onlytaking students who would otherwisehave attended private school,

"The effect of this decisiojp'/ill beto strengthen the private schools at

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the expense of the public schools," hesaid,

Mr. Mytelka is not concerned abouta possible conflict with those whoseek more choice in public schools.

"Everyone ->vhQ) has discussedchoice always discusses it in terms ofnot permitting it to become a vehiclefor greater racial imbalance," hesaid. "It's always coupled with that."

In denying Mr. Mytelka's requestfor a regional high school for all threetowns, Judge Springer wrote that,among other reasons, "If the deseg-regation literature teaches us any-thing, it is that the forced merger oftwo districts, one predominantlywhite and one predominantly black,carries the greatest risk of whiteflight."

Mr. Mytelka has asked Dr. Cooper-man lo order regionalize ion or atleast a study of the issue, arguing that"such fears have no place in our pub-lic policy."

A palatable variation .on regionali-281 ion for Englewood Cliffs would bea dual sending-receiving relationshipin which parents could choose eitherEngleweod or Tenafly, a suggestionMr. Mytelka has called a "sham."

The fate of the 13 Englewood Cliffseighth-graders who have enrolled in

, Tenafly for next year is unclear andthey also probably cannot enroll Inother, surrounding public schools on ataition*p$ying basis. S

Page 82: 1987-88 Newspaper Clippings School Regionalization (All)

I Attorneys for tne c.nauswt_n^vi'"*""' ffs~ancTE~ngtewoc«l-beaKJs-of—

jealton fired salvos at each- ''Sthgr Trr~wrirten exceptions to\e Law Judgei Kenneth Springer's ruling to1 uphold the contract between •

the towns.Englewood Cliffs' attorney

blasted Springer's decision in! ^ upholding Englewood's con-

tract, saying he based the rulingon a 1.6 percent enrollmentdecline at Englewood's DwightMorrow High School if studentswere allowed to attend TenaflyHigh School.

"Judge Springer fell prey toEnglewood's snrilly asserted

• distraction," said the paperH written by Englewood Cliffs'i attorneys, headed by John

Degnan.H Englewood Cliffs students

were allowed to attend Tenafly,Springer said the 1.6 percent'decrease of students attendingDwight Morrow would be a"symbolic loss" to the white andAsian students at the highschool.

State Commissioner SaulCooperman has until June 3 tostudy Springer's non-bindingdecision. But the state com-

; missioner is expected to ask fora 45-day extention until July

; 17.

enrolled eiunui yjuu.-.^-attend'Tenafly Higfi School. Inthe 1987-88 school year, 92students from Englewood andEnglewood Cliffs attendedTenafly High School, in whichthe student population is 98percent white and Asian.

Englewood Cliffs attorneysaccused the Englewood boardof polarizing the case. "Shameon Englewood for so inflamingthe views of its own .com-munity, its own B^dentsi" and

^ ti2acli<2r&.~ Wr«Dt<2- e«3riar\e is not principally about

race, although racial com-,* I"position is - distinctly relevant, |

and it is time to force the iL Englewood Board to face reality

of its own past derelictions."Englewood's attorneys fired

back, asking whetherEnglewood Cliffs studentsdecided to go to Tenaflybecause of the better facilities,"or were they really concernedabout 'Black Morrow" and whatwere perceived to be its'substantial drug problem,'

See SCHOOL, page 84

School fight continuesContinued from page 4

physical threats, and exclusionof whites from extracurricularactivities."

j Tenafly, meanwhile, tookexception to Springer's decisionto sever the connectionsbetween itself and Englewood

Cliffs.The Tenafly attorney wrote

that state statute permits anyperson not a resident in aschool district to attend thedistrict by the consent &i theschool' board on a non-tuitionor tuition basis.

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Consider aregional scl

« -^\n reviewing Judge KennethSpringer's decision of theproceedings between Tenafly,Englewood Cliffs , andEnglewood, I am concernedwith the judge's comment,Tenafly is hardly in a positionof an innocent bystander. Notonly is the Tenafly board ofeducation policy 'repugnant,' itis also plainly against tine law."(A case is noted in the findingsfor this basis of law.)

In the past, the board ofeducation of Tenafly advisedthe residents that theEnglewood board of educationasked the state commissionerof education to prohibit Tenaflyfrom accepting both Enqlewood/ ./' '/' '(.' ( ;' •« i '•-

Cliffs and Englewood tuitionstudents. If this condition is to

' continue, they requested thatan alternate remedy be in-stituted that would compelTenalfy and Englewood Cliffsto join in a regional high school.

Since the decision providedfor the elimination of tuitionstudents from these two ad-jacent communities, would itnot be prudent to accept theseterms as originally requested byEnglewood, which would.

. eliminate the further litigationand discussion of the need for aregional high school?

It appears that any furthercontroversy in this matter hasthe potential of highlighting theneed for regionalization whichthe Tenafly board says itvigorously opposes.

Members of the TenaflyI Xl- .-

board of education are trusteesof public funds for a thoroughand efficient school system.How would the further ex-penditure of legal fees provide a"thorough and efficient schoolsystem?" Would it not be betterto allocate the $175,000currently in the budget for legalproceedings to assist therehabilitation of the facilities ofEnglewood High School, which

'the Tenafly board of educationassessed as inadequate?

GEORGE AARON

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Tenafly urged to settle school caseBy John H. Kuhn

. Record Staff Writer i

TENAFLY — The Board ofEducation should pursue a negoti-ated settlement of litigation in-volving the Englewood and Engle-wood Cliffs school districts insteadof spending more money on legalfees that already have topped$500,000, residents told the schoolboard Monday.

More than a dozen speakersurged the board to settle the casebefore state Education Commis-sion Saul Cooperman accepts orrejects an April recommendationby an administrative law judgethat would bar Tenafly from en-

rolling ahy more tuition-payingstudents from either Englewood orEnglewood Cliffs.

The board gave no indication ofits own leanings Monday, butBoard President Janet Ginsbergsaid the public's comments wouldbe considered at a future session.About 100 residents attended themeeting.

Administrative Law Judge KenSpringer ruled last month that En-glewood Cliffs cannot end its send-ing-district agreement with Engle-wood and that its request to sendits students to Tenafly HighSchool should not be permitted.

James Rothschild, an attorneyrepresenting Tenafly, said therewere two attempts to negotiate asettlement -during the 10-monthtrial, which ended in February.Trustee Gail Haft, the boardpresident last year, said Engle-wood refused to attend a suggestedmediation session.

Bflfe Perry Levinsohn, who leftthe laoard last month, said "therewascfiever an effort to compro-mise."

Dn. Howard Moskowitz, presi-dent 'of the 200-member Stone-hurst Manor Association, urgedthe board to appoint a negotiatingcomrdittee to determine whether acompromise might be possible.

Rothschild said 90 percent ofthe district's legal fees have beenpaid^He said Tenafly has spent$50^)00 on legal costs and pre-dicted that additional fees will beless than $100,000.

>rding to Schools Superin-it Gerald DeGrow, Tenafly'srement in the case has cost

between $750,000 and $800,000,including the expense of expertwitnesses and transcripts of the100 days of testimony. Collective-ly, the three districts have spentan estimated $3 million.

i

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By Ed KenStaff Writer

ENGLEWOOD SchoolsSupt. Larry Leverett wasrehired for a third term lastweek.

The board of education. unanimously approved his

appointment, noting thesuperintendent's to revitalizethe school system.

Since Leverett joined' thedistrict two years years ago,test scores have gone up andattendance increased. Leverettwill be eligible,for tenure if he isrehired again1 next year.

"He has 'so many strengths,"said board member and former

board president Dr. RodneyMuth. "He gave me the con-fidence to believe in theEnglewood public schoolsystem,"

The council also namedProfessor Alice Peters asschool board president andRussell Major as vice-presidentof the board.

Sitting at his first boardmeeting was newly-appointedboard member Dr. Michael J.Passow, replacing boardmember John Jacoby who didnot seek reappointment.

Leverett's latest successcame with the sending/receivingdecision by AdministrativeJudge'- Kenneth Springer.

Springer accepted three of thefour opinions presented by theEnglewood school board. Theonly decision Springer rejectedwas the possibility of a regionalhigh school system.

Springer upheld the contractbetween Englewood andEnglewood Cliffs while cuttingoff Englewood and EnglewoodCliffs students from attendingTenafly.

Springer mentioned theIncreased grades on the SATs(Scholastic Aptitude Test) andHSPT (High School ProficiencyTest) and the decrease instudent absencss duringLeverett's tenure. DwightMorrow High School's average

attendance improved from88.57 percent in the 1985-86school year to 90.8 percent, in

* 86-87. The drop-out rate wentfrom 20 percent in 1985-86 to7.78 percent in 1986-87.

In his two years assuperintendent, Leverett wasthe spark behind theEnglewood Partners *Jn PublicEducation (EPPE), whichstrives to increase communityawareness and the support forthe public school system.

One of the superintendent'sprojects for the next schoolyear is a multi-cultural programwhich would expose thestudents to different cultures.

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By Ron HoUanctor

More Englewood Cliffs students would at-tend Dwight Morrow High School in Engle-wood if state Education Commissioner SaulCooperman barred them from enrolling inTenafly, lawyers for Englewood's schoolboard said in court papers filed earlier thismonth.

But attorneys for the Englewood Cliffsand Tenafly school'districts continued toinsist that those students would not attendDwight Morrow under any circumstances.

The claims, filed May 19, represent thefinal arguments by all three parties beforeCooperman decides whether EnglewoodCliffs should be permitted to sever its 23-year arrangement with Dwight Morrow andenter into a new accord with Tenafly High

'School. An administrative law judge lastmonth recommended that the arrangementbe upheld.

Cooperman hopes to rule on the recom-mendation of Administrative Law JudgeKen Springer by the end of June, said Sey-mour Weiss, director of the state educationdepartment's Division of Controversies andDisputes. The commissioner has until July18 to act.

In his recommendation, Springer sup-ported Englewood's request that Tenaflystop accepting tuition-paying students fromboth Englewood Cliffs and Englewood.About 92 students from the two towns at-tend Tenafly High School, at a cost to theirparents of $5,480 each.

Springer also denied Englewood Cliffs' re-quest that its parents be allowed to sendtheir children to either Dwight Morrow or

Tenafly. And he turned down Englewood'srequest that one regional high school be es- ~tablished for the three districts.

In the briefs, Englewood's lawyer, ArnoldMytelka, wrote: "Deleting Tenafly HighSchool as an option will be perceived as astrong endorsement of Dwight Morrow andwill eliminate the 'uncertainty' in the mindsof some parents about the school."

Mytelka said a favorable decision by Coo-perman would encourage more EnglewoodCliffs students to enroll, perhaps beyond theeight that are projected for September.Twenty-one Englewood Cliff's residents nowattend Dwight Morrow.

Englewood Cliffs and Tenafly, on the oth-er hand, cited a poll by the firm of Penn &Schoen in which parents said they wouldsend their children to private or parochialschools if they were barred from TenaflyHigh School.

Englewood said the poll wascause respondents knew that it wi]sioned by Englewood Cliffs tolitigation claims.

In an interview Friday, Weil)could not state whether Cooperaccede to Englewood Cliffs' recquick decision on whether 14 eigfrom the borough would betend Tenafly High School in Sc' Because the eighth-graders

cepted by Tenafly before Springmendation, Englewood Cliffsthey were technically enrolled iiand should be able to attend no/Cooperman rules on the overa

Weiss said Cooperman wouresponse from Englewood next fconsidering the request. Engleyers have said they will oppose

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High school rulingCliffs

Englewood camouflaged toeeducational shortcomings of itshigh school by accusing Engle-wood Cliffs of racism, and an ad-ministrative law judge fell for thestrategy, lawyers for EnglewoodCliffs argued in briefs filed Mon-day.

The lawyers said the judge erredby maintaining the 21-year send-ing-receiving relationship betweenEnglewood Cliffs and Englewood'sDwight Morrow High School andby refusing to allow the Tenaflyschool district to continue to ac-cept students from both munici-palities.

But Englewood's lawyers assert-ed just the opposite: that Engle-wood Cliffs has used charges of in-ferior education at DwightMorrow — most of whose stu-dents are black and Hispanic — tomask prejudice among its parents,most of whom are white.

Tenafly, meanwhile, said that itshould be able to retain its tuition-paying arrangement with both En-glewood Cliffs and Englewood stu-dents.

The counterclaims came in re-plies to last month's non-bindingdecision, by Administrative LawJudge Ken Springer, that upheldthe sending-receiving arrange-ment. The papers were filed with

- state Education CommissionerSaul Cooperman,

In recommending dismissal ofEnglewood Cliffs' suit, Springer

opposed its request for a dual ar-rangement with Tenafly HighSchool and Dwight Morrow inwhich parents could send theirchildren to either at taxpayers' ex-pense. Currently, 92 students fromboth districts pay tuition to attendTenafly, whose student populationis 98 percent white or Asian.

Spr inger also re jec tedEnglewood's move to establish aregional high school for all threedistricts.

And he said Tenafly must ceaseaccepting tuition-paying studentsfrom both districts, a practice hecalled "cream-skimming."

Lawyers for Tenafly strenuouslyobjected to Springer's recommen-dations. They argued that the tu-ition students wouldn't attendDwight Morrow under any cir-cumstances and instead would goto a private school.

Englewood Cliffs' lawyer, JohnDegnan, said he was pleased thatSpringer found that his client'ssuit was motivated by educationalconsiderations.

But he disputed Springer's find-ing that the loss of three white En-glewood Cliffs students — the to-tal number expected to be enrolledin all four grades at Dwight Mor-row in September — would have asignificant impact on the 890-stu-dent school.

And he said that Springershould have reached his decisionbased on educational shortcom-ings at Dwight Morrow ratherthan its racial balance.

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«tt — _... _ ._ •

Trustees debate settling suit

% 1If

i i•» iii

By Ed KensikStaff Writer

TENAFLY - The boroughschool board is mulling whetherto settle its three-year fight overthe sending/receiving contractwith Englewood and EnglewoodCliffs.

Trustees are being pressured toend the fight, which has cost allthree towns more than $3 millionand lasted since 1985, after morethan 100 residents protested themoney spent on litigation at arecent board meeting.

Last month, AdministrativeJudge Kenneth Springer upheldEnglewood's right to continuethe contract with EnglewoodCliffs while rujing that Englew-ood Cliffs students could notenroll at Tenafly. Springers rrecommendation is now on StaffedEducation Commissioner SaulCooperman's desk for a decisionto be given later this month.

According to EnglewoodCliffs Board President SadriGarakani, Tenafly School BoardPresident Janet Ginsberg calledto see if she could meet with herto discuss a settlement. But Gara-kani said she wanted to discussthe subject with the board atMonday's meeting. Ginsbergwas unable to be reached forcomment.

Tenafly Schools Supt. Dr.Gerald Degrpw said a settlementhas been discussed in closedsession. According to formerboard president Dr. Gail Haft,the board set up a committee ofGinsberg and Board AttorneyTom Rothschild to discuss asettlement. v ,X?

V \oTenafl^ibVard member Jim

Byrne^said he is leaning towardVlj8ome type of settlement.

"There's a lot of sentiment fromthe public to settle the case," hesaid. "I can't disagree with thesentiment, and I possibly feel that

it is the right way."-Byrne said he would have to

consider the legal ramificationsdown the line. He said the cost toappeal Cooperman's decisionwould be better spent on educa-tion, Other members of the boardwould not discuss the subject.

Former board member Dr.Perry Levinsohn is in the processof forming a citizen's group topress the board to settle.

"This is a common sensematter," he said. "This is ashameful waste of money.People in Tenafly want to have it

. settled, and they'll take (Sprin-ger's decision)."

Levinsohn said he voted tobring in the Englewood Cliffsstudents back in 1983 if only thecommissioner okayed the deci-sion.

"People do have the right tochange their mind," said boardmember Byrne who originallyvoted to accept the Englewood

is students."The issue we're wrangling

with right now is the idea with the15 students (from Englewoodand Englewood Cliffs) who arecommitted to Tenafly nextyear," said Byrne.

According to Byrne, DeGrowmoved to represent the parents ofthose 15 children, but the boardrescinded the action. "We didn'twant to pay for the representationof those 15 children," he said.

Englewood Cliffs has peti-tioned Cooperman to allow the15 students to go to Tenafly nextyear, and the Englewood Cliffsschool board said the decision byCooperman may come too lateand leave the, parents andstudents without a high school toattend.

Englewood's attorneys havesaid they would fight that recom-mendation if Cooperman allowed

-the eighth graders to go toTenafly next year.

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Temperson school suitT ^I-IP ' •In Cliffs, recnmmationsover the Englewood case

By JMR Rimbmsh••t Cofrgspondant ••

ENGLEWOOD CLIFFS — A Board of Educa-tion meeting last week erupted in screaming amongtrustees and parents during bickering over the dis- *tricts' handling of its lawsuit against the Englewood 'Board of Education.

The meeting was highlighted by normally quiettrustee Stewart Farber making a loud, emotionalplea for an end to the bickering and a former PTAco-president denouncing bis remarks.

Board meetings have been tension-packed sincetrustee Sadri Garakani assumed the board presi-dency and decided that trustee Carin Geiger, for-mer liaison to the district's lawyers handling the

. litigation, should be forced to resign.Tempers initially flared Monday when board at-

torney Steven Fogarty told parents that the dis-trict's petition before the state commissioner ofeducation to get its eighth-graders into TenaflyHigh School in the fall may fail, and they shouldseek an alternative high school. •

The 14 youngsters have been accepted at Tenaflyas tuition-paying students. Their states becameunclear in April when a state administrative lawjudge ordered Tenafly not to accept new tuition-paying students from either Englewood Cliffs 01Englewood.

^Parents and some trustees lead by Garakani in-sist the eight-graders' education is in "limbo" be-cause Geiger did not tell them to seek an alternativehigh school and deceived them into thinking thatEnglewood Cliffs would win the case.

If the administrative ruling stands, EnglewoodCliffs will be obligated to maintain its sending-receiving relationship with Englewood and thecity's Dwight Morrow High School.

But Geiger and Farber, among others, said it hasbeen a widely publicized possibility from the startof the case, which has cost the district $1.3 million,that children might be barred from attending Ten-afly High School.

"It's amazing to me how people convenientlydon't know things that are public knowledge.... Ifind it difficult to believe this," Farber said.

Some parents considered Farber's comment aninsult.

"Would we be that stupid, tiaat ignorant, to sithere with our children's education at stake and notdo anything?" parent Rhea Stassou said.

Several heated exchanges ensued among resi-dents and trustee, during the meeting, with someresidents calling the trustees "childish." But onesquabble among Garakani, Geiger, and trustee

See ANGER Page A-35

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TUESDAY, JUNE 14, 1988

Decision on 8th-gradetransfers weeks away

Fourteen Englewood Cliffseighth-graders will have to waita few weeks for a decision onwhether they can go to school inTenafly next year instead of En-glewood

State Education Commission-er Saul Cooperman denied a mo-tion by the Englewood Cliffsschool district for an early deci-sion on whether the students canattend Tenafly High School.

Cooperman said he will decidethe students' case when he rules

in early July on the full petitionby Englewood Cliffs to withdrawits high school students fromEnglewood *B Dwight MorrowHigh School and send them in-stead to Tenafly.

The 14, plus a student fromEnglewood who was not part ofthe motion, were accepted asprivate tuition-paying studentsat Tenafly, but subsequently ajudge barred Tenafly from ac-ceping such students from En-glewood or Englewood Cliffs.

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I"8th graders toldto make alternateplans for schoolBy Ed KensikStaff Writer

ENGLEWOOD CLIFFS -Eighth graders counting on goingto Tenafly High Schoolnext yearbetter make alternative arrange-ments, a borough school officialsaid last week.

Parents of eighth graders weretold by board attorney StevenFogarty last week that chances ofstate Commissioner of EducationSaul Cooperman allowing 14Englewood and EnglewoodCliffs students to attend TenaflyHigh school were slim.

r'If you have another alterna-tive, you should take it," Fogartysaid.

"We're very scared," saidone parent. "We were left hold-ing the bag. We're now justtrying to find a place we can sendmem."

Of the 14 parents who appliedto send their children to Tenafly,six to eight also applied toDwight Morrow, according toone parent. Parents alsomentioned Paramus Catholic. High-School wtAc.ademy.9f Jtje,

Holy Angels in Demarest asalternatives to Tenafly.

A glimmer of hope was offeredby trustee Carin Geiger who saida measure approved at a recentstate School Boards conferencebodes well for the district's fightto send students to Tenafly.

The resolution passed by theState School Boards Associationsays school districts involvedwith expired sending/receivingcontracts should be allowed to

. send students to another district.According to Geiger, in the

past three years, efforts to passthe resolution were opposed.

Fogarty said Cooperman willdecide on the status of the 14eighth graders by mid-June. Healso said he expected to have adecision on Administrative LawJudge Kenneth Springer'srecommendation before themiddle of July.

In April, Springer recom-mended the Englewood Cliffssending/receiving contract withEnglewood be continued butadvised against allowing anymore Englewood Cliffs orEnglewood students to attend

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Cooperman rulingexpected this weekBy Ed KensikStaff Writer

ENGLEWOOD - A decision from State Education CommissionerSaul Cooperman is due this week on the sending/receiving contractamong Englewood, Englewood Cliffs and Tenafly.

It is expected that Cooperman will agree with Administrative JudgeKenneth Springer's decision which upheld the Englewood positionthat Englewood Cliffs students must attend Dwight Morrow HighSchool.

The legal battle has been fought since December of 1985. It has costall three parties more than $3 million.

Tenafly began accepting Englewood Cliffs students in 1983. Sincethen, the majority of Englewood Cliffs students have been attendingTenafly High School.

Cooperman can either accept Springer's decision, deny it, or

See COOPERMAN, page 5

Cooperman decisionexpected this week

(f7x^uJif* ML. <—'.Continued fronrpagel __ /, 1O^

modify it. J2/*/*£.After Springer's decision in April, Englewood Cliffs Attorfiey John

Degnan told Englewood Cliffs parents that Cooperman has agreedwith administrative judge's decisions in the past.

Degnan told the crowd the best chance of reversing Spnnger sopinion is going before the state board of education.

Springer said Tenafly could not receive Englewood Cliffs studentson a tuition basis.

The judge also said Englewood Cliffs could not have a sending/receiving contract with Englewood, and also set-up a contract withTenafly. .

Since Springer's decision, Englewood Cliffs petitioned Coopermanto allow 14 eighth graders to attend Tenafly next year. But the StateEducation Commissioner has not made a decision on the petition.

While Cooperman has been deliberating on the case, Tenafly hasbeen getting pressure from residents to settle the case and has beendiscussing that possibility in closed session.

i y

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sen*- By Ron Hollander

In a resounding affirmation of the impor-tance of integration in public schools, stateEducation Commissioner Saul Coopernianon Tuesday denied Englewood Cliffs' bid topull its students from Englewood's DwightMorrow High School and send them to Ten-afly instead.

The Englewood Cliffs and Tenafly schoolboards haven't decided whether they willappeal the decision, but several trustees saidthey oppose spending any more money onthe dispute. The three-year battle has costthe three districts almost $4 million.

"I would not spend even one more penny

• Englewood Cliffs trusteesdivided on appealing decision. A- 7

on it," said Englewood Cliffs board Presi-dent Sadri Garakani, adding that she wasexpressing only her own opinion and notspeaking for the board.

Cooperman's 47-page decision was hailedby some education experts for its strongsupport of integrated education.

In the decision, Cooperman rejected En-glewood Cliffs' argument that better educa-tional quality at Tenafly — not the racialmakeup of Dwight Morrow — motivatedthe suit. /

"No one couJd seriously believe that racialprejudice and circumvention of integrationis not at play in this case," Coopermanwrote.

He wrote that although "painfully fewwhite students remain" at Dwight Morrow,their absence still could have a "significantnegative impact on racial composition."

Englewood Cliffs students attendingDwight Morrow number fewer than 20 butare 16 percent of the white population there.

Dwight Morrow is 88 percent black andHispanic. Most of Englewood Cliffs' stu-dents are white and Asian, like TenaflyHigh School's population. Englewood Cliffs

does not have a high school and has had asending relationship with Englewood for 23years.

"I say hooray for this decision," said HerbGreen, director of the Institute for CitizenInvolvement in Education at New Bruns-wick. "It says that we in this state continueto stand for integration in our publicschools."

Marilyn Morheuser, executive director ofthe Education Law Center in Newark,agreed "It shows a continuing resolve bythe Education Department to give greatweight to the importance of integration in

See CLIFFS Page A-7

, tutuius .cdigjewood Cliffs par-ents to send any more students to Tenafly asprivate, tuition-paying students. Sixty-eightsuch students are to attend Tenafly HighSchool in September, each paying $5,990 tu-ition. A like number attend private schools,and only 18 attend Dwight Morrow, which isfree to them.

Englewood parents also may not send stu-dents to Tenafly.

The decision, which affirms the recommen-dation, issued in April, of Administrative LawJudge Ken Springer, strengthens the state'spresent 187 sending-receiving relationships,educators said, especially between districtswhere there is a racial disparity.

In similar conflicts, Bradley Beach and Bel-mar are trying to withdraw from the predominantly minority Aabury Park -"-•-•—' •O-...J.L T •-

^v/ujjcjuicuj aiso denied Englewood's requestto create a regional high school district withTenafly and Englewood Cliffs.

And he said that Englewood Cliffs cannothave a dual sending-receiving relationship withboth Englewood and Tenafly.

t>acJcs integrationswood'srequest that rejects » ,„„,-_, .., . ..^A'saste* a^-a-a^.

I»rt~ 1 T~ . - J ,

....j j,«.ti. ui ouopermnn's decision, can beappealed to the state board within 30 days.There is no time limit for the state board torule on an appeal. Education officials said it isnot uncommon for the board to. take a year todecide a case. The case could be further ap-pealed in the state court system.

T.«»

Grove,

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S iS*Englewood probably will appeal the portion

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.,g..cwuoa s attorney, Arnold Mytelka. *>,But Englewood board President Alice Peters

said she didn't know: "I haven't seen the jbjpi-sion, but from what the attorneys have tola me,I couldn't be happier."

Tenafly got about 20 new students annuallyfrom Englewood and Englewood Cliffs, la fouryears, their absence will cost the district m.orethan $400,000 a year in lost tuition fees. SehdolSuperintendent Gerald DeGrow said the -dis-trict will have to make up for the shortfall bysome combination of cutting the budget, rais-ing taxes, and cutting staff and programs,-

Cooperman also denied a request by Engle-wood Cliffs to allow 14 eighth-grade studentsaccepted by Tenafly before Springer's ruliog^toattend in September. "

The action will have cost the three districtsi,859,500 through next .T»™ ««- '- ' "

Page 94: 1987-88 Newspaper Clippings School Regionalization (All)

's $1M feevoanoa said he would like to seek arefund.

Trustees Steven Rubinsky andPat Drimones could not bereached for comment.

Last week, the board met withWhitmer after asking him to re-view the case because "we lost ev-erything and we lost badly," Gara-

the kani said, adding: "We wanted toda- see where we went wrong."

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• m-•f

;c&JSaf$B_, ^. ^^sxacis^xawf?* —TV*per man ruling affirmsimportance of integrationByEdKensikStaff Writer j^

State Education Commis-sioner SauJ'Coopenuan last weekupheld the sending/receivingcontract between Englewood andEngJewood Cliffs and affirmedthe importance of integration inpublic schools.

As expected, Coopermanagreed with Administrative LawJudge Kenneth Springer's deci-sion that the loss of students fromEnglewood and EnglewoodCliffs to Tenafly High Schoolwould harm the educationalquality and racial composition ofDwight-Morrow High School inEnglewood.

Englewood Cliffs filed a peti-tion in 1985 to sever its contractwith Englewood and send itsstudents to Tenafly.

Coeperman also deniedEnglewood Cliffs the right tobegin a dual sending-receivingcontract with both towns, andprohibited Tenafly from accept-ing Englewood and EnglewoodCliffs students on a tuition basis.

Cooperman denied Englew-5 ood's request to create a regionalj high school district with Englew-. ood Cliffs and Tenafly.- In denying the petition on

racial grounds, Cooperman

( calledthe Englewood Cliffs excuse fornot sending students toEnglewood's Dwight-Morrow

High School on educationalgrounds "naive."

"While the Englewood CliffsBoard has put forth a series ofeducational reasons for wishingto sever its sending/receivingrelationship with the EnglewoodBoard, it is naive to suggest thatracial considerations are notimplicated give the demonstrable"white flight" from Dwight-Morrow High School that hasoccurred since die late 1970's,"wrote the Commissioner.

Based on 1987-88 enrollment,66 percent of the students atDwight Morrow are black whileTenafly's enrollment is 80percent white. At Tenafly, thereis only a one percent black enroll-ment. Dwight Morrow has a 12percent white enrollment.

The percentage of EnglewoodCliffs students attending DwightMorrow dropped dramaticallyfrom a high of 69 percent in the1980-81 school year to 2.6percent, or 21 students in 1987-88.

"The Cliffs Board is wrong inits assertion that the flight ofCliffs students has been exoner-ated because educational reasonsfor severance were found to havebeen advanced by the CliffsBoard. As previously stated, noone could seriously believe thatracial rejudice and circumventionof integration is not at play in thiscase." Cooperman wrote.

The Board of EducationCommissioner also rejected thepetition by Englewood Cliffs toallow eighth grade studentsenrolled at Tenafly next year togo because of hardship.

"Contrary to what is argued,those students were not enrolledat Tenafly High School or anyother Tenafly school at the timeof the Administrative LawJudge's decision. They wereenrolled in and attending theschools where their eighth gradeis located. To argue otherwise ismeritless."

Cooperman, however, ruledthat Tenafly was allowed toaccept students on a tuition basisfrom other districts.

Tenafly is the recognizeddistrict for Alpine high schoolstudents and accepts studentsfrom other municipalities aswell.

Cooperman said EnglewoodCliffs parentsdo have a choice in selectinghigh schools for their children.

"The Commissioner concurswith the Administrative LawJudge that it is of no moment thatCliffs parents in this matter haveno intentions of sending theirchildren to Dwight-Morrow,"the Commissioner wrote. "Theyare free to send their children toprivate or parochial school andthat right is in no way infringedupon by this decision."

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trusteeresignsin protestUrges end to suitover high school

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By John H. Kuhn,•Inn Rimbach, andPaul Schwartzman

Record Staff Writers

Fallout from litigation that hasentangled three school districtstook new twists Monday when aTenafly trustee resigned to protestbis district's continued participa-tion in the case, and EnglewoodCliffs trustees sought to distancethemselves from a report that thecase was racially motivated,

"I can't serve in this environ-ment," said James Byrne, a five-year trustee, who announced hisresignation to stunned colleagues."The board has chosen to imple-ment a policy that is clearlyagainst the public good andagainst the wishes of a majority ofthe people of Tenafly."

Meanwhile, Englewood Cliffstrustees and residents reacted to aJuly 22 Record article that quotedthe president of the school boardas saying her district's lawsuit towithdraw its students fromDwight Morrow High School inEnglewood was "a racial issue."

The quotes by Board President.Sadri Garakani were contained in-confidential minutes of a private^July 15 meeting, a copy of whichIwas obtained by The Record.; "The board's position [is] that-the comments attributable to Mrs.Garakani — correctly or incorrect-ly — are certainly not the positionof the Englewood Cliffs board,"jboard attorney Stephen Fogartysaid.- "The board is, to say the veryleast, most upset, disgruntled, and,frankly, very angry that the sumand substance of these minutesfound their way into The BergenRecord," Fogarty added.

Garakani, for her part, said shehad been quoted "out of contort."

"I don't know who leaked it,"she said of the minutes. "I donttrust the papers any more."

Garakaai's reported commentsmirrored those made by state Edu-cation Commissioner Saul Coo-perman when he barred Tenaflyfrom accepting tuition-paying

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««TIx, —^, mmncr what you call U^= misguided or committed to'the cause one thing is clear: The Englewood Cliffs,Ei^glewood,,andiTenafly, boards of education are still inthere fighting the school battle.

In a nutshell, Englewood Cliffs wants to sever its send-ing/receiving contract with Englewood and send itsstudents to Tenafly, Tenafly wants to accept EnglewoodCliffs' tuition-paying children, and Englewood wants aregional high school. An administrative law judge and thestate education commissioner said no to all three requests,but their decisions were definitely victories for Englew-ood.

Last week Englewood Cliffs decided to appeal, conti-nuing its quest to sever its contract with Englewood.Tenafly, noting Englewood Cliffs' move, also decided toappeal. Meanwhile, Englewood, not to be outdone,counter-sued and decided to make another bid for region-alization. The case will go to the state board of education.

Why won't Englewood Cliffs give up the fight? Besides. defending its original battle cry — education at Englew-ood's Dwight Morrow High School is inferior — schoolboard trustees said two things last week: The state board of

.education has been known to overturn the commissioner'sdecisions, and they have $15,000 budgeted for the appeal.Neither reason seems substantive when you examine the

1 real Jssue, •

fcA-lil^^ir. * - " . " ' - • f c . •• ' **;..•• N , • .

-

/ WMIs the school battle all about? Sixty-six percent of\s students are black and 12 percent are:wl&^ |igbty percent 6f"the teenagers at Tenafly HighSchoojjare white.

;.. ••§ •?. ' : • • - .Englewood Cliffs residents can say all they want about

inferior education and crime at Dwight Morrow, but state,Education Commissioner Saul Cooperman is right: tobelieve that anything other than race is the motivatingfactor behind the lawsuit is naive.

It is important to maintain a racial balance at DwightMorrow, and if that means a few Englewood Cliffs andEnglewood parents will be deprived of sending their chil-dren to Tenafly, so be it. Those parents still have the optionof sending their children to a private school or to anotherschool district.

Prejudice is an insidious disease that infects the minds ofyouth and grows with time and age. There is no rationalefor its existence, except for the fears of small-mindedpeople. While it would be just as loathsome to say Englew-ood Cliffs parents do not want their children to attendDwight Morrow solely because of prejudice, that is thepredominant feeling one takes away from this battle. IfDwight Morrow were 66 percent white, would there be alawsuit?

If Englewood Cliffs parents and school board trusteesindeed find the quality of education at Dwight Morrowdeficient, their energy and money would be better spentenriching their children's academic lives, instead of fight-ing, a nonsensical battle.

£Hiv ,

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\W JERSEY RECORD

FRIDAY, JULY 1, 1988

Cliffs rejects school applicantBy Juan Rfmbtch

Correspondent

ENGLEWOOD CLIFFS - Jo-seph Cornell, the former superin-tendent of the Allendale schooldistrict, fell one vote short of win-ning a similar position in the em-battled Englewood Cliffs schoolsystem Thursday. A second vote isscheduled for July 11.

Board President Sadri Gara-knni cast the lone vote against theappointment, while four trustees— Adela Chersich, Patricia Dri-rnones, Lynn Liaskos, and Dennis ju

fScIavounos abstained. The finnl

tions."I had a doubt in my mind and I

wanted to clear the water before Idrink it," said Chersich, who castthe deciding vote.

Principal Nicholas Mamola hasbeen acting superintendent sinceJamie Savedoff resigned in Marchafter about a year on the job. Save-doff was the third superintendentto resign in about two years.

Drimones, for her part, said shewas unaware of the $177,000 set-tlement Cornell had received whenhe recently resigned his Allendale^

, post* until 'she 'read 'of it in The Record Thursday. She s«id she

her to reconsider her vote.The Allendale board and Cor-

nell, who served for nine years,have acknowledged only that theresignation was due to "philo-sophical differences." Cornell'stenure at Allendale was marred bybickering with trustee Betty Di-Gruittila and the chaos carriedover into the school election, di-viding the district into two camps.

Garakani initially asked theboard to table a vote on Cornell'sappointment until she and other(trustees could meet'with him and*discuss the conflict, in Allendnle.Rut no fino

,ngleci hor

voted to approve Cornell's ap-pointment to the $80,OGO-a-yearpost, said he was "very personallydisappointed" in the decision.Farber said he hopes the trusteeswho have reservations about Cor-nell can "work them out" so thathe is appointed at a later date.

Farber initially asked the boardto "rally behind" Cornell by ap-proving his appointment unani-mously. He said Cornell's experi-ence would be an asset to thedistrict, ..that., what* occurred • be-ijjj

Ptween Cornell and the All»r.<t«iJ««board in in t.ho - 'tl.wood CUTfm

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sending/receivinglitigationDear Editor:

Though I did not run for re-election to the Tenafly Board ofEducation in April, I have readthe 80-page decision by JudgeKenneth Springer on the litiga-tion involving the school boardsof Englewood, Tenafly, andEnglewood Cliffs.

The frustration 1 felt during thelong process has been over-whelming. Not once was any ofmy advice or suggestion forsettling the case ever given anyserious consideration by the restof the members of the Tenaflyboard. Now as a private citizen, Ino longer feel any legalconstraints in speaking out on the

subject.At the first meeting of the

Tenafly Board of Educationfollowing Judge Springer's deci-sion, I said during citizensremarks that Tenafly shouldimmediately notify Englewoodthat it was willing to accept JudgeSpringer's decision. While Ialways felt mat Englewood wasthe agrieved party, I can hopethat statesmanship and good

- sense would have Englewoodjoin Tenafly in notifying stateEducation Commissioner SaulCooperman of its willingness toaccept Springer's decision beforethe commissioner rules on thecase. I

Judge Springer's decisionrecommends against forcedregionalization of the Tenafly

* ""* -' ~' K;r,h cohnr>i<; and

whelming majority of the citizensof Tenafly, a cross-section ofwhom made their views known atthe May 23 board meeting.

For either board to disregardJudge Springer's decision wouldbe totally irresponsible. The7 . , , i r>r> -!„.,<. .f hpannP. at

proniDlUl iciuuij »»... r — , utuition students from Englewoodand Englewood Cliffs. Any*attempt by either community toseek some additional advantagewill again bring into the processthe negative attitudes that givethis type of lawsuit a life of itsown.

Tenafly has appealed toCommissioner Cooperman toallow the 15 students whoenrolled in Tenafly's next fresh-man class to do so in spite ofJudge Springer's recommenda-tion to prohibit their enrollment.That appeal sent the wrongmessage to Englewood andpossibly to CommissionerCooperman. It surely does notreflect the thinking of the over-

wnicnoj'* sci«uaiv.-w™presented and 19,800 pages oftestimony were taken. The costso far to the taxpayers of Englew-ood, Tenafly, and Englewood

Cliffs is more than $3 million.- That's incredible. ^—

The arguments have all been \. This isn't a case where it is 1

at all likely that new evidence \l be introduced that would \t on the decision. If this \e is allowed to continue, the \s and expert witnesses will 1

again present the same arguments 1before different hearing bodies at 1great additional expense. 1

I suggest that the money Ipresently in the three schoolbudgets for legal fees be put in 'the classroom where it belongsand not in the courtroom.

PERRY LEVINSOHNTenafly

» *f

'- ! «

J>«

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Cooperman rulingexpected this week

ENGLEWOOD - A decision from State Education CommissionerSaul Cooperman is due this week on the sending/receiving contractamong Englewood, Englewood Cliffs and Tenafly.

It is expected that Cooperman will agree with Administrative JudgeKenneth Springer's decision which upheld the Englewood positionteat Englewood Cliffs students must attend Dwight Morrow HighSchool.

The legal battle has been fought since December of 1985. It has costall three parties more than $3 million.

Tenafly began accepting Englewood Cliffs students in 1983. Sincethen, the majority of Englewood Cliffs students have been attendingTenafly High School.

Cooperman can either accept Springer's decision, deny it, or

COOPERMAN, page 5

Cooperman decisionexpected this week

"„ „ .. Continuedmodify it. "7/4

After Springer's decision in April, Englewood Cliffs'Attomey JohnDegnan told Englewood Cliffs parents that Cooperman has agreedwith administrative judge's decisions in the past.

Degnan told the crowd the best chance of reversing Springer'sopinion is going before the state board of education.

Springer said Tenafly could not receive Englewood Cliffs studentson a tuition basis.

The judge also said Englewood Cliffs could not have a sending/receiving contract with Englewood, and also set-up a contract withTenafly.

Since Springer's decision, Englewood Cliffs petitioned Coopermanto allow 14 eighth graders to attend Tenafly next year. But the StateEducation Commissioner has not made a decision on the petition.

While Cooperman has been deliberating on the case, Tenafly hasbeen getting pressure from residents to settle the case and has beendiscussing that possibility in closed session.

*

it

i

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Citing Race. Jersey Bars Student-Shift Plan. . fJ • . I 7 <t- *f

By ROBERT HANLBYSpecial 10 TTte New York Times

TRENTON, July 12 — New Jer-.sey's Education Commissioner todayprohibited Englewood Cliffs fromremoving its students from a pre-dominantly minority-group highschool in Englewood, ruling that awithdrawal would have a "significantnegative impact" on racial balanceand educational quality.

The Commissioner, Dr. Saul Coop-erman, also barred Tenafly from ac-cepting high school students from En-glewood or Englewood Cliffs on a tui-tion basis, on the ground that thepolicy encouraged "white flight" andincreased segregation.

Dr, Cooperman's ruling was thefirst.formal and binding one in asensitive and complicated disputethat began in December 1985.

In his ruling, the Commissionertold the school boards in the threecommunities that he had, under theState Constitution and law, "a heavyresponsibility to vigorously and ag-gressively combat threats to racialbalance in our schools."

21-Year AgreementHe said it was "absolutely essen-

tial" for Englewood Cliffs and Engle-wood to resolve their long squabbleand begin working together to meettheir students' eductional needs.

Englewood Cliffs, a small, upper-middle class community of about

5,700 with no high school, had askedDr. Cooperman to end a 21-yearagreement under which it sent itshigh school students to Englewood'sDwight Morrow High School, wherethe student body of 799 is about 66percent black and 18 percent Hispan-ic. Englewood Cliffs sought instead tosend its high school students to Tena-fly High, which is 80 percent whiteand 18 percent Asian.

This fall, only three white studentsfrom Englewood Cliffs plan to enrollat Dwight Morrow, and the communi-ty's school board argued that theirdeparture would not cause significantracial imbalance. The Commissionerrejected the argument, saying his rul-ing dealt not only with those three stu-dents but also with future high-schoolstudents.

Englewood Cited Bias

In the academic year that endedlast month, 76 high school studentsfrom Englewood Cliffs and 16 fromEnglewood attended Tenafly High.They paid an annual tuition of $5,480.

His ban on the high school's tuitionplan covers all Englewood and Engle-wood Cliffs students not attending thehigh school or eighth grade in Tenafly

as of last April 18. On that date, theadministrative law judge, Ken R.Springer, issued a preliminary rulingurging Dr. Cooperman to deny sever-ance of the Englewood Cliffs-Engle-wood relationship and to bar Tena-fly's tuition policy.

Englewood had argued that Engle-wood Cliffs' withdrawal petition wasbased on racial prejudice. EnglewoodCliffs emphatically denied the chargeand said its motivation was solelyeducational. It cited chronic adminis-trative turnover at Dwight Morrow inrecent years and poor student behav-ior and attendance and vandalismand fighting in hallways and class-rooms.

Englewood also argued that with-drawal by Englewood Cliffs woulddeny Dwight Morrow high-achievingstudents and encourage black andHispanic students to leave the school.

In response to the ruling, a lawyerfor Englewood Cliffs, John J, Degnan,said: "I think he gave too little weightto freedom of choice. Students oughtto be allowed to choose the school thatsuits their need."

Tenafly's lawyer, James S. Roth-schild, did not return calls left at hisoffice.

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ENGLEWOOP CLIFFS VS. PWI6HT MORROWQ. What did state Education Commissioner Saul Coopermandecide? ft 4VV* lJ(3j?F |A. He affirmed a judge's ruling that Englewood Cliffs must continue to,send Its high school students to Dwight Morrow High School In Engle-wood. Englewood Cliffs, which has no high school, wanted to switch toTenafly High School.Q. What were the major issues?A. Englewood Cliffs argued that students would get a better educationin Tenafly. Englewood disputed that and said that the loss of Engle-wood Cliffs students, most of whom are white, would further upset theracial balance at Dwight Morrow, which is predominantly black andHispanic.Q. What effect will Cooperman's ruling have on other schooldistricts?A. It strengthens the state's present 187 sending-receiving relation-ships, especially between districts where there is a racial disparity.Similar battles are brewing elsewhere in the state. Bradley Beach andBelmar are trying to withdraw from the predominantly minority AsburyPark district, and Merchantville wants to leave Penns Grove.

Q. Will Tenafly be able to accept students from any otherdistrict?A. Yes. It is the recognized district for Alpine children. In addition to 68students from Englewood and Englewood Cliffs, the district has 17students from Leonia, Saddle River, Fort Lee, New Milford, and otherdistricts, who may continue to attend Tenafly High School.

Q. What are the options for Englewood Cliffs students whohave just graduated from the eighth grade?A. They can attend Dwight Morrow or find a private school. It is unlikelythat any other public high school would accept them as tuition studentsafter the ruling.

Q. How much money has been spent on the case?A. The three school districts are spending close to $4 million, notincluding any appeals that may be filed.

Q. What happens next?A. The decision can be appealed to the state Board of Education within30 days. The board could take as long as a year to affirm or overruleCooperman's decision. The case could then be appealed to the Appel-late Division of Superior Court.

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Englewood Cliffs trusteesdivided on appealing decision

''.'+A-Y

In a resounding affirmation of the impor-4k tance of integration in public schools, state

Jt | 'SHI Education Commissioner Saul Coopermanon Tuesday denied Englewood Cliffs' bid topull its students from Englewood's DwightMorrow High School and send them to Ten-afly instead.

The Englewood Cliffs and Tenafly schoolboards haven't decided whether they willappeal the decision, but several trustees saidthey oppose spending any more money onthe dispute. The three-year battle has costthe three districts almost $4 million.

"I would not spend even one more penny

on it," said Englewood Cliffs board Presi-dent Sadri Garakani, adding that she wasexpressing only her own opinion and notspeaking for the board.

Cooperman's 47-page decision was hailedby some education experts for its strongsupport of integrated education.

In the decision, Cooperman rejected En-glewood Cliffs' argument that better educa-tional quality at Tenafly — not the racialmakeup of Dwight Morrow — motivatedthe suit.

"JSJo one could seriously believe tnat racial* prejudice and circumvention of integrationis not at play in this case," Coopermanwrote.

He wrote that although "painfully fewwhite students remain" at Dwight Morrow,their absence still could have a "significantnegative impact on racial composition."

Englewood Cliffs students attendingDwight Morrow number fewer than 20 butare 16 percent of the white population there.

Dwight Morrow is 88 percent black andHispanic. Most of Englewood Cliffs' stu-dents are white and Asian, like TenaflyHigh School's population. Englewood Cliffs

does not nave a high asending relationship wiyears.

"I say hooray for thisGreen, director of theInvolvement in Educa'iwick. "It says that we iito stand for integralschools."

Marilyn Morheuser, ithe Education Law (agreed: "It shows a cothe Education Depart]weight to the importan

Se

sending-receiving relationships." • / 'The decision forbids Englewood Cliffs par-

ents to send any more students to Tenafly asprivate, tuition-paying students. Sixty-eightsuch students are to attend Tenafly High

September, each paying $5,990 tu-ition. A like number attend private schools,and only 18 attend Dwight Morrow, which isfree to them.

Englewood parents also may not send students to Tenafly.

The decision, which affirms the recommen-dation, issued in April, of Administrative LawJudge Ken Springer, strengthens the state'spresent 187 sending-receiving relationships,educators said, especially between districtswhere there is a racial disparity.

In similar conflicts, Bradley Beach and Bel-mar are trying to withdraw from the predomi-nantly minority Asbury Park district, and in aSouth Jersey dispute, Merchantville wants toleave Penns Grove.

^..rman also denied Englewood's requestto create a regional high school district withTenafly and Englewood Cliffs.

And he said that Englewood Cliffs cannothave a dual sending-receiving relationship withboth Englewood and Tenafly.

Any part of Cooperman's decision, can beappealed to the state board within 30 days.There is no time limit for the state board torule on an appeal. Education officials said it isnot uncommon for the board to take a year todecide a case. The case could be further ap-pealed in the state court system.

If an appeal were filed, a stay of Cooper-man's decision could be sought by any of thedistricts. '

The debate over whether to appeal the deci-sion began immediately.

Tenafly board President Janet Ginsburgsaid, "We're not a pugnacious board. We're notgoing to go down fighting to the end. I'm notsure we'll appeal."

Englewood probably will appeal the portion

backs integrationHSKB ^ia-SWS?*

she didn't know: "I Jiaven't seen the jd&i-, but from what the attorneys have tolg £ye,

I couldn't be happier."Tenafly got about 20 new students annugjUy

from Englewood and Englewood Cliffs. In fouryears, their absence will cost the district Hjerethan $400,000 a year in lost tuition fees. SchdolSuperintendent Gerald DeGrow said the-dis-trict will have to make up for the shortfall bysome combination of cutting the budget, 'Mis-ing taxes, and cutting staff and programs,-

Cooperman also denied a request by Engjte-wood Cliffs to allow 14 eighth-grade studentsaccepted by Tenafly before Springer's ruliB$,joattend in ^September. "

The action will have cost the three districts$3,859,500 through next June, the largpstamount ever spent on such a faa"

ifOc'

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I

Board ^vindicated'by favorable reporton Dwisht Morrow

By Ron HolMnctorRecord Staff Writer

A day after their much-ma-ligned Dwight Morrow HighSchool was praised by state Edu-cation Commissioner SaulCooperman as offering "a more-than-adequate program for its col-lege-bound student population,"members of Englewood's Board ofEducation were saying, "I told youso."

But some board members saidthey still may appeal Cooperman'sdecision, so they can continuetheir quest for a regional highschool district that would serveEnglewood, Englewood Cliffs, andTenafly.

The board presidents of Engle-wood Cliffs and Tenafly said theydid not know if they will appealCooperman's ruling.

In the decision releasedTuesday, Cooperman said thatEnglewood Cliffs could not with-draw its high school students fromDwight Morrow and send them toTenafly instead at taxpayer ex-pense.

Cooperman also said Tenaflymust stop accepting private tu-ition high school students fromEnglewood and Englewood Cliffs.He also denied Englewood's re-quest for one regional high schooldistrict for the three communities.

Cooperman specifically rejectedEnglewood Cliffs' argument thatDwight Morrow offered a pooreducation.

"This case has been heavily im-mersed in an effort to cast DwightMorrow as an inferior school, not

. worthy of its students,"Cooperman wrote. "It is equallyclear that the record does not sup-port this position."

Board President Alice Peters,who graduated from, and thentaught at, Dwight Morrow for 10years, said, "This lets the worldknow we're doing a good jobthere."

Over and over again, boardmembers described Cooperman'sruling with a single word: vindica-tion.

"It's a vindication of the effortsof the board to improve the qual-ity of education at Dwight Mor-row," said Michael Passow, whowas appointed to the board inMay.

Cooperman specifically praisedthe board: "The record demon-strates that the Englewood boardhas sought to identify weaknessesand to take corrective action toimprove its programming for awide diversity of student needs notfound in Tenafly's more . . .homogeneous student popula-tion."

Russell Major, senior member ofthe board with 13 years experi-ence, said he was especiallypleased that Cooperman support-ed the finding of AdministrativeLaw Judge Ken Springer that"Cliffs students ... can get a goodsolid education which more thanadequately prepares them forcollege."

Springer's comments came inhis recommendation to Cooper-man issued in April.

But Major said he was disap-pointed that Cooperman, likeSpringer, rejected Englewood'scall for a regional high school.Major said he wanted the board toappeal, despite its having alreadyspent $1.8 million on the three-year battle.

"The time is now for regional-ization," Major said, citing declin-ing enrollments at high schoolsthroughout Bergen County. "Youcan't offer advanced placementand other specialized courses if thenumber of students keepsdeclining."

Board member ShephardBartnoff said he didn't know if hewould vote to appeal the case, buthe said, "An appeal is not going tocost much, compared to whatwe've spent."

Peters also said she hadn't yetdecided on appealing, but she saidregionalization was inevitable ashigh school enrollments decline.

The three school districtsinvolved in the case have 30 daysto appeal Cooperman's decision.

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•H*ENGLEWOOD CLIFFS —

• While their parents remain bitter,several Englewood Cliffs eighth-graders blocked by state Educa-tion Commissioner Saul Cooper-man from attending Tenafly HighSchool said they don't mind goingto Englewood's Dwight MorrowHigh School in September.

Seven eighth-graders from En-

ut.tt.ncl DwiKht dentB. Approximately « 13 i other JK ODnoaeu u.t .nc wiKht dentB. aeri tn

. ,,*»..*;» w gu i,u jjwignt Mor-row from the beginning, but myparents didn't want me to," saidRenat Yaron, 13. "My sistergraduated from there in 1986, andshe had a good time."

Renat is one of 14 EnglewoodCliffs eighth-graders accepted asprivate tuition-paying students byTenafly in April but forbiddenfrom attending by Cooperman'sruling last week. There were 39students in the eighth-grade classthat graduated in June.

Three of the 14 plan to attendDwight Morrow, with the rest at-tending private or parochialschools, principally Dwight-Engle-wood or Bergen Catholic in Ora-dell. Another four who did not ap-nl» *^ Tl *»-- -' •»

'If I havejail, but myDwight Mo1Liss, whose B!the 14 accepsaid she didtwas academic

She called,sion unconstidwould try tc|

—,,.K**v jrjuiiuw. He alsobanned Tenafly from acceptinghigh school students from Engle-wood Cliffs or Englewood.

Michelle Yoo, 13, who was ac- would try tcjcepted at Tenafly, said, "I might Dwight-Englejas well make the best of it. I went said she wasrjfor an orientation at Dwight Mor-row, and it didn't seem like a badschool,"

Like several other students, Mi-chelle said she was frightened byclaims of violence at Dwight Mor-row made by Englewood Cliffs' at-torney in the case.

"I heard I'd get mugged, but Italked with some of the seniorsand they said it was totally un-true," she said.

But if some students are san-,{„„ _i—i -•• •• -—....«« y»iio uiu iivi ap- But if some students are san-

ply to Tenafly also will attend guine about attending DwightDwight Morrow, according to Morrow, several of the parents ofschool officials and fellow stu- eighth-graders remain adamantly

afford the $9,Michelle's fi

Tanya Gapud,to Tenafly, saithings" aboutTanya, who \d Ch

said she wantwriting at Dwi

One of thecepted at Tenatend Dwight-ERobert RagatDwight Morrovduring the schc

"The only re

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11"

2- - _ _^,.. "' tonst-iawy* —H>tuoperman ruling amrmsimportance of integrationBy Ed KensikStaff Writer J^*

State Education Commis-sioner Saul*Cooperman last week•upheld the sending/receivingcontract between Englewood andEnglewood Cliffs and affirmedthe importance of integration inpublic schools.

As expected, Coopermanagreed with Administrative LawJudge Kenneth Springer's deci-sion that the loss of students fromEnglewood and EnglewoodCliffs to Tenafly High Schoolwould harm the educationalquality and racial composition ofDwight-Morrow High School inEnglewood.

Englewood Cliffs filed a peti-tion in 1985 to sever its contractwith Englewood and send itsstudents to Tenafly.

Cooperman also deniedEnglewood Cliffs the right tobegin a dual sending-receivingcontract with both towns, andprohibited Tenafly from accept-ing Englewood and EnglewoodCliffs students on a tuition basis.

. Cooperman denied Englew-s ood's request to create a regionalI high school district with Englew-. ood Cliffs and Tenafly.3 In denying the petition on

racial grounds, Cooperman

( calledthe Englewood Cliffs excuse fornot sending students toEnglewood's Dwight-Morrow

High School on educationalgrounds "naive."

"While the Englewood CliffsBoard has put forth a series ofeducational reasons for wishingto sever its sending/receivingrelationship with the EnglewoodBoard, it is naive to suggest thatracial considerations are notimplicated give the demonstrable"white flight" from Dwight-Morrow High School that hasoccurred since the late 1970's,"wrote the Commissioner.

Based on 1987-88 enrollment,66 percent of the students atDwight Morrow are black whileTenafly's enrollment is SOpercent white. At Tenafly, thereis only a one percent black enroll-ment. Dwight Morrow has a 12percent white enrollment.

The percentage of EnglewoodCliffs students attending DwightMorrow dropped dramaticallyfrom a high of 69 percent in the1980-81 school year to 2.6percent, or 21 students in 1987-88.

"The Cliffs Board is wrong inits assertion that the flight ofCliffs students has been exoner-ated because educational reasonsfor severance were found to havebeen advanced by the CliffsBoard. As previously stated, noone could seriously believe thatracial rejudice and circumventionof integration is not at play in thiscase." Cooperman wrote.

The Board of EducationCommissioner also rejected thepetition by Englewood Cliffs toallow eighth grade studentsenrolled at Tenafly next year togo because of hardship.

"Contrary to what is argued,those students were not enrolledat Tenafly High School or anyother Tenafly school at the timeof the Administrative LawJudge's decision. They wereenrolled in and attending theschools where their eighth gradeis located. To argue otherwise ismeritless."

Cooperman, however, ruledthat Tenafly was allowed toaccept students on a tuition basisfrom other districts.

Tenafly is the recognizeddistrict for Alpine high schoolstudents and accepts studentsfrom other municipalities aswell.

Cooperman said EnglewoodCliffs parentsdp have a choice in selectinghigh schools for their children.

"The Commissioner concurswith the Administrative LawJudge that it is of no moment thatCliffs parents in this matter haveno intentions of sending theirchildren to Dwight-Morrow,"the Commissioner wrote. "Theyare free to send their children toprivate or parochial school andthat right is in no way infringedupon by this decision."

V

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J "I > I i V > I » i' •i'l'l' • • ' ' * » • ' 1 1 I » K » I « ' I » )'l" I1' ' * I

-The-Suburbanite-Newspapers-Wednesday-, Jirfy 20/t988

The Local Angle

After ruling, trustees plan next moveBy Ed KensikStaff Writer

Now that the state Commis-sioner of Education has made adecision on the sending/receivingcontract among the Englewood,Englewood Cliffs and Tenaflyschool boards, trustees in thethree districts are planning theirnext move.

State Education Commis-s i o n e r S a u l C o o p e r m a nconcurred with AdministrativeLaw Judge Kenneth Springer andupheld the contract betweenEnglewood and EnglewoodCliffs based on racial grounds.

Englewood Cliffs Board Presi-dent Sadri Garakani is leaningtowards a settlement of the case.

"As a private citizen, I'magainst going forward with this

case," she said. "EnglewoodCliffs and Tenafly have spent

' excessive amounts of money onthe litigation. I wish we couldhave spent the money on impro-ving education. But as boardpresident, I would like to hearfrom the wishes of the taxpay-ers."

But trustee Carin Geiger, whowas board president when thecase was intiatated, disagreed.

"Englewood Cliffs has noalternative but to appeal the deci-sion and terminate the sending/receiving contract with Englew-ood," Geiger said. "As ourattorney has advised us, the StateCommissioner's verdicts havebeen previously been overturnedby the state school board. Thefunds for the appeal have alreadybeen supplied in the budget."

Englewood Cliffs trusteeStewart Farber remains unde-cided.

"At this time we must evaluatethe clarity of the decision and theintensity of the decision and tocome to a consensus," Farbersaid.

The school board has 30 daysto appeal the commissioner'sdecision to the state board ofeducation. After that, the casecan be appealed to the AppellateDivision of Superior Court.

In Tenafly, the word is to waitand see.

"We did not init iate theappeal," said Tenafly Board ofEducation President Janet Gins-burg "We have been on thedefensive since this started. Weare going to be seeing what theother two districts do."

Ginsburg's colleague JimByrne is calling for an end to thecase. "It's time to deal with thefuture which basically comesdown to not appealing," Byrnesaid. "I will use what influenceto urge the other members to notappeal."

Tenafly Schools Supt. GeraldDeGrow said he was disap-pointed with the decision that the15 eighth graders who wanted toattend Tenafly High School wereturned down. But DeGrow saidhe was pleased Coopermanrejected the idea of a regionalh i g h school for the threecommunities.

The Englewood Board ofEducation was, for the most part,jubiliant about the decision.

"I felt confident all along thatthe commissioner would agreewith the judge's reasonable andwell-thought out decision," saidtrustee Rodney Muth.

Board member Shepard Bart-noff, who was board presidentwhen the court fight began in1985, agreed.

"I and other board membersfeel this decision affirms therecord of the school system andcompletely nullifies the slurs andthe slanders that are baseless,"said Bartnoff.

The trustee did acknowledgesome disappointment overCooperman's decision to reject aregional high school.

"I do think the regionalizationis something worth pursuing."

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Parents upsetover decisionof CoopermanByEdKensikStaff Writer

ENGLEW(50D CLtfFS - Theparents of eighth grade studentsin the district say they are upsetand bewildered by the stateeducation commissioner's deci-sion to uphold the sending/receiving contract betweenEnglewood and EnglewoodCliffs

"I'm very upset over thecommissioner's decision," saidCindy Agerup. "We have nofreedom to where we can sendour child."

But Commissioner of Educa-tion Saul Cooperman said parentsdo have a choice.

According to his decision,"They are free to send their chil-dren to a private or parochial

See related stories page 2Thanks to the decision which

bars their children from attendingTenafly High School, 15Englewood and EnglewoodCliffs parents are now shoppingfor a high school for their chil-dren.

school, and that right is in no wayinfringed upon by this decision."

Some parents have alreadychosen a school, opting for eitherDwight-Englewood, a private

See ENGLEWOOD, page 2

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J Staff Writer

ENGLEWOOD - The' cityboard of education last weekvoted to appeal school regionali-zation, rejected by .state Educa-lion Commissioner Saul Cooper-man, after the Englewood Cliffsboard announced it would pursue.severing the sending/receivingcontract with the city.

The city trustees voted unani-mouslyto appeal for a regional highschool for Tenafly, Englewood,and Englewood Cliffs. Theregkmatization issue, which wasrejected by^ Copperman andAdministrative Law Judge.Kenneth Springer, was the only

; part of Cooperman's ruling thatdid not favor Englewood."'.Trustees said they had nochoice but to appeal after the

Cli f fs boardits intention to dfl so.

High SchoolProficiency Test Scores

1986-87 results

statesviorrpw Tenafly average

Reading 90.6 99.5Math 81.5 ^95.0

writing ss.o 97.2Figures represent percentage of students passing test.

91.0

77.0

85.9

"We felt we had to go thewhole route on this case sinceCliffs had already appealed thedecision," said board PresidentAlice Peters.

The city school board main-tains forming a regional highschool would be the in the bestinterest of all parties.

According to Peters, the cost

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for the appeal will be minimal.Arnold Mytelka, the board'.sattorney for the case, said hecould not put an amount on thecost. *

In his decision, Coopermanrejected the idea of regionaliza-tion for three reasons: "becauseone cannot be sure that a regionalschool will be better than DwightMorrow and Tenafly HighSchools; it might meet withresistance and would requireresources which would better bespent improving the two schools;and the diverse student bodywould propose a challenge to theteachers of the school."

But Englewood trustees say aregional high school wouldcreate a balanced school popula-tion; offer a broader and richereducational program than ispossible in a smaller school; andcounteract the mutual problemsof decline enrollment.

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By Mary Garcia, Staff Writer

TENAFLY - The boroughboard of education voted 7 to 1last week to appeal stateCommissioner of Education SaulCooperman's decision whichsays Tenafly cannot accepttuition paying students fromEnglewood Cliffs.

"The main reason for theappeal is that we have to followthe same process (as EnglewoodCliffs and Englewood) to keepour legal status open," saidCharles Ryder, board of educa-tion vice president. However,Ryder said the board's mainconcern was regionalization.

Unlike Englewood, Tenaflyand Englewood Cliffs are

• opposed to regionalization of thethree school districts. Accordingto Ryder, appealing is the onlyway the borough can be repre-sented in the issue of regionali-zation.

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A resolution adopted last weeksays board members are ready to"defend vigorously" against any

possible regionalization.Board member Jim Byrne was

the only member to vote againstan appeal.

"I plainly think it was a majormistake and the majority of thepeople in Tenafly were ready toaccept (the ruling)," said Byrne.

Byrne said the decision toappeal posed a long-term dangerfor the district because litigationwill continue for years and willcost the district a great deal ofmoney.

Byrne also said he doubted thatthe district's tuition policy wouldever be regained. "The propercourse in my view was to accept'the decision and prepare for thefuture," he said.

According to Ryder, theappeal will cost the boroughapproximately $15,000. Theschool board has already spent atleast $1 million on the case.

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Will the Tenafly Board ofEducation continue to fan theflames of litigation now mat stateEducation Commissioner SaulCooperman's decision coincideswith those of Judge KennethSpringer? During all of 1987,testimony and final briefs weresubmitted, closing the record onthese hearings at the end of dieyear. Instead of acting prudentlyduring the weeks prior to Judge .Springer's opinion April 19, theTenafly board prematurelyaccepted 15 tuition studentsliromthe two communities in question— Englewood and EnglewoodCliffs.

In 1985 the Cliffs board peti-tioned to sever its relationshipwith Englewood and enter into a

- sending/receiving relationshipwith Tenafly. Tenafly agreed andpetitioned to acquire studentsfrom the Cliffs, replacingEnglewood as the receiving highschool.

This formal procedure of asending/receiving relationshipwith Englewood had a long-termstate approved agreement withEnglewood Cliffs. They peti-tioned the commissioner to haveTenafly cease and desist fromreceiving any students fromeither the Cliffs or Englewood, or ^as an alternative, to cause the •'-

three school districtsregional high school.

Rafter than compromise, theyjoined in a $3 million litigationft at brought about Judge Sprin-ger's decision that regionaliza-tion is unworkable as requestedby Englewood. He acceptedEnglewood's lesser request forTenafly to discontiue receivingtuition students from Englewoodand the Cliffs, leaving thosealready in the midst of theireducational program to continuethrough graduation.

The Tenafly board has gonebeyond its scope to provide theresidents of Tenafly a schoolsystem for their students toreceive a thorough and efficienteducation.

Judge Springer's decision is onfile at the Tenafly public libraryfor anyone to read. They can mendetermine if the Tenafly board isin an untenable position, placingour school system in jeopardy ofregionalization by the highestlevel, the Supreme Court.GEORGE AARONTenafly

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, and TenaYly bourtla of education afe sti l l inthere fighting the school battle.j| '" ~~

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Ini a nutshell," Englewood Cliffs wants to sever its send-ing/receiving contract with Englewood and send itsstudents to Tenafly. Tenafly wants to accept Englewood

.: Cliffs' tuition-paying children, and Englewood wants a.] regional high school. An administrative law judge and the

state education commissioner said no to all three requests,;j[,j but their decisions were definitely victories for Englew-? ood.

Last week Englewood Cliffs decided to appeal, conti-fmiing its quest to sever its contract with Englewood.i> Tenafly, noting Englewood Cliffs' move, also decided to'appeal. Meanwhile, Englewood, not to be outdone,

-I counter-sued and decided to make another bid for region-| alization. The case will go to the state board of education.

Why won't Englewood Cliffs give up the fight? Besidesdefending its original battle cry — education at Englew-ood's Dwight Morrow High School is inferior — schoolboard trustees said two things last week: The state board of.education has been known to overturn the commissioner'sdecisions, and they have $15,000 budgeted for the appeal.Neither reason seems substantive when you examine thereal issue.

What is the school battle all about? Sixty-six percent oftfght Morrow's students are black and 12 percent are' Eighty percent 6f the teenagers at Tenafly High

tare white.

Englewood Cliffs residents can say all they want aboutinferior education and crime at Dwight Morrow, but state ,Education Commissioner Saul Cooperman is right: tobelieve that anything other than race is the motivatingfactor behind the lawsuit is naive.

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It is important to maintain a racial balance at DwightMorrow, and if that means a few Englewood Cliffs andEnglewood parents will be deprived of sending their chil-dren to Tenafly, so be it. Those parents still have the optionof sending their children to a private school or to anotherschool district.

Prejudice is an insidious disease that infects the minds ofyouth and grows with time and age. There is no rationalefor its existence, except for the fears of small-mindedpeople. While it would be just as loathsome to say Englew-ood Cliffs parents do not want their children to attendDwight Morrow solely because of prejudice, that is thepredominant feeling one takes away from this battle. IfDwight Morrow were 66 percent white, would there be alawsuit?

If Englewood Cliffs parents and school board trusteesindeed find the quality of education at Dwight Morrowdeficient, their energy and money would be better spentenriching their children's academic lives, instead of fight-ing a nonsensical battle.

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,I HBP. ENGLEWOOD CUFFS - The

borough board of education isready to chaJlenge the recentdecision of the state commis-sioner of education but with adifferent attorney.

Hie board last week acceptedthe resignation of former stateattorney general John Degnan aslawyer for the case.

Trustees then named attorneyJoel Siegal of the firm Hellring,Lirideman, Goldstein, Siegal andStern to succeed Degnan.

Board of Education PresidentSadri Garakani also announced

to appeal. Comrriissioncr.tSaul |Hm. Cooperman's decision upholdirfg

the 23-year sending/receivingcontract between the district andEnglewood.

The borough school board hasbeen fighting for the right tosever the Englewood contractand send its students to TenaflyHigh School. The board has aJsoproposed having a dual contractwith both schools. The schoolboard will take its case to the stateBoard of Education.

"We want the freedom ofchoice to where we can send ourchildren," Garakani said.

But most board members said

i Degnan's'work on the case.*Thet-'«iattorney has handled the casesince its onset in 1985. Trusteescited, the attorney's charging-thedistrict for conversations withformer board members and news-paper reporters as a reason fortheir dissatisfaction.

For the past three months,Garakini has been witholdingpayment Degnan's fees becauseshe said they were not itemized.

"(Board member Carin)Geiger and Degnan were behindthis fight," Garakani told theaudience. 'The tax payers andthe board members were in thedark. Nothing was shared.

"anytime that you might loseTenafly. This is not a joke. Thisis serious business?"'

Gejger abstained from accept-ing Degnan's resignation andvoted against the hiring of Siegal.

"Clearly, there has beennumerous amount of press on thislitigation," said Geiger who wasboard president in 1985. "Mr.Degnan layed out an excellentbasis for an appeal to the stateboard."

Degnan, who was on vacation,was unavailable for comment.Siegal was also not available forcomment.- - S«e APPEAL, page 1

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Geiger said she was unhappyt losing Degnan, but addedwas looking forward to

Siegle garnering a victory at thestate board. "I hope that the new

' attorney brings this board a8fj victory, she said.

Cpoperman agreed withAdministrative Judge KennethSpringer's ruling that the sever-

, ing of the contract between* Englewood and Englewood

Cliffs would cause a racial imba-lance at Englewood's Dwight

. Morrow High School.All three school boards have

spent more than $3 million on thelitigation. According to all sidesthe cost for the appeal to the Staterm^ . vj « j we oBoard should be minimal

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Newark attorney, Joe) Siegel, has beenhired by the Englewood Cliffs Board of Edu-cation to handle the appeal of an unsuccesfulsuit on tuition schools. The board is appealingthe courts decision to send Englewood Cliffshigh school students to Englewood's DwightMorrow High School .rather than Tenafly.Englewood and Tenafly last Thursday votedto join this borough in its attempt to overturnthe decision.

Last week the Englewood Cliffs board agreedto spend up to $210,000 to take over the casepreviously handled by John Degnan, a formerNew Jersey attorney general, who resignedfrom the responsibility.

The agreement is an attorney fee of $100,000to appeal the case to the state Board of Educa-tion, $90,000 to take it through to the Su-preme Court, and $20,000 for transcripts andother costs.

The Englewood Cliffs suit was rejectedby state Education Commissioner Saul Coop-erman on July 11. Cooperman ruled thatEnglewood Cliffs could not void its 23-yearsending relationship with Dwight Morrow be-cause it would have an adverse effect onracial balance and education at the school.Cooperman also said that Tenafly could nolonger accept high school students from Engle-wood or Englewood Cliffs.

Dwight Morrow is 88 percent black andHispanic and students in both Tenafly andEnglewood Cliffs are predominantly whiteand Asian. Englewood Cliffs has consistentlydenied that race played a part in its decisionto file suit and has said only that it believedthe district's students would receive a bettereducation at Tenafly High School.

Englewood trustees voted to appeal Coop-erman's refusal to order a regionalized high

school that would merge all three districtsunder a single educational system. The pro-posal was made because of declining enroll-ments in the high schools.

Tenafly voted to appeal Cooperman's deci-

sion in an effort to ensure that Englewooddoes not win its plea for regionalization.Tenafly appears not to be concerned abouttrying to overturn Cooperman's decision onthe Englewood Cliffs issue.

Tenafly's resolution stresses the "preser-vation of the quality and integrity of the"education of its students and to exercise itslegal rights to conduct Tenafly'.s educationalprogram."

X X

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'"BNGLEWOOD CLIFFS -<Vhil§ their parents remain bitter,eyeral Englewood Cliffs eighth-TfSera blocked by state Educa-ionA Commissioner Saul Cooper-uui frofli attending Tenafly Highehooi said they don't mind going>|Englewood's Dwight Morrowigh School in September,Seven eighth-graders from En-*'"

glewood Cliffs may attend DwightMorrow, according to PrincipalRichard Segal. The group wouldbe the largest contingent of bor-ough students to enter the cityhigh school in three years, he said.

"J wanted to go to Dwight Mor-row from the beginning, but myparents didn't want me to," saidRenat Yaron, 13. "MJn, sistergraduated from there in 1986, andshe had a good time."

Renat is one of 14 EnglewoodCliffs eighth-graders accepted asprivate tuition-paying students byTenafly in April but forbiddenfrom attending by Cooperman'sruling last week. There were 39students in the eighth-grade classthat graduated in June.

Three of the 14 plan to attendDwight Morrow, with the rest at-tending private or parochialschools, principally Dwight-Engle-wood or Bergen Catholic in Ora-delL Another four who did not ap-ply to Tenafly also will attendDwight Morrow, according toschool officials and fellow stu-

dents. Approximately 13 otherstudents from Englewood Cliffsare already attending DwightMorrow.

In his decision, Cooperman saidEnglewood Cliffs could not severits 23-year sending relationshipwith Dwight Morrow. He alsobanned Tenafly from acceptinghigh school students from Engle-wood Cliffs or Englewood.<t Michelle Yoo, 13, who was ac-cepted at Tenafly, said, "I mightas well make the best of it. I wentfor an orientation at Dwight Mor-row, and it didn't seem like a badschool."

Like several other students, Mi-chelle said she was frightened byclaims of violence at Dwight Mor-row made by Englewood Cliffs' at-torney in the case.

"I heard I'd get mugged, but Italked with some of the seniorsand they said it was totally un-true," she said.

But if some students are san-guine about attending DwightMorrow, several of the parents ofeighth-graders remain adamantly

opposed to their children's attend-ing the school.

"If I have to go to jail, I'll go tojail, but my son's not attendingDwight Morrow," said CeciliaLiss, whose son, Randy, was one ofthe 14 accented ot TU—a- «'.„,„, nuuoo aoa, Handy, was one of

the 14 accepted at Tenafly. Sheaaid she didn't think the schoolwas academically good enough.

She called Cooperman's deci-sion unconstitutional, and said shewould try to send her son to1"Dwight-Englewood. However, shesaid she wasn't sure if she couldafford the $9,250 annual tuition.

Michelle's friend and classmate, "•.Tanya Gapud, who did not applyto Tenafly, said she's heard "nicethings" about Dwight Morrow.Tanya, who was salutatorian ofEnglewood Cliffs' Upper School,said she wants to study creativewriting at Dwight Morrow.

One of the eighth-graders ac-cepted at Tenafly but who will at-tend Dwight-Englewood instead,Robert Ragasa, said he likedDwight Morrow when he toured itduring the school year.

"The only reason I didn't want

to go there was because no one elsewas going," Robert said.

But Raphael Slater, wboaedaughter, Rachel, will attendDwjght-EngJewood or Saddle Riv-er Day School, said Cooperman'sdecision was "purely political."

Slater said his older son re-ceived a fine education at DwightMorrow, where he graduated threeyears ago, but said he feels the

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Dwight Morrow decision is nearENGLEWOOD — The Dwight Morrow High

School pupil transfer case involving Englewood,Englewood Cliffs, and Tenafly could be decidedby state Education Commissioner Saul Cooper-man by Monday, an education official said.

Seymour Weiss, director of the education de-partment's Bureau of Controversies and Dis-putes, said Tuesday that two drafts of the 40-pagedecision have already been completed.

"We're just in the final stages of logistics, typ-ing and that kind of thing," said Weiss, whosebureau advises Cooperman on legal issues.

Cooperman must decide whether to affirm a 2-month-old nonbinding recommendation from an

administrative law judge that Englewood Cliffsstudents continue to attend Dwight Morrow HighSchool in Englewood. Judge Ken Springer alsoruled that Tenafly High School could not acceptstudents from the other two districts, and deniedEnglewood's request for regionalization.

Englewood Cliffs, which has no high school,petitioned Cooperman for the right to send its

/high school students, at taxpayer expense, to Ten-afly instead of Dwight Morrow. Englewood coun-tersued, asking that Tenafly be enjoined from ac-cepting private-tuition students from Englewoodor Englewood Cliffs.

— RON HOLLANDER

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d*! *** ENGLEWOOD — DwightMorrow High School ia mak-ing an active bid to enroll the14 Englewood Cliffs eighth-graders who wanted to go toTenafly High School in Sep-tember but who may be pre-vented from attending by acourt ruling.

Englewood Cliffs schoolboard President Sadri Gara-kani said she didn't mind theoverture, despite -the almost$1.1 million in legal fees thedistrict has spent to let thestudents attend Tenafly HighSchool.

Dwight Morrow Principal

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from Englewood CliffsRichard Segall said hewritten Englewood Cliffs' act-ing superintendent, Nick Ma-mola, asking him for an oppor-tunity to meet with theparents of the 14 eighth-grad-ers.

"I said that we'd like to ad-dress their concerns aboutDwight Morrow 'and havethem meet with myself andanyone else they'd like to, suchas teachers or students," Se-gal! said.

He said he had not contact-

ed the parents directly.The Upper School in Engle-

wood Cliffs, a K-8 district, isgraduating between 80 and 90eighth-graders this month. Ofthat number, 14 were acceptedas private, tuition-paying stu-dents at Tenafly.

But in April, an administra-tive'law judge said Tenaflycould not accept anymore stu-dents from Englewood Cliffsor from Englewood.

Lawyers for EnglewoodCliffs contended that the 14

., ,1 werevnot^covered by the deci-sion because they were accept-ed at Tenafly prior to the ,judge's ruling. \e lawyers petitioned state ,

Education Commissioner SaulCooperman to make an earlyruling on their case, but lastweek Cooperman said he jwould decide that question 'when he decides early nextmonth on the full petition byEnglewood Cliffs. ,

The borough wants to with- 'draw its high school studentsfrom Dwight Morrow andsend them instead to Tenafly.

Parents of the eighth-grad-ers have protested at recent ;Englewood Cliffs school board

See DWIGHT Page 3

DWIGHT MORROW: RecFrom DWIQMT MORROW Page 1

meetings, saying their children arein limbo because it is now too lateto apply to private schools if Coo-perman keeps them from attend-ing Tenafly.

Segall said five eighth-iSegall said five eighthwho live in Englewood Cliffs have

, registered to attend Dwight Mor-• row as of Thursday, but he did notI know if any of those students were] among the 14 already accepted at| Tenafly.j There are currently 21 students; from Englewood Cliffs at Dwighti Morrow. Eight of them are sen-iors.

Segall said the parents of two

other Englewood Cliffs eighth-graders have also contacted him

toured the school.

students

_.. uuiu oiio ttua am aearaof Segall's letter to Mamola, butshe thought it was "a good thing tolet parents see for themselves."

"We shouldn't just blindfoldourselves and say, 'Oh, no, I won'thave anything to do with DwightMorrow,' " Garakani said. "It'sbeen our public school for years. Ifparents go there and find they canget a good education for their chil-dren, then sure, they should go."

Garakani's comments contra-dicted many of the argumentsraised by the borough in its case.Lawyers said students could not

get a good education at DwightMorrow.

Mamola said Monday he hadn'tyet received Segall's letter but thathe was open to his proposal, "aslong as it doesn't stand in the wayof anything that the board is do-ing."

"If it benefits the children in-volved, it would be good," he said.m a. « » • ~f*»rou, i>, wuuiu oe good," fte said.

Tenafly Schools SuperintendentGerald DeGrow sounded a similarnote, although his district wouldlose about $85,000 in private tu-ition fees if the 14 students attendDwight Morrow.

"If they [the eighth-graders] feelthey can get a better deal some-where else, go to it," DeGrow said.

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To appeal ornot; Tenaflytotes toniht

By John H. kuhnRecord Staff Writer

TENAPLY — The Board ofEducation is holding an emergen-cy meeting tonight to decidewhether to appeal the recent stateEducation Department decisionthat Englewood and EnglewoodCliffs students can no longer at-tend Tenafly High School as tu-ition-paying students.

Schools Superintendent GeralcDeGrow said the board will closethe meeting for discussion of thelitigation but open it for the vote.

State Education CommissionerSaul Cooperman ruled this monththat Englewood Cliffs cannot endits sending relationship withDwight Morrow High School inEnglewood and instead send stu-dents to Tenafly High School.

In the decision, Cooperman re-jected Englewood Cliffs' argumentthat better educational quality atTenafly — not the racial makeupof Dwight Morrow — motivatedthe suit.

The Englewood Cliffs schoolboard has decided it will appealthe decision.

Tenafly board members are di-vided about an appeal. Some resi-dents have urged the board not toappeal for fear of producing a

I forced regionalization.- Board attorney James Roth-- schild has estimated an appeal will5 cost $15,000, compared to Tenaf-1 ly's more than $1 million in legalI fees.

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CliffsTe.A.<r^-tf

sending-receiving relationships."The decision forbids Englewood Cliffs par-

ents to send any more students to Tenafly asprivate, tuition-paying students. Sixty-eightsuch students are to attend Tenafly HighSchool in September, each paying $5,990 tu-ition. A like number attend private schools,and only 18 attend Dwight Morrow, which isfree to them.

Englewood parents also may not send stu-dents to Tenafly.

The decision, which affirms the recommen-dation, issued in April, of Administrative LawJudge Ken Springer, strengthens the state'spresent 187 sending-receiving relationships,educators said, especially between districtswhere there is a racial disparity.

In similar conflicts, Bradley Beach and Bel-mar are trying to withdraw from the predomi-nantly minority Asbury Park district, and in aSouth Jersey dispute, Merchantville wants toleave Penns Grove.

Cooperman also denied Englewood's requestto create a regional high school district withTenafly and Englewood Cliffs.

And he said that Englewood Cliffs cannothave a dual sending-receiving relationship withboth Englewood and Tenafly.

Any part of Cooperman's decision can beappealed to the state board within 30 days.There is no time limit for the state board torule on an appeal. Education officials said it isnot uncommon for the board to take a year todecide a case. The case could be further ap-pealed in the state court system.

If an appeal were filed, a stay of Cooper-man's decision could be sought by any of thedistricts.

The debate over whether to appeal the deci-sion began immediately.

Tenafly board President Janet Ginsburgsaid, "We're not a pugnacious board. We're notgoing to go down fighting to the end. I'm notsure we'll appeal."

Englewood probably will appeal the portion/

that rejects a regional school district,"!Englewood's attorney, Arnold Mytelka. * 2

But Englewood board President Alice Peterssaid she didn't know: "I haven't seen the deci-sion, but from what the attorneys have told nie,I couldn't be happier." '

Tenafly got about 20 new students annuallyfrom Englewood and Englewood Cliffs. In fouryears, their absence will cost the district mofrethan $400,000 a year in lost tuition fees. SchrfolSuperintendent Gerald DeGrow said the dis-trict will have to make up for the shortfall bysome combination of cutting the budget, rais-ing taxes, and cutting staff and programs.

Cooperman also denied a request by Engle-wood Cliffs to allow 14 eighth-grade studentsaccepted by Tenafly before Springer's ruling toattend in September.

The action will have cost the three districts$3,859,600 through next June, the largestamount ever spent on such a case.

Record Staff Writers Jean Rimbach and JohnH. Kuhn contributed to this article. •• •

|4x<.^c-f 1Ron HflllMKMr

eiaffWfltifr

H im *i f*t V* A

K1QS U

In a resounding affirmation of the impor-tance of integration in public schools, stateEducation CammiBSionet Saul Coopermanon Tuesday denied Englewood ChW bid topull ite etudente from Englewood'e DwightMorroW High Softool and eend them to Ten-afly instead. ^ , .

The Englewood Cliffs and Tenafly schoolboards haven't decided whether they willappeal the decision, but several trustees saidthey'oppttse upending any more money onthe dispute, The three-year battle has cost*he three distriete almost $4 million.

"I would flat epend even one more penny_

I! Englewood Cliffs trusteesdivided on appealing decision. A-7

on it," said Englewood Cliffs board Presi-dent Sadri Garakani, adding that she wasexpressing only her 6>>'*; opinion and not;speaking for the board.

Cooperman's 47-page decision was hailedby some education experts for its strongsupport of integrated education.

In the decision, Cooperman rejected En-glewood Cliffs' arguraent that better educa-tional quality at Tenafly — not the racialmakeup of Dwight Morrow — motivatedthe suit. : ._ .._____

"No one could seriously believe that racialprejudice and circumvention of integrationis not at play in this case," Cqopennanwrote. /

He wrote that although "painfully few, white students remain" at Dwight Morrow,Jiheir aksence still could have a "significant/ negative impact on racial composition."

Englewood Cliffs students attendingDwight Morrow number fewer than 20 butare 16 percent of the white population there.

Dwight Morrow is 88 percent black andHispanic. Most of Englewood Cliffs' stu-dents are white and Asian, like TenaflyHigh School's population. Englewood Cliffs

•*#'

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By Ron HollanderRecord Staff Writer

ENGLEWOOD - DwightMorrow High School is mak-ing an active bid to enroll the14 Englewood Cliffs eighth-graders who wanted to go toTenafly High School in Sep-tember but who may be pre-vented from attending by acourt ruling.

Englewood Cliffs schoolboard President Sadri Gara-kani said she didn't mind theoverture, despite "the almost$1.1 million in legal fees thedistrict has spent to let thestudents attend Tenafly HighSchool.

Dwight Morrow Principal

•1>

14 eighth-gradersfrom Englewood CliffsRichard Segal! said he haswritten Englewood Cliffs' act-ing superintendent, Nick Ma-mola, asking him for an oppor-tunity to meet with theparents of the 14 eighth-grad-ers.

"I said that we'd/like to ad-dress their concerns aboutDwight Morrow • and havethem meet with myself andanyone else they'd like to, suchas teachers or students," Se-gall said.

He said he had not contact-

ed the parents directly.The Upper School in Engle-

wood Cliffs, a K-8 district, isgraduating between 80 and 90eighth-graders this month. Ofthat number, 14 were acceptedas private, tuition-paying stu-dents at Tenafly.

But in April, an administra-tive law judge said Tenaflycould not accept anymore stu-dents from Englewood Cliffsor from Englewood.

Lawyers for EnglewoodCliffs contended that the 14

were not covered by the deci-sion because they were accept-ed at Tenafly prior to thejudge's ruling. \e lawyers petitioned state

Education Commissioner SaulCooperman to make an earlyruling on their case, but lastweek Cooperman said hewould decide that questionwhen he decides early nextmonth on the full petition byEnglewood Cliffs.

The borough wants to with-draw its high school studentsfrom Dwight Morrow andsend them instead to Tenafly.

Parents of the eighth-grad-ers have protested at recent v

Englewood Cliffs school boardSee DWIGHT Page 3

DWIGHT MORROW: Recruiting studentsFrom DWIQHT MORROW Page 1

meetings, saying their children arein limbo because it is now too lateto apply to private schools if Coo-perman keeps them from attend-ing Tenafly.

., Segall said five eighth-graders! who live in Englewood Cliffs have

registered to attend Dwight Mor-row as of Thursday, but he did notknow if any of those students were

; among the 14 already accepted atI Tenafly.

There are currently 21 studentsfrom Englewood Cliffs at DwightMorrow. Eight of them are sen-iors.

Segall said the parents of two

other Englewood Cliffs eighth-graders have also contacted himand toured the school.

Garakani said she had not heardof Segall's letter to Mamola, butshe thought it was "a good thing toi«+ «„«.»*+<, aee for themselves."

"We shouldn't just blindfoldourselves and say, 'Oh, no, I won'thave anything to do with DwightMorrow,' " Garakani said. "It'sbeen our public school for years. Ifparents go there and find they canget a good education for their chil-dren, then sure, they should go."

Garakani's comments contra-dicted many of the argumentsraised by the borough in its case.Lawyers said students could not

get a good education at DwightMorrow.

Mamola said Monday he hadn'tyet received Segall's letter but thathe was open to his proposal, "aslong as it doesn't stand in the wayof anything that the board is do-ing."

"If it benefits the children in-volved, it would be good," he said.

Tenafly Schools SuperintendentGerald DeGrow sounded a similarnote, although his district wouldlose about $85,000 in private tu-ition fees if the 14 students attendDwight Morrow.

"If they [the eighth-graders] feelthey can get a better deal some-where else, go to it," DeGrow said.

T

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TENAFLY - After submittinghis resignation,, school trusteeJames Byrne angrily stalked putof a borough board of educationmeeting last week.

Byrne said he resigned fromthe board to protest its decision toappeal state Education Commi-sioner Saul Cooperman's rulingthat upheld the sending/receivingcontract between Englewood andEnglewood Cliffs.

"The board has chosen toimplement a policy that is clearlyagainst the public good andagainst the wishes of a majority

of the people in Tenafly," saidByrne.

Byrne said an appeal couldincrease the chances of a regionalhigh school for the threecommunit ies because theEnglewood Cliffs board, whichhas opposed the issue, couldchange its mind in the long run.

But Board President JanetGinsburg said pulling out of thecase could cause the other districtto opt for a regional high school.

"We don't want an adversarialrelationship between communi-ties," said Ginsburg. "They area neighboring district and theycould turn around and be veryinterested in regionalization."

Byrne said several trustees feltuncomfortable with the decisionto appeal. This was obvious, hesaid, when trustees kept re-wording the resolution in aneffort to omit mention of thetuition paying students.

"If the board wishes to foolitself, that is one thing. However,when a resolution is worded tomask its true intent from thepublic, it is deceiving the peoplewho elected it," said Byrne.

"1 think he could have betterserved his positon if he hadstayed on the board," said Gins-burg.

See BYRNE, page 6

6 • The Suburbanite Newspapers-Wednesday August 3,1988

Byrne resigns from board to protestContinued from page 1Ginsburg said the board had to

appeal in order to keep theiroptions open. According to Gins-burg, last Tuesday was the dead-line to appeal.

"If we didn't decide by todaywe'd loose our. rights," saidGinsburg. "We can always takethings back."

Cooperman ruled last monththat Tenafly could no longeraccept tuition-paying students

from Englewood and EnglewoodCliffs. The Englewood Board ofEducation decided to appeal thedecision two weeks ago becauseof Cooperman's denial of itsrequest for a regional high schoolfor all three communities.

Some residents, however,were not convinced that theboard's intentions were in theirbest interest.

"Cooperman did not concurand therefore our obligation to

Englewood Cliffs is over," saidSylvia Sunshine. "You don'ttouch Englewood Cliffs studentswith a lO-foot-pole if you'resmart. The town is in an uproarand the people w a n t th isstopped." Sunshine said theborough was spending money"foolishly."

According to Schools Supt.Gerald DeGrow, the litigationhas cost the borough $750,000.The appeal will cost an additonal

$15,000."As a good business man —

and I think that 1 am — I'd spendan extra $25,000 to defend ourstudents," said DeGrow. "As aprofessional, I've listened to allarguments and 1 feel that we mustdefend the position of ourstudents. We frankly think anaggressive stance is better thanthrowing in the towel,"

Trustees said they were in theprocess of preparing a flier

explaining their decision to resi-dents.

Board member Jul ius Barbproposed the board rescind theac t i on to a p p e a l . "Theemergency meeting did not giveus enough time to pause andreflect," said Barb.

The board held off on Barb'sresolution because many trusteeswere absent from last week'smeeting. Trustees agreed to bringup the resolution at their nextmeeting in September.

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Litigation has costclose to $4 millionBy Ed Kensik

riter

price tag of the disputeamong die Englewood, Englew-ood Cliffs, and Tenafly schoolboards is aearing the $4 millionmark as the case heads toward thestate Board of Education in thethird round of the sending/receiving contract fight.

State Education Commis-sioner Saul Cooperman reiteratedAdministrative Law JudgeKenneth Springer's ruling whichupheld the sending/receivingcontract between Englewood andEnglewood Cliffs and prohibitedTenafly from accepting tuition-paying students from the twodistricts.

The three school boards havespent a total of $3,376,598 inlegal fees.

Englewood has been thebiggest spender in the fight,spending $1 ,507,389 through themonth of June.

Englewood Schools Supt.Larry Leverett said bills for Julyare expected to be approved laterthis month or the next.

The Englewood Cliffs schoolboard changed its attorney in the

middle of the fight after a disputeover attorney John Degnan'sbilling practises. Trustees hiredattorney Joseph Siegal of the firmHeUring, Lindeman, Goldstein,Siegal and Stern.

From December 1985 to Juneof this year, Englewood Cliffshas spent $1,082,283.

"We spent $1.1 million fornothing," said Board of Educa-tion President Sadri Garakaniabout the board's defeat. "We'reback where we started."

Englewood Cliffs allocated$90,000 for the appeal to the stateboard. Appeal to the stateSupreme Court would cost$110,000 with an additional$20,000 for incidentals.

Englewood Cliffs budgeted$80,000 for the fight in the1988-89 school year. Tenaflybudgeted $175,000, and Englew-ood set aside $200,000.

School officials in all threetowns said the do not know howlong an appeal to the state boardof education will take. Unlike theeducation commissioner, thestate board has no deadline tomeet when making its decision.

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._0. ~..x^»iuu, ine Doard must_, i . seek a higher and more binding(jinSDUrq explains judgment through the appeal,p ^ y, , process.

" A single appeal on regionali-zation would weaken the board'slegal position. The board candrop any portion of this appeal inthe future. But if it does not

tion on the lawsuit that was insti-tuted by the Englewood SchoolDistrict in 1985.

Both Englewood and Englew-ood Cliffs have decided to appealthe decision of state EducationCommissioner Saul Cooperman.Specifically, it is Englewood thatis continuing this lawsuit byappealing the decision againstregionalization. As a result, theTenafly board has no choice butto con t inue to defend itscommunity school system. Itsappeal (which will cost approxi-mately $15,000) signals to thestate Board of Education thatTenafly continues to care aboutthe final outcome of this case. Ifthe board of education fails to *,, Uvuun win best serve theappeal it gives up its right to be Tenafly schools and community,represented by counsel. In order JANET GINSBURGto forestall future demands for Presidentregionalization, the board must 'r'n " **seek a h i h e r

. . V^—w-

appeal all elements of the deci-sion, it forfeits its right to defendTenafly on these issues.

Since November 1986 theTenafly Board of Education hassought to settle this case. Itcontinues to seek commonground for agreement with bothEnglewood and EnglewoodCliffs.

The board's decision to pursueits defense through the appealprocess came after full analysisof the options and after extensivediscussion and debate, i tcontinues to explore all avenuesthat may lead to an acceptablese t t l emen t . The board isconvinced that its present courseof action will best serve theTenafly sch°Ie "*••* —JANET GIPresidentTenafly Board of Education

' \\t

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.MiaHam**

yiwifit' '

^Ciiffs*asks*C6operman to allow them to attend TenaflyBy Ed Kensik . . ^ sion) to tne state board of d „ __

I T^7 »:»». »»

m.

A^A^VJJ^LJ T» \J\JLS i*i*ir.FS - Jheborough board of education, willask the state education commis-sioner to reconsider allowing 14eighth graders from the district toattend Tenafly High School in thefall.

The board will file for a stay onpart of State Education Commis-sioner Saul Cooperman's deci-sion last month that upheld the

I sending/receiving contracth l> t \U A » 1"» Kr»r»l.*«».~~'l J

_0,_..,—, *h**A«*U. q^fc/wf/ermajialso ruled that Tenafly High

j School could no longer acceptnew students from EnglewoodCliffs or Englewood,

"We will be appealing withthe commissioner on only that

< part of his decision," said schoolboard attorney Joel Siegal. "If hedenies the stay, we do not intendto appeal (that part of the deci-

The state board will meet nexton Sept. 7. "It would not bepractical to appeal (to the state),and keep the children fromschool," Siegal explained.

Before Cooperman's rulingwas made public in July, schooltrustees told parents of the eighthgrade graduates who wereenrolled at Tenaflu High Schoolto make other/arrangements forschool.

Since then, some students—-have enrolled at Dwight Morrow

High School, Englewood'spublic high school. Others madeplans to attend Dwight-Englew-pod, a private co-ed high schoolin Englewood; Bergen Catholic,a boy's high school in Oradell;and Academy of Holy Angels, agirl's high school in Demarest.

After Englewood Cliffs filesbriefs for the stay, Englewoodwill file counter briefs and Siegal

said it would be near the end ofthe month before Coopermanmakes his decision. .

Sadri Garaltani

Siegal, who was recently hiredto handle the sending/receivingcase, replaces attorney John j,Degnan who had held the case for wthe borough since its inception in1985.

The school board last month $.decided to appeal Cooperman's 1ruling with the state board ofeducation. Within days of thedecision to appeal, trusteesaccepted Degnan's resignation •and hired SiegaJ to take over thecase.

Board President Sadri Gara-kani had been withholdingpayment from Degnan because,she said, his bills were not item-ized. Trustees complained aboutDegnan's practise of charging thedistrict for time he spent talkingwith reporters about the case.

,»s»v •>;•',.

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Geiger defendsjiffs' position

Editor:Contrary to the obligation of

concerned parents, state Educa-tion Commissioner Saul Cooper-man has decided that high schoolchildren must settle for a schoolwhich provides only a "goodsolid education which more thanadequately prepares them forcollege."

Hie commissioner has alsoprohibited parents from person-ally paying tuition to the better ofthe two schools, a right that theyhave enjoyed for almost fiveyears, with the full knowledgethat his prohibition will not resultin the return of most of the chil-dren to public education, butrather to its abandonmententirely.

Commissioner Cooperman hascouched his ruling in the greaterpublic policy of integration. Heignores the fact that Englewood,an affluent and integratedcommunity which is clearlydistinct and separate fromEnglewood Cliffs, has schoolswith a precarious racial balanceonly because it has been aban-doned by its own residents.

The Englewood Cliffs Boardof Education and the EnglewoodCliffs community are not raciallymotivated in seeking terminationof its relationship with Englew-ood. Only Englewood hasconsistently attempted to makemis case about race.

I believe strongly in integra-tion. As a parent and a boardmember, however, I will notcompromise either the educationof my own children or that of thechildren of my communitybecause another community, arelatively affluent and integrated

community, has failed to attendto and maintain the quality of itsown schools. I want the bestpublic education possible. Ourchildren deserve it.

CABIN GEIGEREnglewood Cliffs

, -••**

«,vlft

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Gihsburg explainsTenafly's position_ 4fUfc*HW:\-C sfMl$&Dear Ealfor: «//*y<9*

The Tenafly board of educa-tion would like to clarify its posi-

tion on the lawsuit that was insti-tuted by the Englewood SchoolDistrict in 1985.

Both Englewood and Englew-ood Cliffs have decided to appealthe decision of state EducationCommissioner Saul Cooperman.Specifically, it is Englewood thatis continuing this lawsuit byappealing the decision againstregionalization. As a result, theTenafly board has no choice butto continue to defend itscommunity school system. Itsappeal (which will cost approxi-mately $15,000) signals to thestate Board of Education thatTenafly continues to care aboutthe final outcome of this case. Ifthe board of education fails toappeal it gives up its right to berepresented by counsel. In orderto forestall future demands forregionalization, the board mustseek a higher and more bindingjudgment through the appealprocess.

A single appeal on regionali-zation would weaken the board'slegal position. The board candrop any portion of this appeal inthe future. But if it does not

• „

appeal all elements of the deci-sion, it forfeits its right to defendTenafly on these issues.

Since November 1986 theTenafly Board of Education hassought to settle this case. Itcontinues to seek commonground for agreement with bothEnglewood and EnglewoodCliffs.

The board's decision to pursueits defense through the appealprocess came after full analysisof the options and after extensivediscussion and debate. Itcontinues to explore all avenuesthat may lead to an acceptablesettlement. The board .isconvinced that its present courseof action will best serve theTenafly schools and community.JANET GINSBURGPresidentTenafly Board of Education

I \l

^-

^r

I

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Byrne explainshis resignation

little room for dissent. The voteto appeal was the last straw. Itbecame apparent to me that Icould accomplish more by work-ing from the outside.

There are two objectives.First, the appeal is not a deadissue. The board can withdraw it.any time and send a message to'the New Jersey Board of Educa- :tion that, for its part, Tenafly iswilling to abide by Commis-sioner Cooperman's decision. To

Dear Editor- achieve that end the people ofI found the observations ofel. Tenafjv «*°.m °PP°sed to *e

Janet Ginsberg, president of the^ *&¥* wdl have ^ make theirTenafly board of education, that t<fe^/a2S ^OWD to *e k""1- ft"would have better served my Wl" W"f « effort °J theposition if he (I) had stayed on the \e of that mounted overBoard" and the suggestion hat*X*eProPosedtransferstatIon'andby resigning I have lit down the ** I am prepared to assist in any waypeople who supported me ofinterest. I

Mrs. Ginsberg's latter point is •*one of the few credible state-ments to come from the board.since its ill-advised appeal of the

0 state Education Commissioner's

iDie.Second, the performance of

the administration and the boardon the litigation and other matterscalls for public scrutiny anddebate and I intend to play anactive role in that regard between

ruling in Tenafly's lawsuit with 5nf* ""? *!f T^^ "dlD?Englewood, but is a matter that -C *«"?ffl %** when four seats

*-? _ * _ \* rn*\e*ai f& nJtff f i«r*c«_

caused me concern in arriving atmy decision. I suspect that thiare some who are disappointed Ichose to leave the board, just asthere are some who believe I didthe right thing and still otherswho couldn't care less.

Basically my decision toresign came down to the fact matit was becoming increasinglyfrustrating to deal with an admi-nistration and a board that allows

(including those of Mrs. Gins-berg, Dr. Haft and Dr. Ryder)will be at stake.JAMES H. BYRNETenafly _

.,1

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•••«;

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Englewood fights stay of Cooperman rulingBy Ron Hollander

• Record Staff Writer

ENGLEWOOD — Racial preju-dice would be rewarded if Educa-tion Commissioner Saul Cooper-man let 14 Englewood Cliffseighth-graders attend TenaflyHigh School, lawyers for Engle-wood argued in papers filed Mon-day in Trenton.

•Englewood Cliffs has askedCooperman to stay his decision tobar the students from Tenafly, atleast until the state Board of Edu-cation hears an appeal of the case.That could take up to a year, edu-cation officials have said.

In the papers filed Monday, En-glewood argued against Engle-

wood Cliffs' motion for a stay ofCooperman's decision. Englewoodalso asked for the full minutes of aclosed Englewood Cliffs schoolboard meeting in which the boardpresident described the case as "aracial issue."

'The case started when Engle-wood Cliffs sought to withdraw itshigh school students, who aremainly white and Asian, fromEnglewood's Dwight Morrow HighSchool, which is largely black andHispanic. The borough wanted tosend them instead to Tenafly HighSchool, which is 98 percent whiteand Asian. Englewood Cliffsdoesn't have a high school andsends its students to Dwight Mor-row at public expense.

In July, Cooperman denied that

:•-•,•;»-jS-'jK

request and forbade Tenafly to ac-cept high school students from ei-ther Englewood Cliffs or Engle-wood, even if the students paidtuition.

Englewood's attorney, ArnoldMytelka, wrote in his 28-pagebrief, "To grant this stay to theEnglewood Cliffs board, after find-ing that its suit is motivated, atleast in part, by racial prejudice,would be to reward and facilitateracial prejudice."

Mytelka referred to Cooper-man's July decision, which said ofEnglewood Cliffs' suit, "No onecould seriously believe that racialprejudice and circumvention of in-tegration is not at play in thiscase."

' IF

^ .,- i

Mytelka also asked for access tothe full minutes of a closed Engle-wood Cliffs school board meetingheld July 15, in which board Presi-dent Sadri Garakani said of thesuit, "We know this is a racial is-sue."

Mytelka said that since portionsof the minutes were reported inThe Record last month, they had.lost their privileged status.

"They are highly- relevant tothis case and to this motion," My-telka wrote in his brief. In an in-terview Tuesday, Mytelka said hewas not sure he would move tohave the minutes added to therecord of the case, but he wantedto examine them.

Joel Siegal, attorney for Engle-wood Cliffs, said he would not re-lease the minutes and there was"no legal basis whatsoever for re-questing them."

Siegal said Mytelka's requestwas "an effort to sensationalizethe litigation and to keep alive theso-called racial issue."

Mytelka responded that Coo-perman had cited the racial issuein his decision.

Garakani said the minutes weregiyen to The Record "illegally."

Whatever was in the paper ispast," she said, "but I would fight300 percent releasing anythingmore."

Siegal has until Sept. 23 to filehis full appeal of Cooperman's de-cision with the state Board ofEducation.

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a

Editor, The Record:. The headline "Kids deserve anA-f education" (The Record, Aug.8) could not have phrased betterwhat we believe in and are workingtoward in the Englewood publicschools. However, what Carin Gei-ger, whose letter appeared underthat headline, thinks is an "A 4-education" is very different fromwhat I — and many others in bothher community, Englewood Cliffs,and mine — believe.

Mrs. Geiger continues to misin-terpret, misuse, or ignore facts inher ongoing campaign to imposeher opinion that quality educationcan be obtained only in a schoolthat is ethnically and socioecono-mically limited, and that the "besteducation" cannot occur in thefine, multicultural environmentthat is Dwight Morrow HighSchool.

State Education CommissionerSaul Coopennan's decision, withwhich she disagrees, was an affir-mation of an administrative lawjudge's thorough examination of

&OT1CE TO

The Record welcomes letters fromreaders. Ptease sign your name forpublication and @ve a complete ad-dress and telephone number throughwhich the tetter can be verified. Thestreet address and telephone numbsrwill not be pubSshed. but the town oforigin will. Vfe are unable to publishopen tetters or tetters sent to otherpublicatiors. The Record reserves theright to condense and edit letters. Vteregret that we cannot acknowledgeunused ones. All letters should be ad-dressed to: Letters to the Editor. TheRecord, 150 River Street. Hacten-sack, NJ. 07601.

the quality of education in DwightMorrow High School. Mr. Cooper-man specifically states, "It is clearfrom the record that this case hasbeen heavily immersed in an effortto cast Dwight Morrow HighSchool as an inferior school, notworthy of its students. It is equally-clear that the record does not sup-port this position."

In fact, the phrase that Mrs.Geiger harps on — "more thanadequate" — is taken out of con-text and misused. The full sen-tence from the commissioner's de-cision is: "That its [DwightMorrow's] programs and goals dif-fer from Tenafly's is not a sign ofinferiority or inability to provide amore than adequate program forits college-bound student popula-tion, which is obviously a concernof the Englewood Cliffs Board."

Also, despite her continuingclaim that the Englewood CliffsBoard of Education and the En-glewood Cliffs community (pre-sumably meaning those who still -«—support her views) are not racially !motivated, Mr. Cooperman says, /'"It is naive to suggest that racial.considerations are not implicat-ed..." ' :

Furthermore, The Record has \d statements made by the

president of the Englewood Cliffsschool board acknowledging thatthe suit was racially motivated.

Mrs. Geiger's citation of theHigh School Proficiency Testscores shows her misunderstand-ing of the purpose of that test andof the totality of a high school edu-cation. The test scores merely re-Sect a base-line position near thebeginning of high school concern-ing minimal competency. They inno way are a reflection of what hashappened to those students by theend of high school.

Dwight Morrow High School is

and will continue to be an aca-demic environment that seeks loprovide the best education possi-ble for all of its students, regard-less of their cultural, socioeconom-ic, or educational backgrounds.The efforts of Mrs. Geiger and hersupporters, on the other handthave resulted in draining thus farapproximately $4 million of scarceschool funding for ongoing litiga-tion, the resignation of an electedschool-board member, and seriousdivisions among the citizens of atleast three communities.

We in Englewood are proud ofour students and those from En-glewood Cliffs who have ignoredrumors to join in the many suc-cesses that have been achieved atDwight Morrow in recent years. -

Englewood has a high schootthat can provide an excellent, all-around education.

MICHAEL J. PASSOWEnglewood

I Hji'

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J-Tf--^- .-..--^,-T, _^ -

Kids deserve an A+ educationEditor, The Record:

As a member of the EnglewoodCliffs Board of Education, I be-lieve that one of our primary re-sponsibilities to" the youth of todayis to give them the opportunity forthe finest education.

I had believed, until Commis-sioner Saul Cooperman's recentruling, that he too was committedto that goal. On July 11, however,Commissioner Cooperman ruledthat Englewood Cliffs cannot ob-tain the best possible public edu-cation for its high-school-age stu-dents.

Commissioner Cooperman hasdecided that the high-school-agechildren of our community mustsettle for a school that providesonly a "good solid education whichmore than adequately preparesthem for college" instead of onewhich even he finds provides "amore suitable academic programfor most college-bound Cliffs' stu-dents."

The fact that the commissionerfinds Dwight Morrow to have a su-perior currieulm to that of Tenaflyin the area of vocational careers isnot a compelling reason for Engle-wood Cliffs to continue the rela-tionship. Approximately 96 per-cent of our students are college-

bound. WLA0UJ! $ <PThe commissioner has also pro-

hibited parents from personallypaying tuition to the better of thetwo schools — a right that theyhave enjoyed for almost five years— knowing that his prohibitionwill not result in- the return ofmost of the children to public edu-cation, but rather to its abandon-ment entirely.

Commissioner Cooperman hascouched his ruling in the greaterpublic policy of integration. He ig-nores the fact that Englewood, anaffluent and integrated communi-ty that is distinct and seprratefrom Englewood Cliffs, hasschools with a precarious racialbalance only because the schoolshave been abandoned byEnglewood's own residents.Helooks to Englewood Cliffs to do forEnglewood, what Englewood hasnot done for itself.

The Englewood Cliffs Board ofEducation and the EnglewoodCliffs community are not raciallymotivated in seeking terminationof the relationship with Engle-wood. Only Englewood has consis-tently attempted to make this acase about race. In order to maskits own failures, it has resorted toattacks on the motives of others.

This case is solely about qualityeducation. The High School Profi-ciency Test scores that were justreleased confirm the vast differ-ences between Englewood andTenafly — Englewood's scores areonce again virtually at the bottomof Bergen County while Tenafly'sare near the top.

I believe strongly in integration,as a parent and a board member.But I will not compromise eitherthe education of my own childrenor that of the children of my com-munity because another commu-nity, a relatively affluent and inte-grated community, has failed tomaintain the quality of its ownschools.

New Jersey's laudable policyagainst discrimination in educa-tion is not a license to provide sim-ply a more than adequate educa-tion. More than adequate is not

good enough. I want the best pub-lic education possible. Our chil-dren deserve it.

CABIN GEIGEREnglewood Cliffs

The writer is a member of theEnglewood CliftMlpard of Educa-tion.

I

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By Bill Sendsrscn> Record Staff Writer

THURSDAY, SEPTEMBER 8, 1988

Hie Record sues

The Record has gone to court toobtain documents showing thecosts of administrative law hear-ings in which Engiewood Cliffssought to transfer its high schoolstudents from Engiewood to Tena-fly.

A suit Sled Wednesday in Supe-rior Court in Hackensack asksthat the Tenafly and Engiewoodboards of education provide thenewspaper with detailed copies oflegal bills and other information"bout the costs of the hearings.

Engiewood Cliffs officials volun-tarily provided the information,the complaint says. But TenaSyand Engiewood officials declinedon the grounds that it would vio-late the confidentiality of their re-lationships with their lawyers.James S. Rothschild Jr. is Tenaf-iv*8 lawyer, and Arnold K. Mytelkarepresents Engiewood. Mytelkadeclined to comment, as did amember of Rothschild's firm.

David Hall, editor of TheRecord, said the public deserves abetter accounting of the $4 million

in legal costs incurred by the threeschool districts.

"This is an extraordinary legalbill in terms of money run up attaxpayer expense," Hall said."There has only been a superficialaccounting to these people [tax-payers] as to why that much mon-ey was spent on this cause, andhow it was spent."

After three years of legal battle,Engiewood Cliffs lost its suit inJuly when state Education Com-missioner Saul Cooperman ruledthat Tenafly High School couldnot accept tuition-paying studentsfrom Engiewood or EngiewoodCliffs.'Coopennan's ruling noted that

"racial prejudice and circumven-tion of integration" figured in En-giewood CfinV attempt to with-draw its students from thepredominantly black Dwight Mor-row High School in Engiewood.

All three municipalities are ap-pealing the decision: EngiewoodCliffs still wants its students to goto TenaSy High, while Engiewoodwants the state to consider estab-lishing a regional school districtfor the three towns, which Tenaflyopposes.

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m

High school regionalization isnot a new topic, but one that hasresurfaced as several communi-ties consider the idea.

With the recent sending/receiving litigation betweenEnglewood, Englewood Cliffs

, and Tenafly making headlines,other local school districts arequestioning whether regionali-zation could work for them.

I In the recent litigation involv-ing Englewood, EnglewoodCliffs and Tenafly, Englewoodhas supported regionalizing the

; three districts while Tenafly hasbeen a staunch opponent of theplan.

"We can run the schools forhalf the money and have a fullcurriculum which includes moreadvanced courses ," saidEnglewood Board of EducationTrustee Russell Major. "Themajority of the schools do not.have some of the advanced place-ment courses because they can'tafford it."

Nonetheless, AdministrativeLaw Judge Kenneth Springerruled against the regionalizationand State Commissioner ofEducation Saul Coopermanagreed.

In rejecting the proposedregionalization, Cooperman saidonly three circumstances wouldwarrant regionalization. "Asingle community exists between(or among) the districts in ques-tion (Tenafly, Englewood andEnglewood Cliffs); regionaliza-tion is entirely reasonable, feasi-

ble?-and workablefand regionali-zation can be accomplished"without any practical upheav-als."

Rothschild, the attorney repre-senting Tenafly, said both highschools have good education thatwould be harmed if they wereregionalized. "The chance is100-1 that the regionalizationdistrict will work," he said. "Itdoesn't make any sense to puttwo school districts that are doingwell and that an outside chance itwould work."

Both Tenafly and Englewoodhave watched their school enroll-ment drop steadily sinced 1983.Tenaf ly had 925 s t u d e n t senrolled at the high school in1983. Last year the enrollmentdropped to 891. Englewood hasbeen dropping district wide witha student population in the 1983-1984 school year of 2,825. Lastyear it dropped to 2,422. AlsoDwight Morrow High School hasseen its enrollment drop from1,008 in 1983 to 726 last year.

Leonia School Supt. FrankMarJow said there was talk of thedistrict combining with Bogotaabout 10 years ago, but nothingcame of it.

He said the idea came up againfour years ago when he and theschool superintendent of Pali-sades Park discussed the possi-bility of combining high schoolfacilities. One high school wouldbe academic, while the otherwould be vocational.

"That idea didn't get too fareither," he said. "It's a difficultnut to crack — each communityidentifies with its own highschool."

Marlow said one attraction of

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schools smaller than ours that arestill operating independently,"he said.

Marlow said declining enroll-ment is not as much a factor as inother districts. Although thereare 50 less students in the highschool than two years ago,Marlow said overall enrollmentin the district has increased in thepast six years.Marlow said. "With the T.V.classes, they wouldn't have toleave their school."

The superintendent said thejstrict pnrrpntli/ !o 'l~: f

- , . - • ,., -8BpeiJnt*»*»*at 9as,8 raaioiaanzatjon ls

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alization is not a pressing issue inLeonia. N

"There are districts with highregionalization is the ability tooffer a more diverse selection ofcourses. A step in that direction,he said, might be the develop-ment of an interactive televisionprogram fac i l i ty wi th otherschool districts that would allowstudents to "sit in" on classes inother schools via televisionmonitors.

"If you get a course with onlytwo to four kids signed up for it,i t 'e h^^l •" : - . " • < • —' •

„ _,_„ 6«-» u ^uuiac wnn only-fviHucMucjii saia tne two to four kids signed up for it,

district currently is doing a feasi- irs hard to justify offering that

bhlty study with six other school C0l,rse," he said, adding thatdistricts that are similar in size. shar ing classes w i t h other

He said, however, that region- districts woujd make it possib]e

"' mra»—

to offer a more diverse curricu-lum.

"With a regional high school,students have to get on a bus to goto school in another town," '

After a fire destroyed much of J3the elementary school, he added,the new high school was built, irand the old building became the e Imiddle school. " - '' \e declining enrollment, »

| MarJow said the I1 -year-old highJ school is fully utilized. When the J

new building Was constructed, he |gexplained, the district had onlytwo facilities, the old high schooland a kindergarten through eightelementary school.

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Tenafly High not jfor all stueknte^^M**^ i/^/l?ZFourteen EngleTvood Cliffsstudents who entered high schoollast week were not walkingthrough the halls of Tenafly HighSchool:

• -Instead, the students were atD w i g h t - M o r r o w , Bergen •Catholic or Dwight-Englewoodhigh schools.

State Education Commis-. sioner Saul Cooperman turned *

down an appeal by EnglewoodCliffs school board for thestudents to attend Tenafly HighSchool this semester.

Englewood, Englewood Cliffsand Tenafly school boards areappealing Cooperman's decisionin July to the State School Board. ;

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- • TENAPLY — Pour poUce officers werecalled to restore order Tuesday nightwhen a Board of Education meeting

• erupted into a shouting match just fiveminutes after it began,' The ruckus was prompted by board

President Janet Ginsburg's announce-

ment that the public would not be permit-ted to comment on the district's appeal ofstate Education Commissioner Saul Coo-perman's ruling barring Englewood andEnglewood Cliffs students from attendingTenafly High School.

Explaining that the board had a fullagenda for its work session, Ginsburg said,"If the community wants to speak to us,they can do so at a public meeting on Sept.

26. At this meeting, there isSchool boards are not reqi

tain public comments at woOrder dissolved as membe

ence shot up from their seaher decision.

As Ginsburg banged her gaent, Mark Lewitinn, shoute$800,000 of the kids' money,can't talk? Eight, hundred

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ii

lM

Residentstry to speakat meeting*

The Local Angle, | By Mary Garcia

Staff Writer

, TEN AFLY - When a shoutingI match erupted at the board of

education meeting last week,President Janet Ginsburg's gavelwas not enough to restore order.. The argument between resi-dent Mark Lewitinn and Gins-burg prompted Schools Supt. Dr.Charles DeGrow to call thepolice.

( After speaking with the policejMd school officials, Lewitinn'left die meeting and no charges

; fwere filed..j| Some residents became angry"when Ginsburg announced that'? the public could not comment on :, the board's decision to appeali state Education Commissioner<• Saul Cooperman's ruling thatv upheld the sending/receivingrf contract between Englewood and \d Cliffs. i

|. Ginsburg explained that themeeting was a work session and itold residents the board would j,entertain their comments at the ^next public hearing. ^| Angry residents, however, :were eager to air complaints Iabout the appeal. Ginsburg said;Lewitinn, whose son is a junior at ithe high school, stood up and >began screaming that the board >has spent too much money on thelitigation.4'They said it would only costS100,000 at the beginning and itbecame $800,000 and now515,000 could turn into$150,000," said Lewitinn."They are censoring the public.they won't let you speak," hesaid before leaving the meeting./Later, Ginsburg said JamesByrne was the first person to[See BOARD'S, page 6

,-W . #-

Board's decisionsparks comments

1

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Continued from

speak about the appeal" Byme, aformer trustee, resigned last Julyto protest the board's decision.

"As former board members(Byrne and Perry Levinsohn),they know what normal operatingprocedures are," Ginsburg said."As a board member he (Byrne)wouldn't have tolerated it. 1 thinkwe were set up."

Byrne, on the other hand, saidnormal procedure is to openmeetings to the public with fewexcept ions . "They (boardmembers) took an old practice toeliminate the ability of the publicto speak. The board basically is

• •••-%&••' " gr'-,«f» :*•*«•>

ignoring the will of the public tospeak on this subject," he said."There has to be a dialogue, youcan't operate public business thatway. In the short run, it hasdamaged the credibility of theboard."

Ginsburg said she feels theresidents attending the meetingdo not represent the majority inthe borough.

Byme disagrees. "They repre-sent people who are concernedabout the appeal and the way theboard-went about the appeal,"Byrne said. "You now have aboard that feels it doesn't oweanything to the people of thecommunity."

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The State Education Commissioner has rejectedthe proposed concept of a regionalized high schooland has barred Tenafly from enrolling any futurestudents from Englewood or Englewood Cliffs. TheTenafiy Board's decision to appeal theCommisioner's ruling against tuition studentsthreatens the future independence of our schoolsystem,

.On September 13, the Tenafly Board of Educationmet for the first time in six weeks and deniedconcerned citizens the n'ght to speak out on this vitalissue.You have another opportunity to voice your

concern. Attend the Town Meeting and let yourviews be heard.

'

Paid For By The Coalition For Education, Not LMgation

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Page 142: 1987-88 Newspaper Clippings School Regionalization (All)

By Ron Hollander

ENGLEWOOD CLIFFS — Withdrawingthe district's students from Bnglewood'sDwight Morrow High School would have an"insubstantial impact" on racial balance in theschool, the Board of Education argued in anappeal brief filed Friday.

The appeal, filed with the state Board ofEducation, seeks to overturn a July ruling byEducation,, Commissioner Saul Coopermanthat Englewood Cliffs cannot remove its highschool students from Dwight Morrow and sendthem t^Tenafly High School.

The appeal also seeks to lift Cooperman'sbancon .Tenafly's acceptance of tuition-payinghigh sch.pol students from either EnglewoodClifra o/ Englewood.

The 42-page brief says Cooperman erred infinding that' the loss of the Englewood Cliffsstudents would have a substantial impact onDwighty Morrow's racial composition.

Throughout the three-year case, Englewoodargued that Englewood Cliffs' decision to leaveDwight Morrow was racially motivated. Engle-wood Cliffs countered that Tenafly High

fl The commissioner isfocusing on a little town of5,700 people and wants itto be the savior of DwightMorrow.

Joel SiegalAttorney for Englewood Cliffs

School was academically superior. EnglewoodCliffs has no high school of its own.

Dwight Morrow is about 84 percent blackand Hispanic, 12 percent white, and 4 percentAsian. Tenafly High School is 98 percent whiteand Asian, as are most of the Englewood Cliffshigh school students.

The brief argued that there are only 12 En-glewood Cliffs students at Dwight Morrow thisyear out of a total school population of 708.Only five of the 12, which include five fresh-men who enrolled this month, are white.

If those students attended Tenafly, the per-centage of white students at Dwight Morrowwould be decreased by just seven tenths of 1percent, the brief said.

"The loss of the Englewood Cliffs students isjust not going to have a practical impact onDwight Morrow," said Joel Siegal, the district'sattorney.

"The commissioner is focusing on a littletown of 5,700 people and wants it to be thesavior of Dwight Morrow," Siegal said.

If the state board is unwilling to establish asending-receiving relationship between Engle-wood Cliffs and Tenafly High School, his briefsays, it should "at minimum" allow students toattend Tenafly at their own cost.

"Cooperman is practicing reverse discrimi-nation by forbidding Englewood Cliffs parentsto send their children to the school of theirchoice," Siegal said. "Parents in every othertown in the state have that right."

Englewood and Tenafly are expected to filebriefs in 30 days to answer Englewood Cliffs'assertions. Education officials say the stateboard could take up to a year to decide thecase, which then could be appealed in thecourts.

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Page 143: 1987-88 Newspaper Clippings School Regionalization (All)

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AFLY —'A qulstion-and-• ., f •answer session between the Tena-

~.3&y Board of Education and the' • • public will take place on Monday

•at 8 p.m. at the Tenafly Middle• 'School.

. < > The focus of discussion is ex-r>r'ipected to be the board's decision• •• '.to appeal State Education Com-

> missioner Saul Coopermaa's rul-»iing that bars tuition-paying high

, i school students from EnglewoodCliffs and Englewood from attend-

.-.ing Tenafiy High School. In hisdecision, Cooperman also vetoed

. -Englewood's attempt to merge thethree school districts.

.' ' School board President Janet-•- fGinsburg said the board's attor-

• Bey, James Rothschild, would beI present to help the board answer'•'questions from the public.

— LISAGLAZER

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By Mary GarciaStaff Writer

*

TENAFLY - More than 80 residents gathered in boroughhall last week to discuss the board of education's decision toappeal a state ruling barring Englewood Cliff students fromattending the borough high school.

The Coalition for Education,Not Litigation, a citizens groupformed to protest the appeal, heldthe town meeting to recruitmembers, distribute petitions,and collect money for a campaignagainst the borough board of,education.

"We feel we are ready toaccept (state Education Commis-sioner Saul) Cooperman'sruling," said Judy Davis, whomoderated the meeting. "Wewant an end to costly litigation."

Davis said the main question iswhether Tenafly is more likely toface regionalization if it appeals.Aa answer, however, did notcome oat of the three-hour debateamong residents.

"Tax money raised for educa-j ticn should be speat on educa-| tion, not on ill-advised attemptsi to appeal," said former board of: education trustee Jim Byrne, who• resigned from the board in July toprotest the appeal. Byrne accusedthe board of resorting to "paredeception," saying it is using meregionalization issue to mask thereal issue, which he says is thetuition-paying students.

'If we agree with fee commis-sioner's decision we do notappeal," said resident JosephLesser, who is an attorney "You

appeal only if you disagree withsomething. Normally you don'tappeal when you have won —you defend."

Board of Education TrusteeMarge Parlamis explained theboard's motives for the appeal."Because it is a three-party suit(Englewood, Englewood Cliffs,and Tenafly) the ruling is notclear. We are being very cautiousin our approach," she said."Once you do not appeal youlose you right to appeal later, inaccordance to educational law."

Parlamis' remarks, as well asthose of Board President JanetGinsburg, were not received wellby several residents. Some resi-dents, however, said they werepleased the board membersattended the meeting.

"It is time to lay this entireissue to rest and get on with thebusiness of educating our chil-dren," said Adrienne Meltzer,who at one time was a strongadvocate of accepting tuition-pying students. "What is a goodidea at one time is not a good ideaat another time," she said.

"I want the issue to go away,too," Ginsburg said. "Nothingwe've done is written in stone.

Sss SCHOOL, pas« '

ation costs concern parents1 / e - /: t **. *c, I & T& *

We can always withdraw."Residents said they were

annoyed with the lack of dialogue. between the board and the

[] borough. A group of residents

.recently attended a board ofeducation meeting and were toldthey could not speak because themeeting was a work session.

The board of education willconduct an open meeting in the

Mackay School cafeteria Sept.26. Ginsburg said she has askedthe attorney representing theborough to attend the meeting toanswer residents' questionsconcerning the litigation.

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IK*ft*,,

Attorneyfor representationeighth-grade students to consider attending Englewood's Dwightp n r n l l i n n » l i o ! i - / > i « : i ' i •'- * " . . . . . .

\ enrol l ing the i r ch i ld ren in Morrow High School.i

ByEdKensik .

TJ^tJj^ (<&^ <\U I Tenafly High School next year. The school board is in the thirdENGLEWOOD'CLIFFS - "You should not count out phase on the l i t igat ion after

Attorney Joel Siegal, represent- applying for Tenafly (High A d m i n i s t r a t i v e Law J u d g eing the borough school board in School) next year," he told K e n n e t h Spr inger rejectedan appeal against the state board parents. "We're trying to get the „ Englewood Cliffs' request toof education, said last week that decision by the earliest date." sever ties with Dwight Morrow.litigation could continue until The eighth-grade enrollment at Cooperman reiterated Springer'snext summer. Englewood Cliffs is 42, up from stand.

31 over last year. The school board and SiegalThe board of education is Current ly, s tudents from agreed to a contract which caps

appealing the state's decision that "Englewood Cliffs, which does the cost of litigation at $210'.OOOupheld the student sending/ not have its own high school, if it goes to the Supreme Court,re'ceiving relationship between cannot apply to Tenafly High The cost is limited to $100,000Englewood and Englewood S c h o o l . S t a t e E d u c a t i o n in the appeal to the state board nfCliffs ~Cliffs.

Commissioner Saul Cooperman e d u c a t i o n , $90,000 to theSiegal, of Hellring and Linde- recently rejected Englewood A p p e l l a t e C o u r t , and the

man in Newark, made the state- C l i f f s ' appeal to al low 14 Supreme Court, with $20,000 forment in front of approximately 50 Englewood Cliffs students to incidentals.

1 residents who attend attended the attend Tenafly this semester*| school board meeting. *""

of'-'. , h k , „

Siegal said the school board

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Ke vl e w*a ttor rffe y "feesvering March- Dei,nan hari hf^n ,h- „,,„,

UNGLEWOOD CLJFFS - Theschool board has turned to theBergen County Fee Committee toexamine attorney fees incurred inthe borough's sending/receivinglitigation.

Board members say bi l lstotaling $57,000 from AttorneyJohn Degnan are unsubtantiated.

The board voted 7-1-1 lastweek to have the committee,which arbitrates fees betweenattorneys and clients, look into

_ „ fees covering March-July J9S8.

Degnan, a former state attor-ney general, is of the law firm ofShanley and Fisher, Morristown.Several attempts to reach Degnanwere unsuccessful.

The school board voted todismiss Degnan in July and hireJoel Siegal after State EducationCommissioner Saul Cooperman „ J l l l U cms nupheld the sending/receiving Tenafly. fenafly is also appealrelationship between Englewood ing Cooperman's decision,and Enpli»u>ftr>H r\:te- n •

Degnan had been the attorneyfor the school board since thecase began in December 1985.

The Englewood Cliffs schoolboard is in the process of appeal-ing Cooperman's decision to thestate board of education. Theborough wants to sever the send-ing/receiving cont rac t w i t hEnglewood and send its highs c h o o l - b o u n d s t u d e n t s to

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and Englewood Cliffs.Siegal is of the lawfinn of

Hellring and Lindeman, Newark.

ing Cooperman'u uv*.«iun.School Board President Sadri

Garakani said Degnan had noj,given an account of the costs to

the board. "He charged us $1.1million, but we don't know whathe did with it," she said. Gara-kani said the live months of billsare just the beginning. "We'refirst looking into those moniesand then go back and look into1987," she said.

But Board Trustee Carin(kiger, who wits board presidentand charge of the litigation in thepast, voted against the resolutionand d e f e n d e d D e g n a n . "Jpersonally have no problem with

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Time to stop[the> Because 1 was a merrier of the

$ .-pJ Tenafly Board of Education untilll^/K^b April, I am thoroughly familiar

^ with the litigation case. Tenafly's£.- J5$ reason for appealing defies logicnV , ?|,and common sense. Englewood|' '5 **P is far from stupid, so why didn'tiC*r|f it appeal the commissioner'sIt"' HI ec*s*on on *e P®^ mey won?

.^ ^ ?s iniportant to know the' ,.-. | wording of the original resolution

-.';SBi passed by Tenafly tfiat precipi-tated the law suit. It read: "TheBoard of Education of the

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Borough of Tenafly shall enterinto a sending-receiving relation-ship with the Board of Educationof the Borough of EnglewoodCliffs, terms to be mutuallyagreed upon by the parties, uponapproval by the Commissioner ofEducation of the termination ofthe sending-receiving relation-ship between the Borough ofEnglewood Cliffs and the City ofEnglewood."

Since state EducationCommissioner Saul Cooperraanruled against terminating thesending-receiving relationshipbetween Englewood Cliffs andEnglewood and against region-alization of the Tenafly andEnglewood high schools, thereality of the situation is that hisdecision should have put an endto our involvement in the case.

The Tenafly board of educa-tion informed the EnglewoodCliffs board that it was with-drawing its offer of being areceiving district for Englewood

How they should get together andtalk about the commissioner'sterms. Enough already!®EL PERSY P.

If Englewood persists in itsfight to force regionalization ofthe Tenafly and Englewood highschools, the Tenafly board ofeduation, supported by a unitedcommunity, will do whatever isrequired to keep the Tenafly highschool from being forceablyregionalized with any other highschool.

I was mere. Tenafly has neverbeen willing to talk to Englew-

- ood, except on its own terms.' «•• ?E3!Er" T;'•••••iseff ;~--i*s^f" •

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Page 148: 1987-88 Newspaper Clippings School Regionalization (All)

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By Mary GsreiaStaff Writer

TENAFLY - More than 80 residents gathered in boroughhall last week to discuss the board of education's decision toappeal a state ruling barring Engiewood Cliff students fromattending the borough high school.

The Coalition for Education,Not Litigation, a citizens groupformed to protest the appeal, heldthe town meeting to recruitmembers, distribute petitions,and collect money for a campaignagainst the borough board of.education.

"We feel we are ready toaccept (state Education Commis-sioner Saul) Cooperman'sruling," said Judy Davis, whomoderated the meeting. "Wewant an end to costly litigation."

Davis said the main question iswhether Tenafly is more likely toface regionalization if it appeals.An answer, however, did notcome out of the three-hour debateamong residents.

'Tax money raised for educa-tion should be spent on educa-

i tion. not on iii-advised attemptsto appeal," said former board ofeducation trasiee Jim Byrne, whoresigned from Jhe board in July toprotest the appeal. Byrne accusedthe board of resorting to "paredeception." saying it is using theregionalization issue to snask thereal issue, which he says is thetuition-paying students.'

"If we agree with the commis-sioner's decision we do notappeal," said resident JosephLessen who is an attorney "You

appeal only if you disagree withsomething. Normally you don'fappeal when you have won —you defend."

Board of Education TrusteeMarge Parlamis explained theboard's motives for the appeal."Because it is a three-party suit(Englewood, Engiewood Cliffs.and Tenafly) the ailing is notclear. We are being very cautiousin our approach/' she said."Once you do not appeal youlose you right to appeal later, inaccordance to educational law."

Parlamis' remarks, as weli asthose of Board President JanetGiasbarg, were not received wellby several residents. Some resi-dents, however, said they werepleased the board membersattended the meeting.

"It is time to lay this entireissue to rest and get on with thebusiness of educating our chil-dren. " said Adrienne Meltzer,who at one time was a strongadvocate of accepting tuition-paying students. "What is a goodidea at one time is not a good ideaat another time," she said.

"I want the issue to go away,too." Ginsburg said. "Nothingwe've done is written in stone.

SCHOOL, 7

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•w.

n called out of line(O

Tenafly app64I says Cooperman lacks power for rulingBy John H. Kuhn

. Record Staff Wrltar e

TENAFLY — State Educa-tion Commissioner Saul Cooper-man does not have the power toprohibit Tenafly from acceptingtuition-paying students, theschool board says in its appeal ofCooperman's ruling denying En-glewood Cliffs the right to sendits students to Tenafly.

Tenafly is appealing the Julyruling prohibiting EnglewoodCliffs, which has no high school,from severing its sending rela-tionship with Englewood and es-tablishing a similar one withTenafly.

Englewood Cliffs had wantedto withdraw all of its studentsfrom Dwight Morrow HighSchool and send them to Tena-fly High School. Prior to the rul-ing, there were no restrictions onTenafly's acceptance of out-of-town high school students on atuition basis.

"Any limitation on a localschool district's ability to enrollnon-resident students mustcome from the Legislature,which grants the right; the com-missioner and/or state board arewithout such authority," attor-ney James Rothschild said in a

brief filed this week with thestate Board of Education on be-half of Tenafly.

"What Englewood seeks is fa-vored treatment and protection-ism. It asks the state board tobludgeon parents into sendingtheir children to a school theyfind to be educationally unac-ceptable."

Throughout the three-yearcase, which has cost the threedistricts a total of about $4 mil-lion, Englewood argued that En-glewood CUffs' decision to leaveDwight Morrow was racially mo-tivated. Englewood Cliffs coun-tered that Tenafly High Schoolis academically superior.

Dwight Morrow is about 84percent black and Hispanic, 12percent white, and 4 percentAsian. Tenafly High School is 98percent white and Asian, as aremost of the Englewood Cliffshigh school students.

Rothschild argued thatDwight Morrow has failed to at-tract many of the available whitestudents in Englewood.

"Tenafly's policy has notcaused any enrollment or racialimbalance problems in DwightMorrow," the brief states. "Ten-afly will be harmed in terms of

lost students, lost revenue, andprogram disruption without anycorresponding benefit to Engle- • •wood."

The brief said Tenafly's policyincreased the black and Hispan- 'ic representation at TenaflyHigh School, and "there hasbeen no showing that Tenafly 'has at any time acted with dis- 'crimination or segregative in- •tent."

Rothschild also argued that 'forcing the formation of a re-gional high school district, which ;Englewood seeks and both the ,,commisioner and an administra-.jtive law judge rejected, cannot beimposed unless improper or il-',legal conduct by a school district»is shown. i

«.-

Rothschild said the commis-sioner's decision will hurt publiceducation.

sThe commissioner had cho-",sen to ignore reality and to sur- "render a generation of children'from Englewood and Englewood "'Cliffs to private and parochial ''schools," he says.

The state board is expected totake up to a year to decide thecase.

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REGION All IZAT /O N :T

WHY IT'S IMPORTANT

Englewood's appeal of the decision of Commis-sioner Cooperman (see inside) is based wholly on theruling's absence of a mandate to create a regional highschool district, as requested by Englewood in its re-sponse to the litigation brought by Englewood Cliffs.

The Englewood Board of Education believes thai aregional high school district comprised of EnglewooJ,Englewood Cliffs, and Tenafly holds the greatestpromise for the fulure of quality public education in thethree communities. Among the advantages of re-gionalization are:

• a wider range of programs, with less likelihood ofcourse cutbacks because of insufficient demand;

» a greater diversity of extracurricular activities;

• a broader range of inter-racial and inter-class con-tact, both among students and with faculty;

• and optimum use of facilities.

A regional district was highly recommended in ex-pen testimony before ihe administrative law judge hear-ing the case.

The state Board of Education — or Appellate Dis i -sion or Supreme Court on appeal there — can directthat regionalization take place. Should this be the rind-ing, a feasibility study would be the first step. It woulddetermine how existing facilities would be utilized. Aregional high school serving Englewood, EnglewoodCliffs, and Tenafly would be one of the largest inBergen County.

• • • m i n B n B r T ' * ' ' * ' * • . - • . • - - . ,. ^xceVpYsrom the Commissiartcr's DecisionExcerptsfrt>m C'ttmnttisioritfr Cimperniuii's de<.'i?>i*>n finding »/;

fctvor uf i*ngtewood in luigutiun bronchi by the si htioi bt>urd$ /;/EfijjlewtJi'J Cliffs and Tenafly

"It is clear from the record ih.it this ease lias been heavihimmersed in an effort to cast PMHS IDwi^lu Morrow HighSchool] as MI inferior school, noi worthy ot its studejii.v li i-,equally clear lhal the record docs not .support ihi.s position . . . li[the record) reveali a dj.sirict thai has taken sieps lo Milrguard thequali ty of education which .should he commended, not maligned.'

* * *

"While the ui i t ion policy |uf ' l Viully High School) on us lu..v isnot illegal, ihe cfii'ci under ihe circumMuncc.s of tliis niaitei is inexacerbate ttie precarious racial imbalance at DMH.S; thus, UK-strong Stale policy against discrimmuiiot i and segregalion hjveprimacy over any discreiionary puwer |io acvi-pi tuiiion-paynii.'students from anoiher disincij."

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hiiglewood, N.J . SPECJAI

The CommissicSlate Commissioner oft

recently affirmed ihe decjudge upholding the Engle*litigation initialed by theEducation. This special hbeen published to bring th<current status of this litig

The ruling ofCommissidirects that Englewood Clifschool students to DwightLn^lewood and forbids 7further accepting tuition-p^lewood Clijfs and Englewotrt'dly only to the three schruling has been describedcance elsewhere in New Jen

Cornm issioner Coopernpealed by Englewood to thtbecause the, decision does iregionalized high school, wis in the best interest of thernunities. The commissionsfavorable to Englewood inCliffs and Tenafly have also

T O / M O K R O W : A N e w s l .P u b l i s h e d by ihe E n g l e w

"fl

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The Dwight Morrow Litigation:Where We Are, Where We're Goiog

Litigation that began almost three years ago — over asending-receiving relationship dating back more than 20years — has been decided in favor of EngJewood. The litiga-tion was brought by the Englewood Cliffs Board of Education,joined by the Tenafly Board of Education.

The ruling of an administrative law judge handed down lastApril has been affirmed (July 11, 1988) by state Commissionerof Education Saul Coopennan. It directs that Englewood Cliffscontinue sending its students to Dwigbt Morrow High Sch-vil inEnglewood and bars Tenafly High School from acceptingEnglewood Cliffs or Englewood students on a tui t ion basis.The latter provision applies to all students who have not yetattended classes in Tcnafly. including these already acceptedfor the 1988-89 school year: students who were ;'!rc.'nhattending THS at the time of the ruling arc allowed • • > om-tinue there through gradualion.

Ruling AppealedCommissioner Cooperman's ruling, however, ha1, been

appealed by both Englewood Cliffs and Tenafiv. Fnglc-wood has also appealed the decision, seeking to have thrruling extended to mandate a regional high school.

These appeals, by statute, must now go to the stale Boardof Education, which may affirm, reverse or modify the com-missioner's ruling, Further appeal would be to the courts —-

BOARD OF EDUCATIONCity of EnglewoodI,. Mice Peters. President

Russell Major. l'/rr rrr\idrmDr. Shepard BartnofT Dr. Hndnry Muth

Barbara Marsan Dr. Michael CavwHI.urinila Shav

Larry I/evfrett, Supfriniendfni nf Sfh<ml\t the Appel late Divis ion of Superior Court and then the

sink- Supreme Court. As both a time-saving-sind cost-savingMie.a.sure. it is l ike ly (hat the parties w i l l request the SupremeCourt to bypass the Appellate Division and hear the casedirectly.

Key Findings

The ruling of Commissioner Cooperman, which runs 47pages, found Englewood achieving a "quality of educationwhich should be commended, not maligned." Other keyfindings include the following:

0 "The record does not support" Englewood Cliffs'position that Dwight Morrow High School is an "inferiorschool, not worthy of its students.' ; '

* Dwight Morrow "provides a broad comprehensiveeducational program which is both thorough and efficient andcapable of providing more than adequate preparation forpo-f-secondary education."

» "No one could seriously believe that racial prejudiceand circumvention of integration is not at play in this case."a').;) "it is naive to suggest that racial considerations are notimplicated" in the case.

a New Jersey recogni/cs the "undisputed benefits ofdiversity" in its schools, and the Commissioner has a' heavy responsibility to vigorously and aggressively combatthre.jls to racial balance" in New Jersey public schools.

* Allowing termination of Englewood Cliffs' sendingrelationship with Englewood would "place an imprimatur ofacceptance by the State" on so-called white flight and wouldresult in significant negative impacts on racial balance andeducational qualify at Dwight Morrow.

The earlier ruling (April IS, 1988) of AdministrativeLaw Judge Ken R. Springer included these findings:

* "DMHS students may even have a greater chancethan THS students of being accepted by some top-notchcolleges."

" "The degree of participation by (Englewood] Cliffsstudents in co-curricular activities at DMHS exceeds that of(heir Cliffs peers at THS (Tcnafly High School]."

Besides barring Englc:sending relationship with Ealso denied Englewood Cilrelationship with both EnglCliffs, which has no high siits sending relationship wit!I

LookiilAlthough appeals have i

Englewood Board of EducajCommissioner Cooperman'!the need for a new spirilwelcomes Englewood Cliffsubstantial contributionsStudent Government Organi'in extracurricular activjtie:participation of their parenEnglewood parents. And iCooperman's direction thatthere be a cooperative effoEngJewood Board's and Enwork together in the best intthey have the responsibility t

COME AAny resident, parent o

Englewood Cliffs is invite*School firsthand. Pleasesat 833-6150. The school rvisit so it will not interfeitivities, and to take visitorAnyone not wishing to visthe school or its prograrrnumber. Questions abourected to Dr. Henry Olive:schools, at 833-6070.

Page 152: 1987-88 Newspaper Clippings School Regionalization (All)

said trustee" tLaraine* Whitcomb,who was sworn in as a board mem-ber to replace James Byrne. Byrneresigned in protest over the ap-peal.

Board President Janet Ginsburgsaid, "The board feels this is theright way to proceed now. Theboard has the option to withdraw[from the appeal] at any time. Weare defending ourself against re-gionalization. It was the board'sdecision, not the attorney's or su-perintendent's.",

Legal tacticsRothschild said the 50-page

brief he filed last week will make itdifficult for Englewood to dwell at

KTitTJn question. .Because, i t-Wall befiling«after**Tenany,- Englewoodmust submit a shorter brief, hesaid.

"If we chose not to appeal onthe tuition question, Englewoodwould file the first brief," he said."It would tell of a wealthy whitecommunity [Tenafly] striving tokeep out blacks and Hispanics....That is what the state would hearfirst."

Rothschild said the Tenafly tu-ition policy actually increased theblack and Hispanic enrollment inTenafly High School. "Tenafly isone of the most diverse communi-ties in New Jersey, with 25 to 30languages spoken in the highschool," he said.

Arnold Mytelka, attorney for

•- - t-^^^/^re f.«thu isiiglewood school board.'said,«iP "Mr.""Rothschild has filed u 50-

page brief addressed exclusively tothe tuition issue. What this has todo with regionalization is not clearto me."

Rothschild aaid the Tenaflyboard would face a new suit frorAEnglewood Cliffs if Tenaflybacked out of its agreement to ac-cept it as a sending district. Coo-perman rejected Englewood Cliffs'request to stop sending highschool students to Englewood andsend them to Tenafly instead.

Second opinionSeveral Tenafly residents sug-

gested getting a second attorney'sopinion about the appeal. ButRothschild said a second opinion

the d i s t r i c t about «$100,000. i

Not everyone who spoke disa- {greed with the board's slralegy.

"Give them [the trustees] thebenefit of the doubt," said AnnaPorter, a Tenafly High School ju- •-nior. "Assume they think they are '!acting in your best interest."

But Eric Brill, another TenaflyHigh student, said he bt-Jieves t he j l .$800,000 spent so far to pursue thelitigation is too much. "It's a viola-tion, to me, that this much moneyhas been wasted."

Rothschild said the appeal to"the state board will cost $15,000.An appeal to the state SupremeCourt would cost more, he said,but he did not give a specific esti-mate.

.s-j

r John H. Kuhnar-ord SiaH WriteiL.1

, TENAFLY - The Board of: Education is standing its"ground in appealing a state.ruling that it not accept tu-ition-paying high school stu-

• dents from neighboring Engle-twood and Englewood Cliffs.' Some of about 130 residentswho last week attended ameeting on the case urged the

board to drop the appeal be-cause the case has already costthe district $800,000. Butboard members said they arefighting for the interests of thedistrict and an appeal is neces-sary to prevent regionalizationof the three districts, whichmost Tenafly residents op-pose.

For three hours, residentsquestioned the board andboard attorney James Roth-

schikl about the lawsuit, whichis going to the state Board ofEducation on appeal.

The ruling was made bystate Education Commission-er Saul Cooperman. It waspart of the decision, issued inJuly, in which he rejected En-glewood Cliffs' bid to end itssending relationship with En-glewood and transfer its highschool students to Tenafly.

Englewood Cliffs has nohigh school. All three districtshave decided to appeal the rul-ing.

Some 30 speakers urged theboard to drop the appeal,pointing out that Tenafly resi-dents support Cooperman'srejection of regionalizing thethree districts.

Englewood, which won theright to continue receiving the%

Englewood Cliffs fetudents, •wants regionalization — andhas appealed Cooperman'sruling because he rejected it.Tenafly residents say regiona-lization would reduce the qual-ity of their schools.

But board members said ap-pealing the case is the propercourse.

"We all want the same goal

See APPEAL Page A-3l'

-

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M

o boards continue appealsiv,e their views on status of litigation

Page 154: 1987-88 Newspaper Clippings School Regionalization (All)

THE RECORD

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By John H. KuhnRecord Staff Writer

TENAFLY — Residents op-posed to the school board's appealof a lawsuit involving Englewoodand Englewood Cliffs will take tothe streets this weekend seekingsupport for their campaign.

"We want to get the messageacross," said former school boardmember James Byrne, one of theorganizers of the petition 'drive.

Byrne and other residents con-tend that the school board's voteto appeal state Education Com-missioner Saul Cooperman's deci-sion will continue the litigation tothe state Board of Education andperhaps beyond to the courts. Thecase has cost Tenafly about§800,000 and the three districtsnearly $4 million.

Cooperman decided in July thatTenafly could no longer accept pri-vate, tuition-paying high schoolstudents from Englewood and En-glewood Cliffs. But he also reject-ed Engiewood's request that he or-der the formation of a three-district regional high school. The

decision grew out of a suit by En-glewood Cliffs, which has no highschool, to withdraw its studentsfrom Dwight Morrow High Schoolin Englewood and send them toTenafly. Englewood Cliffs lost itsbid.

Tenafly Board President JanetGinsburg, in commenting on thedrive, said the board "took themandate of the people at our Maymeeting, and our negotiating com-mittee is seeking a meeting to ex-plore a settlement."

She would not confirm reportsthat a meeting of representativesfrom the three school boards hasbeen scheduled.

"We are trying to get them to sitdown at the table," she said, refer-ring to Englewood and EnglewoodCUffs board members. "We don'twant to scare them off."

"They know what has takenplace," Ginsburg said of those whoare behind the petition campaign."They want to be in a position totake credit for whatever happens."

Byrne said the petition grouphas set no goal on the number ofsignatures it seeks.

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By Ron HdlandsirRecord Staff Writer

. .ENGLEWOOD CLIFFS - Theschool board will continue to fightEnglewood's attempts to get theminutes of an executive session inwhich Board President Sadri Gar-akani suggested that the schoolsuit against Dwight Morrow HighSchool was racially motivated, theboard's attorney said.

Joel Siegal, representing theboard in the multimillion-dollarsuit to sever its relationship withDwight Morrow, said Tuesdaythat he will fight a motion filed byEnglewood this month to see theminutes from the July session.

A report on the minutes, includ-ing Garakani's statement that the

. case was "a racial issue," was pub-lished in The Record on July 21.

An administrative law judge andEducation Commissioner SaulCooperman had denied the bor-ough's suit to sever its sending-receiving relationship with DwightMorrow and to send its highschool students to Tenafly HighSchool instead.

In denying the borough's peti-tion in July, Cooperman wrote,"No one could seriously believethat racial prejudice and circum-vention of integration is not atplay in this case."

The Englewood Cliffs schoolboard has maintained that bettereducational quality at Tenafly —not its racial composition — moti-vated its suit. Tenafly High Schoolis 98 percent white and Asian, asare most of the approximately 40eighth-graders graduated eachyear from Englewood Cliffs.Dwight Morrow is about 86 per-cent black and Hispanic.

In its motion filed Oct. 3, Engle-wood asked the state Board ofEducation to compel

from them," Mytelka wrote.Siegal said Mytelka was "trying

to draw attention to the so-calledrace issue, which will inflame thesituation and help his case, ratherthan to the schools' quality."

A decision on the minutes is ex-pected from the state board withina month. Cooperman's entire deci-sion is also being appealed to thestate board, and a ruling on that isnot due before summer.

I'1

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By John H. KuhnRecord Staff Writer

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TENAFLY — At least 450 peo-ple signed petitions calling for theschool board' to end its lawsuitwith Englewood and EnglewoodCliffs, a spokesman for the anti-litigation group said Monday.

"We will try again this week-end," said James Byrne, a formerboard member and leader of thoseopposing the district's appeal inthe case.

He said 450 people Saturdaysigned the petition, which asks theTenafly board to accept the deci-sion of state Education Commis-sioner Saul Cooperman ratherthan appeal to the state Board ofEducation. Seven of every 10 peo-ple approached signed the peti-tion, he said.

Cooperman ruled in July thatTenafly can no longer accept pri-vate, tuition-paying high schoolstudents from Englewood and En-glewood CUffs. Cooperman also re-jected Englewood's request that athree^district regional high school

be formed.Englewood Cuffs, which has no

high school, started the litigationby asking Cooperman to allow it towithdraw from Dwight MorrowHigh School in Englewood andsend its high school students toTenafly.

The three districts have spentnearly $4 million on the law suit.Tenafly residents opposed to theappeal contend that the districthas spent enough money on thecase and should instead acceptCooperman's decision. The schoolboard, however, has remainedsteadfast in its appeal, contendingthat Tenafly must continue to op-pose Englewood's quest for a re-gionalized district.

A joint meeting of representa-tives of the three shcool boards isbeing sought by the Tenafly boardto discuss a possible settlement.Tenafly board President JanetGinsburg has written to otherboards seeking the meeting, whichmay be held in mid-November.

Byrne said the petition will bepresented to the board this month.

• i:

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Page 157: 1987-88 Newspaper Clippings School Regionalization (All)

we don'fknow what he did withit."

But school trustee CarinGeiger, who voted against the

. . resolution, said the board was

MoSf cSvTe" Arb£a7on Chris sougm «, ,u « kept informed of costs. "TherSmSliS tareview more than to Tenafly rather than Englew- education decmeo u> u»» «~ board was constantly appraisedCo 'ttee to rev ew more than .g ^^ ^ committee review only $57,000 of the fact we were being charged*-rjLl! *Jn° .^current send- Jersey State Board of Education. of Degnan's fees from March- on an hourly basis," said Geiger,ne. currem semi rv,nnan nf the firm of Shanley July 1988, but later decided to who was on the li t igationrview all the fees. committee until this year,

"If he (Degnan) made a big "There were nine months of• —i-~ ...sri, rf,P. five months, we court costs and six months of

discovery."Garakani, however, said the

board was kept hi the dark untilshe took over as president inApril. "There was nothing on the

yEdKensik iJ-^"*~t> 1985 when the sending/receiving Degnan's iegaiicc»,uuiv«aff WiW r i V"T \? o litigation between the Englew- costs for consultants and inci-nil TT l llwt V/10 J**s i \t /\ ^ **+\ »»i» "v-i i •» « * *tfVLJtv^ ^ | \T/] 00(1 chffs, Enplewood, and dentals.ENGLEWOOD CLIFFS - The Tenafly school districts began. Several attempts to reach

borough school board will ask the The case-in wni(=h Englewood Degnan were unsuccessful.Morris County Fee Arbitration Cliffs sought to send its students Last month the board ofCommittee to review more than to Tenafly rather than Englew- education decided to have the$850 000 in a t torney fees ood, is currently before the New committee review only $57,000

^ incurred during the current send- Jersey State Board of Education. of Degnan's fees from March-'•*$ ing/receivina litigation. Degnan, of the firm of Shanley July 1988, but later decided t('4 In a 6-1 vote last week the & Fisher in Morristown, was review all the fees.1 board decided to have' the replaced in July with attorney "If he (Degnan) made a bife

committee examine attorney 'oe* Siegal of Helhring, Linde- mistake with the five months, weJohn Degnan's fees for the 32- man> Goldstein, Siegal, Stern, decided to see how much of amonth period he was represent- ^ Greenberg in Newark. mistake he made in the threeThe school district is submit- years," Board of Education

- - *oeo QAAAH President Sadri Garakani said.1 million, but

^ SSi ^S

agenda," she said. "It was neverlike paying Joel Siegal with aresolution on the agenda. "

Before the .vote was taken,board member Stephen Rubinskysaid, "If the majority of theboard votes for it (the committee

"review), I'll vote for it, but webudgeted it (money for Degnan'sfees) and it was allocated. Theboard members knew of thecosts."

The board also approved aresolution appropriating theremaining $50,000 of $100,000to Siegal for the appeal to thestate Board of Education.

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Page 158: 1987-88 Newspaper Clippings School Regionalization (All)

. • • •

2 towns expected to rebute claim of racial motivation,;4By Ron Hollander' Record Staff Writer

' Englewood Cliffs and Tenafly./have until Monday to respond tolEnglewood'a continued claim,«that Englewood Cliffs' suit tosever its ties with Dwight Mor-jow High School is racially —

jjnot educationally — motivated.*' ' Jn a reply brief filed with thestate Board of Education, law-yers for Englewood argued,"This case is about race andabout education and about muchelse; but it is mostly about race."

*:• The board is now consideringappeal of the tbree-year-long

case,-'.,..,-:, ..,:' Englewood:contended (in thebrief, filed last week, thatEngle-, wood Cliffs wants to atop send*f ing sits mostly white ana Asian.;

students to Dwight Morrow be-., cause the school ia 86 percent'' black and Hispanic. Englewood ,•Cliifa, on the other hand, has

"said Dwight Morrow does not of-Vfer an education comparable to .

what is available at TenaflyHigh School, where it wants tosend the approximately 40eighth-graders it graduates eachyear.

Englewood Cliffs has no highschobl of its own.

Last week, the state board de-nied a move by Englewood to seeminutes of a closed meeting ofthe Englewood Cliffs schoolboard. The board president wasquoted as saying during themeeting that the case was racial-ly motivated.

The Englewood brief also re-butted a request by the parentsof an Englewood Cliffs eighth-grader who currently attendsschool in Tenafly aa a^ tuition-paying student that she be al-lowed to complete her high

'school education in that district.^i'. State Education Commission*:er Saul Cooperman ruled in Julythat Tenafly must cease accept-ing students from Englewoodand Englewood Cliffs, and that

only those in the eighth gradelast spring would be allowed toattend Tenafly through the 12thgrade. Cooperman also refusedto let Englewood Cliffs sever itsrelationship with Dwight Mor-row.

Lawyers for the eighth-grader,Allison Spiegel, have argued thatCooperman "arbitrarily" dre.wthe line at the eighth grade'andthat all students enrolled in anygrade in the Tenafly school sys-tem last spring should be al-lowed to graduate from TenaflyHigh School.

In its brief, Englewood arguedthat Cooperman's decision madesense because the parents of astudent like Spiegel would havea full year to find an alternativeto Tenafly.

"The line the Commissionerdrew correctly balanced consti-tutional requirements and edu-cational equities," Englewood'sbrief said. "It should not be re-drawn."

In another development in thecase, the arbitration of Engle-wood Cliffs' request for a refundfrom its previous attorney, JohnDegnan, has been moved fromthe Supreme Court's fee-arbitra-tion committee in Morris Coun-ty to Sussex County.

The move was made because amember of Degnan's Morris-town firm, Shanley & Fisher,was a member of the fee-arbitra-tion committee.

In the action, the EnglewoodCliffs school board said Deg-nan's final fee was nearly fivetimes more than his original es-timate of $275,000.

Englewood, Tenafly, and En-glewood Cliffs have spent almost$4 million on the litigation,which has been heard at the ad-ministrative level and has yet toenter the court system.

There is no deadline for theboard to rule on the appeal ofCooperman's decision. Educa-tion experts have said it couldtake six months to a year.

\

' '' '' '

Page 159: 1987-88 Newspaper Clippings School Regionalization (All)

Cliffs'/EdKensik

T Writer •

iENGLEWOOD - The stateI of education last week

aiied the city school board theH to obtain minutes of a July 15

ijlewood Cliffs closed schoolI meeting.

fording to the Dec. 1 ruling,elewood failed to provide suffi-II reason to release the minutes.t ruling said the publication of: meeting details was not a' lantial reason to release the

inieiu.»July 21 and 22, The Record

i ankles it said were based on| events and discussions of theMe session.[Tbc'article reported tha t

'wood Cliffs Board PresidentnGarakani admitted the send-

ing/receiving lawsuit was raciallymotivated.

The state board said it based itsdecision on a state statute that"gives the public body itselfcontrol over disclosure of thesubstance of its private sessions."

The Englewood Cliffs. Englew-ood, and Tenafly school boards areinvolved in litigation that involvessending Englewood Cliffs studentsto Dwight Morrow High School inEnglewood or Tenafly HighSchool.

State Education CommissionerSaul Cooperman in July reaffirmedA d m i n i s t r a t i v e Law JudgeKenneth Springer's decision tocontinue the sending/receivingcontract between EnglewoodCliffs and Dwight Morrow.Englewood Cliffs and Tenaflyappealed the decision and the case

is now before the state board ofeducation.

In its five-page decision, thestate board said, "The mere factthat a newspaper has publishedportions of an alleged copy of theminutes of that meeting does notalone provide us with the justifica-tion for disturbing the Cliffsboard's discretion in determiningfor itself the time for full disclo-sure."

Attorney Joel Siegal, represent-ing Englewood Cliffs in the litiga-tion, said the decision showsEnglewood is deflecting the issueof education, "it demonstrates thatEnglewood's motion to the stateboard is trying to avoid the issue oneducation and focusing on the redherring of race."

Attorney Arnold Mytelka, whois representing Englewood, said

State Education CommissionerSaul Cooperman

Cooperman decided in favor ofupholding the contract between thecity and Engiewood Cliffs becausehe thought severing ties woulddisrupt the racial composition ofDwight Morrow High School."I'm in good company with thecommissioner." Mytelka said.

Page 160: 1987-88 Newspaper Clippings School Regionalization (All)

'• -Oi

Boards file brief after brief inBy Ed KerisikStaff Writer i^l^N

ENGLEWOOD - The cityschool board has responded toattacks made by Tenafly andEnglewood Cliffs in its briefs tothe state board of education.

In response to EnglewoodCliffs' brief, Attorney ArnoldMytelka. representing the city inthe sending/receiving litigation,wrote that severing the contractbetween the city and EnglewoodCliffs "would decimate theDMHS (Dwight Morrow HighSchool) program."

But Englewood Cliffs officialssaid the city will not have the lastword. According to Joel Siegal,

the attorney representing theEnglewood Cliffs school board, hewill file another brief in responseto the one filed by Englewood lastweek.

In its first brief, EnglewoodCliffs maintainted that an injunc-tion prohibiting Cliffs studentsfrom attending Tenafly HighSchool is unconstitutional. "Theinjunction infringes fundamentalconstitutional rights of Cliffsparents and children, and harmsthe Cliffs and Tenafly schooldistricts," wrote Siegal of thelawfirm of Hellring, Lindeman,Goldstein, Siegal, Stern, andGreenberg of Newark.

In J u l y , s t a te E d u c a t i o nCommissioner Saul Cooperman

reaffirmed Administrative Lawjudge Kenneth Springer's rulingupholding the sending/receivingcontract between Englewood andEnglewood Cliffs and blockedEnglewood Cliffs students fromattending Tenafly High School.Both maintain the loss of Englew-ood Cliffs students would be detri-mental to the racial makeup ofDwight Morrow High School(DMHS).

In its 107-page brief, Englew-ood defended the high school fromat tacks from the other twocommunities and backed Cooper-man's decision.

Englewood Cliffs and Tenaflyare appealing the decision thaiupheld the contract while Englew-

ood is appealing the pan of ihedecision lhat denied regionali/.ingthe school districts.

"Indeed, despite rejection of itsvicious attack on Dwighi Morrowby bolh Judge Springer and thecommissioner, the Cliffs boardcontinues to tell its community,through the brief filed with thisboard, that Dwight Morrow is lessthan mediocre; it is a definite,tangible impediment to fu tu resuccess," Mytelka wrote in thebriefs.

According to Jeff Lieberman,legal analyst for the state board ofeducation, Englewood Cliffs andTena f ly response br iefs areexpected Dec. 12. Englewood has10 days to reply to the latest briefs,

and then the case will go before theboard's legal committee, which isfree to consider the matter withouttime restraints before reporting lothe slate board, Lieberman said.Siegal said the state's decision isexpected this summer.

W h i l e Eng lewood ' s b r i e fdefended the reaffirmation of thecontract, it charged that Coo[>er-man did not use his office to fulluse. "He has taken too narrow aview of his broad power to combatimbalance in the public schools,"Mytelka said.

Mytleka also wrote lhat a large-scale s u r v e y had no t beenconducted on regionalization.

Page 161: 1987-88 Newspaper Clippings School Regionalization (All)

^SUNDAY, DECEMBER 18, 1988

M

III

Eriglewood readies briefin 3-town school disputeMy Ron Hollander•flecord Staff Writer• The latest round in a three-yearlawsuit involving three BergenCounty school districts is to con-clude Thursday, when Englewoodfiles a final brief that is expectedonce more to defend the quality of[its high school and the need forregionalization.

The state Board of Education,which is hearing an appeal in thejsuit, could take six months to a/year to render its decision..'Englewood Cliffs is asking the•board to reverse a July ruling bystate Education CommissionerSaul Cooperman that bars the dis-trict from sending its students toTenafly High School instead ofDwight Morrow High School inEnglewood.

• The litigation has cost Engle-'wood, Englewood Cliffs, and Ten-

afly nearly $4 million combined.In its final brief, filed last week,

Englewood Cliffs vigorously rebut-ted Englewood's contention thatracial considerations — not educa-tional quality — are behind thedistrict's desire to send its stu-dents to Tenafly.

Tenafly's student body is 98 per-cent white and Asian, as are mostof Englewood Cliffs' students.Dwight Morrow is 86 percentblack and Hispanic. EnglewoodCliffs has no high school.

"By crying 'Race! Race!' Engle-wood hopes to blind the stateBoard of Education ... to substi-tute hysteria and wholly subjectivefactors for objective measures or'school performance," EnglewoodCliffs argued.

"The parents of Cliffs' studentswant to send their students toTenafly rather than to Dwight

Morrow because of the desire bythose parents to obtain the bestpossible education for their chil-dren," the brief said.

Cooperman ruled in July thatEnglewood Cliffs could not sever

' its 23-year sending-receiving rela-tionship with Dwight Morrow. Hefound that Dwight Morrow offers"a more-than-adequate programfor its college-bound population."

B u t C o o p e r m a n d e n i e dEnglewood's attempt to establish aregional high school district forthe three municipalities, and En-glewood is appealing that part ofhis ruling. Tenafly's final brief,also filed Monday, supported thatpart of the ruling.

"Never before has a school dis-trict been permitted to arbitrarilyselect another separate andautonomous district, with which ithas no formal educational ties, and

SAUL COOPERMANJuly ruling at Issue

target it for takeover," Tenafly'sbrief said.

Cooperman also forbade Tena-fly from accepting private, tuitionstudents from Englewood or En-glewood Cliffs. Tenafly's brief op-posed that ban, saying the practicedoes not harm Dwight Morrow, asCooperman contended.

Page 162: 1987-88 Newspaper Clippings School Regionalization (All)

6 - The Suburbanite Newspapers-Wednesday December 21,1988

The Local Angle

its secondBy Ed KensikStaff Writer

ENGLEWOOD CLIFFS - In itssecond brief filed with the stateboard of education, the boroughschool board said the sending/receiving contract between it andEnglewood "is about excellence ineducation, not race."

"By crying 'Race! Race'.'Englewood hopes to blind the StateBoard of Education to everythingin the record, to substitute hysteriaand wholly subjective factors forobjective measures of schoolperformance, and to avoid therigorous analysis of what hasbrought Dwight Morrow HighSchool to its present site," wroteattorney Joe! Siegal, the attorneyrepresenting Englewood Cliffs inthe litigation.

The litigation battle has turnedmore into a battle of the bnefs aseach of the three communitiesinvolved — Englewood, Englew-ood Cliffs, and Tenafly — respondto their neighbors' claims.

In J u l y , state EducationCommissioner Saul Coopermanreaffirmed Administrative LawJudge Kenneth Springer's rulingupholding the sending'receiving

contract between Englewood andEnglewood Cliffs and blockedEnglewood Cliffs students fromattending Tenafly High School.

Both maintain the loss ofEnglewood Cliffs students wouldbe detrimental to the racial makeupof Dwight Morrow High School.

In Englewood's response briefto Englewood Cliffs' first brief,attorney Arnold Mytelka wrotethat severing the contract betweenthe city and Englewood Cliffs"would decimate the DMHS(Dwight Morrow High School)program."

A final brief from Englewood isexpected Dec. 22 and then the liti-gation will go before the stateBoard of Education's legalcommittee.

According to Siegal, Englew-ood failed to show there would bean adverse affect on education ifthe cont rac t were severed ."Englewood has failed to meet itsburden of showing that severancewould result in a significant nega-tive impact of a tangible natureupon racial balance or educationalquality at Dwight Morrow," hewrote.

Siegal wrote that'Englewood'sbrief was racist and insultinc.

"Indeed, Englewood's brief is soracist and insulting as to claim thatwithout a mere 13 Cliffs children,there are no ambitious, higtiachievers among the Englewoodstudents to populate the collegepreparatory, AP (advanced place-ment) and honors courses.Englewood's limited confidence inthe aptitude and abilities of its ownstudents and limited vision explainwhy DMHS is such a mediocreinstitution."

Siegal also disagreed withEnglewood when it said Englew-ood Cliffs students fare better atDwight Morrow High School. "Ifthis is true as Englewood allegesit's because they are simply not asacademically challenged there,"Siegal wrote.

With the numerous topicsargued between the three sides,Siegal objected to the state Boardof Education about the length ofthe 107-page Englewood brief.Englewood Cliff's second briefwas 29 pages.

"In light of the board's direc-tives regarding appropriate brieflength, the 107-page brief submit-ted by Englewood can only bedescribed as unconscionable."Sie°al wrote.

1

Page 163: 1987-88 Newspaper Clippings School Regionalization (All)

ENGLEWOOD—A brief sche-duled to be filed by the city last weekwas expected to again defend thequality of its high school and theneed for regionalization. The filingconcludes the lastest .segment in athree-year lawsuit involving theschool districts of this community,Englewood Cliffs and Tenafly.

The state Board of Education,which is hearing an appeal in thesuit, reportedly could take as long assix months to a year,to render itsdecision. The litigation has cost En-glewood, Englewood Cliffs, andTenafly nearly S4 million com-bined, according to a published re-port.

In July, state Education Commis-sioner Saul Cooperman issued a rul-ing that bars the Englewood Cliffsschool district from sending its stu-dents to Tenafly High School in-stead of Dwight Morrow HighSchool in Englewood. EnglewoodCliffs is is seeking a reversal of theruling that says it could not sever its23-year sending/receiving rela-tionship with Dwight Morrow.

X-'OOperman reportedly said he foundDwight Morrow offers a more-than-

adequate7 program for its college-bound students.

The commissioner also ruled thatTenafly could not accept private,tuition styudents fromEnglewood orEnglewood Cliffs. Tenafly's briefreportedly opposed the ban, claim-ing the practice does not harm

Dwight Morrow, as jCoopermanclaimed.

Englewood Cliffs, in its finalbrief, rebutted Englewood's conten-tion that racial considerations and'not educational quality are behindthe district's desire to send its stu-dents to Tenafly.