1987-88 Newspaper Clippings School Regionalization (All)

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1987
ENGLEWOOD LIBRARY . 31 ENGLE STREET ENGLEWOOD, NEW JERSEY
21 1994
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ORDER NUMBER 880719-101044-INHOUSE EDITION SECTION PAGE LENGTH SOURCE WITH ART KEY HEAD
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All Bergen Editions.=.Bergen South. Bergen North. Bergen NEWS b03

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The Record
YES ENGLEWOOD. ENGLEWOOD CLIFFS. TENAFLY. SCHOOL. STUDENT. COURT. LAWSUIT. COURT. COST $3M BILL IN DWIGHT-MORROW CASE
BUT SCHOOLS SAY A VITAL PRINCIPLE IS AT STAKE By Ron Hollander, Record Staff Writer
STORY 19 ACCESS DATE EDITION SECTION PAGE LENGTH SOURCE KEY HEAD BY STORY 20 ACCESS I , DATE EDITION 1781098 871014. WEDNESDAY 1844110 871215. TUESDAY
All Bergen Editions.=.Bergen South. Bergen North. Bergen

NEWS bOl 0024.5/0176+ INCHES/LINES
The Record
ENGLEWOOD CLIFFS. ENGLEWOOD. TENAFLY. SCHOOL. LAWSUIT. COURT. STUDENT KEY ISSUE IN CLIFFS SUIT: RACE
By Ron Hollander, Record Staff Writer
ECTION PAGE LENGTH SOURCE KEY HEAD BY STORY 21

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All Bergen Editions.=.Central Bergen. East Bergen/Hudson County. South Bergen. Northern Valley. Pascack Valley. Northwest Bergen. West 2. Bergen North, Bergen South NEWS b05
01./03 00207+ INCHES/LINES The-Record ENGLEWOOD CLIFFS. ENGLEWOOD. TENAFLY. SCHOOL. LAWSUIT. COURT
RULING DUE IN MAY ON CLIFFS SCHOOL SUIT By Ron Hollander, Record Staff Writer
1773118
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The Record
NEW JERSEY. COURT. SCHOOL. ENGLEWOOD CLIFFS. ENGLEWOOD. TENAFLY JUDGE CURBS TESTIMONY OF LAST WITNESS IN SCHOOL CASE
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871002. FRIDAY All Bergen Editions.=.Bergen South. Bergen North. Bergen. ALSO IN.All Passaic Editions.=.Passaic-Morris. Passaic-Essex NEWS b03 00./09 09606+ INCHES/LINES The Record ENGLEWOOD. TENAFLY. ENGLEWOOD CLIFFS. SCHOOL. LAWSUIT. RACE WHITE FLIGHT WON'T FOLLOW EXIT OF CLIFFS STUDENTS, EXPERT SAYS By Ron Hollander, Record Staff Writer
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1765077 870929. TUESDAY All Bergen Editions.=.Bergen South. Bergen North. Bergen. ALSO IN.Passaic-Essex NEWS b03 0018.0/0143+ INCHES/LINES The Record YES ENGLEWOOD. ENGLEWOOD CLIFFS. TENAFLY. SCHOOL. NEW JERSEY. COURT. LAWSUIT DIFFERENCES STRESSED IN SCHOOL SUIT By Ron Hollander, Record Staff Writer
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1761099 870925. FRIDAY All Bergen Editions.=.Bergen South. Bergen North. Bergen NEWS bOl 0025.1/0180+ INCHES/LINES The Record SIDEBAR - The case so far ENGLEWOOD. ENGLEWOOD CLIFFS. TENAFLY. SCHOOL. NEW JERSEY. EDUCATION. COURT. COST. LAWSUIT DWIGHT MORROW LITIGATION IS PART OF A COSTLY TREND By Ron Hollander, Record Staff Writer
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1760082 870924. THURSDAY All Bergen Editions.=.Bergen South. Bergen North. Bergen
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ENGLEWOOD. ENGLEWOOD CLIFFS. TENAFLY. SCHOOL. COST MORROW CASE: REGIONALIZING CALLED COSTLY
BY
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STORY 26 1730113 870825. TUESDAY All Bergen Editions.=.Bergen South. Bergen North. Bergen NEWS
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MAJOR STORY 0036.1/0259+ INCHES/LINES The Record ENGLEWOOD CLIFFS. ENGLEWOOD. TENAFLY. SCHOOL. LAWSUIT. FINANCE. COST. COURT. MINORITY DWIGHT MORROW BATTLE COSTING MILLIONS By Ron Hollander, Record Staff Writer
STORY 27 DATE EDITION SECTION PAGE LENGTH SOURCE KEY HEAD

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1725086 870820. THURSDAY All Bergen Editions.=.Bergen South. Bergen North. Bergen NEWS
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0018.3/0131+ INCHES/LINES The Record ENGLEWOOD. SCHOOL. ATTORNEY. ENGLEWOOD CLIFFS. TENAFLY FINGER-POINTING IN MORROW BATTLE SETTLEMENT HOPES DASHED BY MEETING THAT MIGHT HAVE BEEN By Ron Hollander, Record Staff Writer
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STORY 28 ACCESS DATE EDITION 1717113 870812. WEDNESDAY Northern Valley. ALSO IN.Central Bergen. East Bergen/Hudson County. South Bergen. Pascack Valley. West 2. Bergen North. Bergen South NEWS
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0016.5/0118+ INCHES/LINES The Record NEW JERSEY. COURT. ENGLEWOOD. ENGLEWOOD CLIFFS. TENAFLY. SCHOOL. CONTRACT. LAWSUIT TENAFLY BEGINS TESTIMONY OVER JOINING 2 SCHOOLS By Ron Hollander, Record Staff Writer
1689125 870715. WEDNESDAY All Bergen Editions.=.Central Bergen. East Bergen/Hudson County. South Bergen. Northern Valley. Pascack Valley. Northwest Bergen. West 2. Bergen North.
ORDER NUMBER 880719-101044-INHOUSE -001-002 Bergen South. ALSO IN.Passaic-Morris NEWS b03 0012.5/0089+ INCHES/LINES The Record ENGLEWOOD. ENGLEWOOD CLIFFS. SCHOOL. STUDENT. RACE. BLACK SCHOOL EXODUS FORESEEN By Jean Rimbach, Correspondent
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1659092 870616. TUESDAY All Bergen Editions.=.Bergen South. Bergen North. Bergen NEWS b03 0018.7/0134+ INCHES/LINES The Record NEW JERSEY. COURT. SCHOOL. ENGLEWOOD. ENGLEWOOD CLIFFS. TENAFLY ENGLEWOOD SCHOOL PRAISED FOR DIVERSITY By Jean Rimbach, Correspondent NEWARK
DATELINE >STORY 32 'ACCESS DATE r EDITION \N tPAGE I LENGTH f SOURCE KEY^
1647127 870604. THURSDAY All Bergen Editions.=.Bergen South. Bergen North. Bergen NEWS bOl 0020.2/0145+ INCHES/LINES The Record NEW JERSEY. EDUCATION. COURT. ENGLEWOOD. ENGLEWOOD CLIFFS. TENAFLY. SCHOOL. STUDENT. TEST. RESULT MORROW TEST SCORES UP SHARPLY By Ron Hollander, Staff Writer NEWARK
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1633061 870521. THURSDAY All Bergen Editions.=.Bergen South. Bergen North. Bergen. ALSO IN.Passaic-Morris NEWS c2 ! 0017.5/0125+ INCHES/LINES The Record ENGLEWOOD. ENGLEWOOD CLIFFS. TENAFLY. NEW JERSEY. SCHOOL. RACE. DISCRIMINATION PRINCIPAL CALLS FOR NEW REGIONAL HIGH SCHOOL By Ron Hollander, Staff Writer
ORDER NUMBER 880719-101044-INHOUSE -001-002 DATELINE STORY 33 ACCESS .DATE EDITION
NEWARK
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1629104 870517. SUNDAY All Editions.=.Final. South Bergen. Northwest Bergen. Northern Valley/Pascack Valley. East/Central. Passaic-Morris OPINION 003 LETTER. COLUMN 0022.5/0162+ INCHES/LINES LETTERS The Record ENGLEWOOD. SCHOOL. MINORITY. STATISTIC. ENGLEWOOD CLIFFS PERHAPS CHILDREN CAN SLAY THE DRAGONS OF PREJUDICE DWIGHT MORROW BATTLE A GRIM REMINDER OF RACISM IN AMERICA
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1626110 870514. THURSDAY Bergen North. ALSO IN.Bergen South. Bergen NEWS b03 0014.2/0102 INCHES/LINES The Record ENGLEWOOD. ENGLEWOOD CLIFFS. SCHOOL. OFFICIAL. STUDENT. COURT. BLACK. MINORITY. HISPANIC. RACE. TENAFLY PRINCIPAL ASSAYS DWIGHT MORROW RACIAL MAKEUP By Ron Hollander, Staff Writer NEWARK
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1619083 870507. THURSDAY Bergen North. ALSO IN.Bergen South. Bergen "NEWS b05 0013.2/0094+ INCHES/LINES The Record USA. COURT. ENGLEWOOD. ENGLEWOOD CLIFFS. SCHOOL MORROW PRINCIPAL SEES LIMITED IMPACT By Ron Hollander, Staff Writer NEWARK
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1611101 870430. THURSDAY
ORDER NUMBER 880719-101044-INHOUSE EDITION
-001-002
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Bergen North. ALSO IN.Bergen South. Bergen. Passaic-Morris NEWS
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0022.7/0163+ INCHES/LINES The Record TENAFLY. ENGLEWOOD. ENGLEWOOD CLIFFS. SCHOOL. STUDENT. MINORITY. BLACK. DISCRIMINATION. RACE. COURT. NEW JERSEY RACIAL ISSUES CALLED BASIS OF CLIFFS PLAN By Ron Hollander, Staff Writer
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1610088 870429. WEDNESDAY Northern Valley. ALSO IN.Bergen North NEWS
e03
0009.7/0069+ INCHES/LINES The Record USA. COURT. ENGLEWOOD. ENGLEWOOD CLIFFS. TENAFLY. SCHOOL. LAWSUIT. UNION. EMPLOYMENT MORROW TESTIMONY CITES HOSTILE LABOR RELATIONS IN TENAFLY SCHOOLS By Ron Hollander, Staff Writer NEWARK
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1609126 870428. TUESDAY All Bergen Editions.=.Bergen South. Bergen North. Bergen. ALSO IN.Passaic-Morris NEWS C01 MAJOR STORY 0037.1/0267+ INCHES/LINES The Record YES ENGLEWOOD. ENGLEWOOD CLIFFS. SCHOOL. NEW JERSEY. CpURT. RACE. EDUCATION. TEST. RESULT. LAWSUIT MARROW'S DEFENSE REBUTTING THE CLIFFS By Ron Hollander, Staff Writer
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1590114 870409. THURSDAY Bergen North. ALSO IN.Bergen. Passaic-Morris NEWS b03 0021.9/0157+ INCHES/LINES
ORDER NUMBER 880719-101044-INHOUSE -001-002 SOURCE WITH ART KEY HEAD BY STORY 40 ACCESS DATE EDITION SECTION PAGE LENGTH SOURCE KEY
The Record YES

NEW JERSEY. EDUCATION. SCHOOL. LAWSUIT. ENGLEWOOD. ENGLEWOOD CLIFFS. TENAFLY STATE MAY HAVE BOLSTERED CLIFFS SUIT By Ron Hollander, Staff Writer
HEAD BY STORY 41 ACCESS DATE EDITION SECTION PAGE LENGTH SOURCE WITH ART KEY HEAD BY STORY 42 i ACCESS jDATE I EDITION | SECTION [PAGE LENGTH SOURCE
1574112 870324. TUESDAY All Bergen Editions.=.Bergen South. Bergen North. Bergen NEWS c03 0028.7/02 06-fINCHES/LINES The Record NEW JERSEY. COURT. ENGLEWOOD. ENGLEWOOD CLIFFS. TENAFLY. SCHOOL. LAWSUIT. DISCRIMINATION. FAMILY. OPINION PARTISANS TALK OF SCHOOL SUIT OPPONENTS CALL LAWSUIT RACIST By Dan Garcia, Staff Writer
1574110 870324. TUESDAY All Bergen Editions.=.Bergen South. Bergen North. Bergen NEWS c03 0026.6/0191+ INCHES/LINES The Record YES NEW JERSEY. COURT. LAWSUIT. ENGLEWOOD. ENGLEWOOD CLIFFS. TENAFLY. SCHOOL. STUDENT. OPINION PARTISANS TALK OF SCHOOL SUIT SOME STUDENTS WANT A CHANGE By Lyle V. Harris, Staff Writer
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1570123 870320. FRIDAY ~Bergen North NEWS b03 0009.6/0069+ INCHES/LINES The Record NEW JERSEY. COURT. SCHOOL. ENGLEWOOD. ENGLEWOOD CLIFFS. TENAFLY. LAWSUIT EXPERT: LOSS OF STUDENTS WON'T HURT DWIGHT MORROW 33 WOULD GO TO TENAFLY, COURT TOLD IN BREAKUP SUIT By Ron Hollander, Staff Writer
[STORY 43
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1569121 870319. THURSDAY Bergen North. ALSO IN.Bergen South. Bergen NEWS b03 0018.6/0134+ INCHES/LINES The Record ENGLEWOOD CLIFFS. SCHOOL. MEETING. FINANCE. BUDGET. ATTORNEY. COST. TENAFLY. ENGLEWOOD 9% TAX HIKE TO FUND CLIFFS SCHOOL BATTLE By Jean Rimbach, Correspondent ENGLEWOOD CLIFFS

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1556076 870306. FRIDAY Bergen North. ALSO IN.Bergen NEWS c03 0014.7/0105+ INCHES/LINES The Record ENGLEWOOD CLIFFS. ENGLEWOOD. TENAFLY. SCHOOL. LAWSUIT. NEW JERSEY. COURT JUDGE IN PULLOUT SUIT TOURS AFFECTED SCHOOLS SAYS IMPROMPTU VISITS WON'T INFLUENCE RULING By Dan Garcia, Staff Writer
STORY 45 ACCESS DATE EDITION 1544102 870225. WEDNESDAY Northern Valley. ALSO IN.Central Bergen. Pascack Valley. West 2. Bergen North. Bergen South NEWS d03 0011.8/0085+ INCHES/LINES The Record ENGLEWOOD CLIFFS. ENGLEWOOD. TENAFLY. SCHOOL. COURT. LAWSUIT. EDUCATION MINIMAL IMPACT SEEN IF CLIFFS STUDENTS SHIFT By Dan Garcia, Staff Writer NEWARK

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[STORY 46 i. ACCESS 'DATE 1541188 870222. SUNDAY All Bergen Editions.=.Final. South Bergen. Northwest Bergen. Northern Valley/Pascack Valley. East/Central NEWS a21 0031.4/0225+ INCHES/LINES
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ENGLEWOOD. SCHOOL. RACE. DISCRIMINATION. BLACK. ENGLEWOOD CLIFFS. LAWSUIT A CITY'S STRUGGLE FOR RACE BALANCE
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By Dan Garcia, Staff Writer
HEAD STORY 48 ACCESS t)ATE EDITION
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1534062 870215. SUNDAY All Editions.=.Final. South Bergen. Northwest Bergen. Northern Valley/Pascack Valley. East/Central. Passaic-Morris OPINION o03 COLUMN. LETTER 0016.6/0119+ INCHES/LINES LETTERS The Record ENGLEWOOD. TENAFLY. ENGLEWOOD CLIFFS. SCHOOL. MONEY. LIBRARY. STUDENT. THE RECORD. RACE PUPILS GIVE SCHOOL HIGH MARKS ENGLEWOOD'S RACIAL DIVERSITY A PLUS
SECTION PAGE 'TYPE LENGTH COLUMN ' SOURCE HEAD :STORY 49
1530005 870211. WEDNESDAY All Editions.=.Central Bergen. East Bergen/Hudson County. South Bergen. Northern Valley. Pascack Valley. Northwest Bergen. West 2. Bergen North. Bergen South. Passaic-Morris OPINION a26 COLUMN. LETTER 0008.0/0057+ INCHES/LINES LETTERS The Record ENGLEWOOD. ENGLEWOOD CLIFFS. STUDENT. BEHAVIOR. SCHOOL DISCIPLINING STUDENTS
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1521107 870202. MONDAY All Editions.=.Bergen. Passaic-Morris NEWS a03 CORRECTION 0002.0/0014+ INCHES/LINES The Record ENGLEWOOD. ENGLEWOOD CLIFFS. TENAFLY. SCHOOL. LAWSUIT CORRECTION
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870130. FRIDAY All Editions.=.Bergen South. Bergen North. Bergen. Passaic-Morris OPINION a26 COLUMN. LETTER 0006.2/0044+ INCHES/LINES LETTERS The Record THE RECORD. SCHOOL. ENGLEWOOD. ENGLEWOOD CLIFFS. MINORITY. DISCRIMINATION THE RIGHT CHOICE
ORDER NUMBER 880719-101044-INHOUSE
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870127. TUESDAY All Bergen Editions.=.Bergen South/Bergen North. Bergen NEWS cOl 0020.5/0147+ INCHES/LINES CORRECTION - Because of an editing error, The Record on Tuesday erroneously reported that witnesses in a lawsuit against the Englewood Board of Education had asserted that the lawsuit is racially motivated and that Dwight Morrow High School is equal academically to Tenafly High School. Those comments were made by Englewood supporters before the hearing, not during the hearing itself. (PUBLISHED MONDAY, FEBRUARY 2, 1987, page a03, all editions.) The Record NEW JERSEY. COURT. ENGLEWOOD. ENGLEWOOD CLIFFS. TENAFLY. SCHOOL. LAWSUIT. ATTORNEY. COST MORROW BATTLE IS COSTLY TAB MAY REACH $1.5 MILLION By Dan Garcia, Staff Writer
STORY 52 1509120 870121. WEDNESDAY Northern Valley. ALSO IN.Central Bergen. East Bergen/Hudson County. South Bergen. Pascack Valley. West 2. Bergen North. Bergen South. Passaic-Morris NEWS d03 00./06 09206+ INCHES/LINES The Record YES ENGLEWOOD CLIFFS. ENGLEWOOD. TENAFLY. SCHOOL. CONTRACT. NEW JERSEY. COURT. LAWSUIT. SAFETY TESTIMONY ON DECISION TO CUT SCHOOL LINK By Jean Rimbach, Correspondent NEWARK
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1504050 870116. FRIDAY All Bergen Editions.=.Bergen South. Bergen North. Bergen NEWS c05 0022.0/0165+ INCHES/LINES The Record ENGLEWOOD CLIFFS. ENGLEWOOD. SCHOOL. BLACK. STUDENT.
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RACE. DISCRIMINATION. COURT. NEWARK EVIDENCE DISPUTES DAD ON DAUGHTER'S MISERY AT MORROW By Dan Garcia, Staff Writer NEWARK
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1503085 870115. THURSDAY All Bergen Editions.=.Bergen South. Bergen North. Bergen. ALSO IN.Passaic-Morris NEWS b3 ! 0015.7/0113 INCHES/LINES The Record NEW JERSEY. COURT. SCHOOL. ENGLEWOOD. TENAFLY. ENGLEWOOD. ENGLEWOOD CLIFFS. RACE EXODUS FROM MORROW HIGH IS DESCRIBED By Dan Garcia, Staff Writer NEWARK
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1503014 870115. THURSDAY All Bergen Editions.=.Bergen South. Bergen North. Bergen. ALSO IN.Passaic-Morris NEWS bOl 0022.9/01654INCHES/ LINES The Record YES ENGLEWOOD. SCHOOL. RACE. SOCIETY. TENAFLY. ENGLEWOOD CLIFFS. YOUTH *WE ARE ALL FRIENDS HERE' STUDENTS SPEAK UP FOR DWIGHT MORROW By Lyle V. Harris, Staff Writer
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1503013 870115. THURSDAY All Editions.=.Bergen South. Bergen North. Bergen. Passaic-Morris OPINION a23 COLUMN. OP-ED 0023.0/0172+ INCHES/LINES The Record ENGLEWOOD. ENGLEWOOD CLIFFS. TENAFLY. SCHOOL. STUDENT. BLACK. MINORITY. DISCRIMINATION. COURT BLACK KIDS HERE, WHITE KIDS THERE DAVID CORCORAN
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1502155 870114. WEDNESDAY All Bergen Editions.=.Central Bergen. East Bergen/Hudson County. South Bergen. Northern Valley. Pascack Valley. Northwest Bergen. West 2. Bergen North. Bergen South NEWS
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0024.7/0177+ INCHES/LINES The Record ENGLEWOOD CLIFFS. ENGLEWOOD. TENAFLY. LAWSUIT. SCHOOL. DISCRIMINATION. RACE. BLACK. STUDENT DAD TELLS OF RACISM AT H.S. By Dan Garcia, Staff Writer NEWARK
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1497107 870109. FRIDAY All Bergen Editions.=.Bergen South. Bergen North. Bergen NEWS cOl 0017.0/0129+ INCHES/LINES The Record ENGLEWOOD CLIFFS. ENGLEWOOD. TENAFLY. SCHOOL. RACE RACE CITED IN EXODUS FROM SCHOOL By Dan Garcia, Staff Writer
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1496126 870108. THURSDAY All Bergen Editions.=.Bergen South. Bergen North. Bergen. ALSO IN.Passaic-Morris NEWS
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MAJOR STORY 0034^.7/0249+ INCHES/LINES The Record YES ENGLEWOOD. SCHOOL. ENGLEWOOD CLIFFS. TENAFLY. STUDENT. VIOLENCE. VANDALISM. RACE. COURT. NEW JERSEY ENGLEWOOD HIGH SCHOOL LAMBASTED By Dan Garcia, Staff Writer NEWARK
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1496105 870108. THURSDAY Bergen North.
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ALSO IN.Bergen NEWS b03 0015.7/0112+ INCHES/LINES The Record YES ENGLEWOOD CLIFFS. SCHOOL. OFFICIAL. COURT. ENGLEWOOD. STUDENT RIFT CAUSED SUPERINTENDENT TO RETIRE By Jean Rirobach, Correspondent NEWARK
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1492188 870104. SUNDAY All Bergen Editions.=.Final. South Bergen. Northwest Bergen. Northern Valley/Pascack Valley. East/Central NEWS a21 0038.2/0275+ INCHES/LINES The Record TENAFLY. ENGLEWOOD. ENGLEWOOD CLIFFS. LAWSUIT. SCHOOL. STUDENT SCHOOL PULLOUT SUIT TO BEGIN CLIFFS WANTS OUT OF DWIGHT MORROW By Dan Garcia, Staff Writer
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1451089 861125. TUESDAY Northern Valley NEWS c06 0008.9/0063+ INCHES/LINES The Record
TENAFLY. SCHOOL. ENGLEWOOD. ENGLEWOOD CLIFFS TENAFLY SCHOOLS LOSE A PRELIMINARY ROUND
By John H. Kuhn, Staff Writer

TENAFLY
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1423104 861028. TUESDAY
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0007.9/0056+ INCHES/LINES The Record TENAFLY. SCHOOL. MEETING. APPOINTMENT. ENGLEWOOD. ENGLEWOOD CLIFFS. STUDENT. LAWSUIT TENAFLY TRUSTEES HIRE 2 TO AID IN LEGAL FIGHT By John H. Kuhn, Staff Writer
The first court hearing on litigation pitting the Englewood school district against its counterparts in Englewood Cliffs and Tenafly was slated to be convened in Newark today, after Administrative, Law Judge Kenneth Springer granted a two-day delay in the proceedings. Englewood Cliffs attorney John Degnan will present his arguments first, and is expected to call his initial witness during the first of 28 scheduled hearing dates. The. brief delay was sought after Tenafly attorney James Rothschild-was slightly injured in a skiing accident. ' , Witnesses are expected to be called by each of the three litigants, and data
School hearings start Wed. ^

gathered from consultants' visits to both Tenafly and Dwight Morrow high schools will be brought out as expert testimony. Reports on those visitations will also be released; they have so far been sealed from the press and public. In the litigation, Englewood Cliffs is seeking to sever its sending/receiving relationship with Dwight Morrow in Englewood and instead establish a similar contract with Tenafly High School. Englewood, meanwhile, wants to bar Tenafly froiq accepting any more ..tuition students' and v?riraraue';that a single/regionalized high'school should be created to incorporate all three districts.
/Towns CLOSTER CRESSKILL DEMAREST ENGLEWOOD ENGLEWOODCLIFFS HARRINGTON PARK HAWORTH NORTHVALE NORWOOD RIVER VALE TEANECK TENAFLY TOTALS COUNTY , , , . . ; - , .
1986 populations
8MQ
7,61}
4,951 23,485 5,741 4,612 3,432 5,022 4,545 9,812 38,514 13,408 129,293 : '486,356. .. . . . . > '...,. *T**' T* **'!. |
1 1
1985 populations
8,170
,'
7,682 4,977 23,675 5,747 4,634 3,452 5,048 4,497 9,802 38,981 13,500 130165 . '. " i .,' 488,151 TT' i
-1 .1. ! t ;,!-, ( . , , - ,
Qrtiirro- Ri>i"O(n Tnuntv Utilities Authorifv 1987 hUdaet reoort '
Dr. France takes stand, Degnan presents case

Former Englewood Cliffs Schools Supt. Dr. Harold France was expected to complete his testimony yesterday at a Newark hearing pitting the Englewood school district against its counterparts in Englewood Cliffs and Tenafly. Administrative Law Judge Kenneth Springer convened the first of the . scheduled 28 hearing dates last Wednesday, and France was the first witness called by Cliffs attorney John Degnan. The attorney delivered a blistering criticism of Dwight Morrow High School in Englewood during his opening remarks. France, who led the K-8 Cliffs district from 1973 until September 1986, testified that parents had sought to pull their children out of Dwight Morrow High School for several years. He was crossexamined by Englewood attorney Arnold Mytelka. Tenafly attorney James Rothschild is slated as next in line to argue his case and present witnesses once Degnan has completedJhis testimony. Degnan said he will put educational experts retained by the Cliffs on the stand sometime next week to testify about the data they collected during a fall visit to Dwight Morrow. The litigation pits Englewood against the other two districts in an effort by the <Cliffs to sever its contract with the city under which its students attend Dwight Morrow. The Cliffs wants to establish a similar contract with Tenafly High School. Meanwhile, Englewood is seeking to bar Tenafly from accepting any more tuition students from the Cliffs. Myltelka will also argue for the creation of a regionalized high school incorporating all three districts. The hearing is slated to end sometime in March, after which Springer will collect post-trial briefs and submit a recommendation to the state Commissioner of Education. '
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Consultants' reports on Englewood, Tenafly schools revealed
By Bob Wat-burton Staff Writer Dwight Morrow High School in Englewood suffers from "administrative instability" and a "negative" atmosphere where improvement is not ready to begin, educational consultants hired by the Englewood Cliffs school district have concluded. "Poor climate, undefined roles, people shuffling, bureaucratic meetings (and) lack of follow-through seem to be entrenched within the school's culture," the Cliffs' study stated, pointing to low student attendance, high dropout and suspension rates and "a high incidence of destructive vandalism." But those experts, hired as part of longwinding litigation through which Englewood Cliffs hopes to sever its contractual ties with Englewood and instead send its students to Tenafly High School, did not go unchallenged. Indeed, in a separate report using its own experts, Englewood asserted that its high school offers a "quality education" amid student, faculty and curricular diversity. Not surprisingly, Tenafly's own batch of experts joined with their Cliffs counterparts to laud the offerings at Tenafly High School. But Tenafly, for its part, stopped far short of offering a condemnation of Dwight Morrow, as it both criticized various aspects of the facility but also reserved some compliments for it. The three so-called visitation reports were released last week after they had been sealed from public scrutiny for nearly two months awaiting the start of a hearing in Newark before Administrative Law Judge Kenneth Springer. Hearings began last Wednesday.
While Englewood Cliffs is fighting for the right to contract with the Tenafly school district, the three systems are also-embroiled in two other legal oonIroversiesriEnglc - * -- - -
case somewhat with its counterargument that Tenafly should be barred from accepting any more tuition-paying Cliffs students and that all three districts should be merged into a regionalized high school. The case has been allotted 28-hearing days by Springer, after which he will make a recommendation to the state Commissioner of Education. Cliffs report Dwight Morrow students, faculty and administrators were all dealt poor marks by Educational Administration Associates the Glassboro, NJ. firm hired by Englewood Cliffs. Their 240page report cited "a sustained history of administrative instability" which has significantly weakened the school and recent turnover in the superintendent's post and the principalship. "This instability has resulted in an ineffective and dysfunctional educational organization characterized by low staff morale, poor communications, inadequate planning and inconsistent program delivery," the report states. It also maintains that "faculty members possess a "profoundly ingrained state of frustration and denial" about the current state of the school. The school's physical condition also met with criticism, as the experts said it shows "evidence of consistent, long standing abuse and administrative/school district neglect." The consultants concluded that, if the Cliffs' current ties with Englewood were cut, Dwight Morrow's physical plant and programs would not suffer. As well, the report maintains, "no significant negative impact upon the ethnic composition of the student population" would result.
Englewood's case
experts, retained to evaluate the current condition of Dwight Morrow, obviously differed. "DMHS compares favorably with Tenafly High School," Dr. Alma McCloud Evans, an educational consultant, concluded in her report. "But DMHS has the added advantage of a diverse student population a quality which ranks it among the very distinctive high schools in New Jersey." On the other hand, Dr. Evans added, if Tenafly were to accept Cliffs students, its reputation as a "white academy" would be reinforced.
"In my opinion," she wrote, "th departure of Englewood Cliffs studen would cause White and Asian studen from Englewood to leave DMHS, follow ed in rapid succession by Black an Hispanic middle-class Englewoo students. DMHS would become an a Black and Hispanic, and increasing poor, high school..." Dr. Robert Fleischer, a former teache and administrator, underscored th district's objection to Tenafly's wi ingness to accept Cliffs students. See CONSULTANTS, Page
' *(Continued from page 3) he wrote. City Engineer Kenneth Albert noted that "Tenafly's policy of .Englewood is "comaccepting private tuition mitted" to a capital prostudents subverts state gram which will make policy, on racial balance, the high school "one of has undermined the sen- the finest... facilities in ding/receiving relation- New Jersey." ship between Englewood And Dr. Margaret Cliffs and Englewood, -Goertz, an educational and has already begun to research scientist at cause Englewood Princeton, predicted serious educational, that the student populafiscal and racial harm," tion at Dwight Morrow
Consultants reports paint different pix

would drop "more than 40 percent" if ties with the Cliffs were severed, "leaving the high school with only 553 students by 1989-90.'* Tenafly's,findings Some criticisms of Dwight Morrow brought out in the -Englewood Cliffs report were reinforced by the Washington D.C. firm of
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be considerable," the report cautioned,1 citing great demands on staff Cresap, McCormick and tion students from the and management perPaget, the educational Cliffs. sonnel. "Each school consultants hired by The pros and cons of a would lose its character Tenafly. regionalized high school and distinetlveness," it Those experts also were also examined in cited an "instability in depth by the Tenafly exleadership" at Dwight perts. Morrow along with "a, They concluded that need to improve test the regionalization scores and reduce w o u l d " p r o v i d e absence rates, dropouts, somewhat expanded and suspensions and van- improved programs.as a dalism." consequence of the But the report lauded larger size" and "result recent efforts to right in a more racially the school's direction by balanced student body the new. "leadership than currently exists in team" at Dwight Mor- either Tenafly or Dwight row, led by. Schools Supt. Morrow high schools..." Larry Leverett and prin- As well, they wrote, cipal Richard Segall. students would have a Tenafly estimated that "more diverse social a new sending/receiving and c u l t u r a l e xrelationship between. perience." Tenafly and Englewood But the cost of Cliffs would result in the creating and maintainloss of just 29 students ing a regionalized high from Dwight Morrow school program "would High School. On the other hand, it argued, "a f negative impact on thei' delivery of educational: services" would be felt' in Tenafly if that high: school were barred from receiving any more tuti-
cautioned. As a result, the e perts concluded, "TJ benefits associated wi establishing a region high school do not justi the costs."
hearings Englewood districts beg Cliffs atton testimony f hired by tha James li Tenafly, sal the hearing days origin* has been pi first expecte Dr. Edwa; for the Glaf tional Adm
BidtoA H. ~
'd a Mostly Black Jersey School
Legal battle: Officials in Englew children to Tenafly High School,
whereby its students attend Dwight Morrow, where 81 percent of the 887 rolled in Tenafly High School and the students are black or Hispanic stu parents must pay $4,990 a year in tui- of Englewood Cliffs testified thai in keeping children dents; many white parents in Engle- tion for their children to 'attend. In Dwight Morrow has low test scores, ing with high-schoc wood send their children to private or addition, 13 students from Englewood was beset with problems and that] Geiger said. "These white students often felt unwelcome at' parochial schools. Although Tenafly attend the high school in Tenafly. the school. They said that parents were focus that are relev High School has a significant Asian enThe dissatisfaction with Dwight Mor- abandoning the public school and were tional needs of our rollment 158 students only 23 of row High School is exemplified by the seeking to place their children lege acceptance rate the 941 students there are black or His- fact that only 3 of Che 42 eighth graders school environment that was more in a year, is approximate conpanic students. who graduated in Englewood Cliffs last ducive to learning. while at Tenafly, it's I But in recent years and in increasing June entered Dwight Morrow in Sep- Carin J. Geiger, president of the En- Englewood Cliffs o lumbers, Englewood Cliffs's parents tember. In all, there are 33 Englewood glewood Cliffs School Board, said the a study showing that lave been paying to send their children Cliffs students at Dwight Morrow. issue was not one of race but the fact Dwight Morrow had o Tenafly High School and to private Criticism of High School that Tenafly provides a better educa in the county in the H tion. ind parochial schools. There are curciency Test, with 74. At a recent hearing before Judge ently 63 Englewood Cliffs students enKen R. Springer, school board officials lals and focus of Dwight Mor- students passing the School is primarily oriented 5fi.7 percent passing ( test. Tenafly student!
tieduled two-week recess in c hearings involving the Tenafly, Englewood and Englewood Cliffs school districts began last week in Newark after Cliffs attorney John Degnan concluded testimony from an educational expert hired by that district. James Rothschild, the attorney for Tenafly, said all three lawyers agree that the'hearing will last longer than the 28 days originally allotted for it. Testimony has been proceeding more slowly than . first expected, Rothschild said. Dr. Edward White, a project manager for the Glassboro, N.J. firm of Educational Administration Associates, was
school litigation to resume next week

questioned last week about the current state of Dwight Morrow High School in Englewood, he said. White testified that the school suffers from several problems, including vandalism, arson and administrative instability the same conclusions he delivered in a written report based on a visit to the school, Englewood Schools Supt. Larry Leverett said Monday. Rothschild said Degnan will likely call "several" more expert witnesses to the stand. Meanwhile, the Tenafly attorney said he will only call one primary educational expert. Englewood attorney Arnold Mvtelka is expected to begin cross examination of White when the hearing re-convenes next week before Administrative Law Judge Kenneth Springer, Rothschild said'. My telka is vacationing this week. Degnan has already called former Cliffs Schools Supt. Harold France and current board of education president Carin Geiger as witnesses. Both testified that Dwight Morrow is no longer suitable for Cliffs students due to deteriorating conditions, Rothschild added. Englewood Cliffs is arguing for the, right to sever its sending/receiving relationship with the city under which its high school students attend Dwight Mar-
row. Instead, the Clilffs wants to establish a similar contract with Tenafly High School, But Englewood wants to bar Tenafly from accepting any more tuition students and is arguing that all three systems should be incorporated into a single high school district. Tenafly will be next to offer testimony on the sending/receiving agreement. The litigants will then present their respective arguments on the regionalized high school concept. Rothschild said some discussion of the regionalization has taken place, as Springer has been "flexible" about the content of testimony.
f 71 - The North Jersey Suburbanite-Wednesday, February 4,1987
Suit portends deepening racial crisis

Dear Editor: The reports of so-called "experts" ftired by,Englewood Cliffs, Tenafly and Englewoocfdo very little to illuminate the current litigation involving the three school districts. Like psychiatrists for the prosecution and defense, each is paid to reflect the point of view of the district which paid the bill. What is really at stake here is fairness and justice. What we are witnessing is a pivotal case which will define the state of New Jersey's position on reinstitutionalizing segregation in our public schools. No one wbo looks deeply at the situation can fail to understand its meaning and ramifications. The legal actions of the Englewood Cliffs Board of Education to sever its ties with Dwight Morrow High School is a racial attack which differs from the recent incidents at Howard Beach only in degree. Some racists express their malevolence in street violence, others have the economic means to express their bigotry in court. The current national political climate condones the resurgence of both legal and illegal assaults on black people and on racial equality. Our three Bergen County communities are on the cutting edpe of an ominous step backwards. Englewood Cliffs litigants hope to get a state "stamp of approve/" for the prejudice which has already motivated them to remove the majority of their children from Dwighi Morrow. Despite the claims and fluff which have been invented to obscure the issue, no one can seriously doubt their racial motivations. (Try imagining the situation in reverse to see how ludicrous it would seem.) Whether there are 29,290 or two Englewood Cliffs youngsters currently attending Dwight Morrow, the principle is the same: Will the state accept a de facto segregation and make it de jure? By allowing Englewood Cliffs to legally send its children to Tenafly High School just because so many now attend, the state will be approving racism as a factor in determining which public schools will be attended by whom. In our country, for better or worse, people can still elect to send their children to private schools for any reason, including bigotry, but this generaBy has a high price tag. To avoid integration in the south, many whites set up costly private academies. The Englewood Cliffs litigants want this white academy system, too, but they don-'t want to pay for it. They want it established at public expense and with legal blessing. For Tenafly to participate in this lawsuit and to accept Englewood Cliffs students on this basis is, frankly, an immoral and mercenary position. Regardless of the "quality" of their schools schools in nigh-income communities always do better in national testing due to the advantages money will buy they are the receivers of such a potential windfall primarily because of the complexion of their town and schools. If the Tenafly and Englewood Cliffs litigants were genuinely interested in quality education with racial and cultural diversity, then the Englewood counter-proposal for a regional high school would be roundly embraced by them, regardless of the costs cited in the Tenafly experts' report. Costs, no matter how high, have not inhibited either Tenafly or Englewood Cliffs from initiating this disgraceful lawsuit in the first place. But this is noi the real goal of these two boards of education If the State of New Jersey sides with them in this case, it will be a sad and inglorious day and, like the Howard Beach attacks, could portend a deepening crisis in race relations in this country. Is this the future we wish to hand on to our children, black and white? Ann Sparanese Bob Guild Engiewood
Dates added
Thirty-one dates have been added to the hearing before state Administrative Law Judge Kenneth Springer in Newark in litigation involving the Tenafly, Englewood and Englewood Cliffs school districts, attorneys confirmed this week. The hearing, originally slated to end by early next month, will now continue through April and into May, Englewood attorney Arnold Mytelka said. "Everyone perceives the trial to be going a little bit more slowly than everyone originally thought it would," agreed Tenafly attorney James Rothschild, who has yet to call his first witness. Springer will reconvene the hearing tomorrow, after a two-week recess granted to Mytelka for his vacation time. The lawyer for the Englewood schools is expected to begin his cross-examination of an expert witness called by Cliffs attorney John Degnan. March 5 had been the original cutoff, but attorneys for the three sides agreed by consensus that additional court dates would be needed. After another two-week hiatus, the hearing will reconvene on March 19. Springer has set aside eight days in March, 13 in April and 10 more in May for additional court dates. May 22 is the final scheduled day. "We're trying to be very pragmatic about this," Mytela offered. "What this does is add flexibility to the case. You ân't predict how long testimony is going - to be." The original allotment of 28 days has been reduced by snow days and other unexpected delays, Mytelka noted. Englewood Cliffs is arguing for the right to sever its contract with Englewood under which its students attend Dwight Morrow High School. Instead, it wants to establish a similar relationship with Tenafly High School. Meanwhile, Mytelka is asking that Tenafly be barred from accepting any tuition-paying students from Englewood. That portion of the case is being argued now before Springer, as Englewood's main goal to have all three districts incorporated into a single regionalized high school will be addressed later.
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Second extension set by Newark judge
By Bob Warburton Staff Writer
School litigation slated till end of Sept

corporated into a single regional high school. BothJTenafly and Englewood have yet to call a witness or begin arguing their cases before the court. Reaction Englewood Schools Supt. Larry Leverett said he was not disturbed by the extension. "The process itself warrants the period of time that has been allocated," he said. . The need for more court dates is "just another example of how intricate and complicated this litigation is," Leverett added. Tenafly Schools Supt. Dr. Gerald DeGrow remarked, "The only reason I'm not surprised is that after the first week of the hearing, I began to perceive that the questioning was very minute and time consuming." DeGrow said the extension will not force Tenafly to amend its budget allocation of $275,000 for the litigation. Educational experts for Englewood Cliffs have testified recently as to the educational, demographic and financial implications of that district's decision to
Meanwhile, Mytelka is asking that Tenafly be barred from accepting any more tuition-paying students from the Cliffs., And when the hearing enters its second phase,> Englewood will >likewise 1
A second extension has been ordered in the Newark court hearing involving the Englewood, Englewood Cliffs and Tenafly school districts, officials for the litigants announced last week. The case is now slated to end Sept. 30. "I think it's moving slower than initially expected," said Glen Curving, an attorney for Tenafly. The hearing before an administrative law judge had originally been scheduled to end March 5 after 28 hearing dates, but was subsequently stretched to May 22 for another 31 days of hearings. With this latest extension, a total of 62 more trial days have now been added, with as many as 13 expected for both April and June. Curving said Judge Kenneth Springer and counsel for all three 'districts "jointly agreed" to schedule the trial dates into the fall. "Calculations were made by the lawyers as to what witnesses will have to be called," said Arnold Mytelka, the Englewood attorney, adding that he was "unhappy that the case is taking this long to try." "I certainly would rather see it proceed 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 right to sever its sending-receivong relationship with Englewood under which its students attend Dwight Morrow High School in the city. The Cliffs wants to establish a similar contract with Tenafly.
seek to sever its contract with Dwight Morrow. The agreement was forged in the late 1960s. Springer will hand down his recommendation on both questions once testimony is concluded and post-trial briefs are filed. The case will then be refe'rred to state Commissioner of Education Saul Cooperman, and appeals may take place later. Leverett, for one, said he has "resigned himself" to the notion that the litigation's "ultimate" conclusion may not be reached for another "18 months to two years."
discounts lawsuit's effect on budset

ENGLEWOOD CLIFFS Most taxpayers are not disgruntled over the amount of funds allocated for ongoing litigation against the Englewood school system, Englewood Cliffs trustees believe, despite last week's defeat of the district's $3.7 million current expense budget. "We have a very supportive community behind our decision to terminate our relationship with Dwight Morrow High School" board of education president Carin Geiger asserted Friday The $3,786,904 spending formula lost by 89 votes in last Tuesday's election, with just over 14 percent of registered voters casting ballots. It was the third year in a row the Cliff a fi/.hi budget has ~ A total of $320,000 was allocated in the school taxes set to rise 12.6 cents per $100 set to per of assessed valuation TH,.,,,,,,^ *li of assessed valuation. Three-quarters of that increase can be traced to the litigation costs, board secretary Michael Hayser said Monday. Englewood Cliffs is suing to terminate its sending-receiving contract with Englewood, whereby Cliffs teen-agers attend Dwight Morrow High School in the city. The case is currently being heard by Administrative Law Judge Kenneth Springer in a hearing which is scheduled to end by Sept. 30. "The budget in Englewood Cliffs has a history of not being passed each year," said Mrs. Geiger, who added that she was not surprised by this year's defeat. a facto?"' Ut' She Said' "r think it>s
Pr tUmUt
keeping expenditures at last year's level,
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Mrs Geiger said m , n .** * *|^ * Mrs. Geiger said. No staff positions were i1,8:u?lger.saicl- No staff Positions were -Th na^nt.,^T, come out to vote " "The parents didn't reduced to fund the litigation, she said she said. "It's a shame. This has been goalthough some aides and teachers will Ing on for so many years I don't know not be rehired; Along with legal costs the only other major expenditure was $62 000 what the cause is." for new classroom computer equipment The budget passed only in the first she said. ' district which, trustees said, contains the "The litigation is something that majority of senior citizens in the everyone is in favor of," trustee Lynn borough. So any claim that taxpayers Liaskos agreed. "I have rarely seen that with no children in the district united to budge,t passed." The. district currently serves 489 vote the budget down would be false students, including 48 eighth-graders Mrs. Geiger said. "I'm very proud of our ..win. will be eligible to attend Dwight senior citizens," offered Ms. Liaskos Morrow next year. wB"i Mayor Joseph Parisi and the borougn 'I.' "Oelieve the budget defeat has council can now make cuts in the budgei .nothing to do with legal fees," said though they are legally prevented from .trustee Sadri Garakanl, who ran unopdictating where specific reductions must posed, for a second term this year "Our oudgets are defeated yearly." be made. Trustees can appeal any cuts to In a'year with no contested election the state Commissioner of Education many of the school parents who otherAn initial decision on how much to wise may have favored the budget simpslash may be made in about three weeks Iv did not bother to vote **" n ' Parisi said. The governing body is not legally bound to make cuts
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ENGLEWOOD - A resolution supporting "in principle" the board of education's ongoing litigation with the Englewood Cliffs and Tenafly school districts won the endorsement of the city council last week. Council members Wednesday worked to rephrase the resolution so that It would not Imply a pledge to supply financial backing to the school district's legal fight. "I don't want them to think for a moment that we have monies for that," Council President Carol Feinstein said, adding, "Philosophically, I'm in agreement." The council was expected to pass the message unanimously last night.
Englewood is seeking through the litigation to create a single, regionalized high school to encompass all three local districts as well as to bar Tenafly High School from accepting any more tuitionpaying students from Englewood Cliffs. The Cliffs, meanwhile, Is suing to sever |'o cpndlng-recelvlng relationship with
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the city under which its students attend Dwight Morrow High School. The case is currently being heard by an Administrative Law judge in a Newark courtroom. That hearing Is scheduled to end by Sept. 30. Councllwoman Shirley Lacy, for one, believes the case Is of such "significance and magnitude" that the city should not rule out the possibility of financial support to assist the board In paying legal fees. "I'm willing to support (the litigation) to the extent of putting money into it, if that becomes necessary," Mrs. Lacy said. And Mayor Steven Rothman added, "I wholeheartedly support.Councllwoman Lacy's position on this matter."
Schools Supt. Larry Leverett, for his part, commented, "At the appropriate time, the board of education will work through those Issues. I don't think there's anything immediately we need to attend to." 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 from council passage of the 1987-88 school budget, have been made, Leverett said. The district set aside $200,000 in the budget for legal fees next yeai*.
"Leaders from both sides of the aisle have been talking about the need for cooperation," the superintendent said. Attorneys for the school board had not requested any show of support from the council, he said.
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Englewood lawyers okay 20 percent reduction in bills in school lawsuit

ByBobWarburton Staff Writer ENGLEWOOD - Attorneys for the city's public school district have agreed to reduce their bills for hourly work by 20 percent during the ongoing litigation with the Englewood Cliffs and Tenafly school systems. Salvatore Alfano, a senior litigating attorney for the Newark firm of Clapp & Eisenberg, confirmed that he agreed to .the discount in March, acting on Mayor Steven Rothman's request for some type of financial savings. "The city of Englewood has been a very good client," Alfano said Friday. "We have a good client who we feel is committed to a very substantial secial issue. And we understand thaf the cost of this 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 update of the case's progress. Before concluding the meeting, the mayor said, nw* asked Alfano if he could arrange some sort of fee savings. The March session coincided with Rothman's work in helping to forge a 1987-88 schools budget with the board of school estimate, a joint city-school panel which is chaired by the mayor. "While we were discussing the very difficult negotiations in hammering out a school budget, this was an opportune time to raise the issue with the school's law firm," Rothman said. "The atmosphere was then right for me to negotiate a reduction in legal fees," he added. Englewood budgeted $200,000 for legal expenses next year. Paul Tractenberg and Arnold Mytelka, two of the city's attorneys, earn $150 and $105 an hour, respectively. spirit in which I suggested a cut in fees." The Englewood district is now in a Newark courtroom asking an administrative law judge to create a regionalized high school incorporating students from Tenafly and the Cliffs. And Mytelka, who has handled the trial work for Englewood, said he will begin calling witnesses for the city this week. He remained tight-lipped, however, on who would be the first to testify. Meanwhile, Englewood Cliffs is suing to sever its sending-receiving contract with Englewood under which its students attend Dwight Morrow High School in the . city; it instead wants a similar arrangement with Tenafly High School, which currently accepts non-resident students on a tuition-paying basis. Englewood is f asking the court to bar Tenafly from accepting any more tuition-paying students from the Cliffs. Alfano said his firm'-has offered a percentage discount to other clients involved in extensive legal proceedings. He would not speculate how much Englewood might save through the agreement. '
A good deal
"I was very pleased," said Rothman. "I thought this was something above and beyond the call of duty. But I felt as one lawyer that my request to another lawyer would be received in the true
estimony concludes in school-district litigation

lyBobWartHirton 4**4i**i******f'' a regionalized agreement impractical Writer .and detrimental to the borough's school system. final witness in the litigation pitEnglewood 'is suing to create a pting the Engtewood school district regionalized high school incorporating ^;agatost both the Englewood Cliffs and students from the three high schools.. The l/Tenafly school systems testified last city's board of education also wants the k'week, as the 10-month trial came to a court to bar the Tenafly schools from accepting any more tuition-paying students rt . Carin Geiger, former president of the from the Cliffs. ^ Englewood Cliffs board of education and 1 The Cliffs board of education wants to / stili.a trustee them, was the final witness void a sendlng-receiving contract with to testify for the Englewood Cliffs Englewood, whereby its students attend system's attorney, John Degnan. Dwight Morrow High School in the city. |r Geiger's testimony buttressed Instead, trustees want to send their . Degoan's contention that a regionalized students to Tenafly High School. high school Incorporating all three high schools would not be feasible for the A 10-month case Cliffs, the attorney said. "We proved what we had to prove," Administrative Law Judge Kenneth Springer convened the Newark hearing caidof the lengthy court proceedings. Jan. S, and the proceedings wound Into Only about 22 Cliffs students are attenOctoberfollowinga series of extensions. 4tag Englewood'8 Owlght Morrow High "The trial Uwted longer than anyone **.. _ ..,,.,.._, .^,, 'expected," said James Rothschild, the Post-trial briefs from Uie three lawyers are due in about.two months, and Springer's recommendation toBtate Commissioner of EducatiqnSauI Cooperman is expected another'two months after that deadline. Cooperman's decision is due next March, at which time an appeal could be filed to have the state board of education rule on the case 45 days later. Finally, the Appellate Division of the state Superior Court could hear the matter. Asked if he expected the litigation to reach the highest appeals stage, Rothschild said, "It might. There's a very good chance." Springer has the option of ordering further oral summations before he flies a recommendation with Cooperman, but Degnan and Rothschild -said they doubted that such a request would be made.,.,.,,,,. ' 'The 'administrative-law proceedings'
attorney for the Tenafly board of education.
began with Englewood Cliffs arguing against the sendlng-receiving pact and Tenafly following-suit. Englewood attorney Arnold Mytelfca then offered his case for a regionalized high school, with rebuttal from the lawyers for the Cliffs and Tenafly districts following.
School-suit tab nears $3 million

ByBobWarburton Staff Writer The Tenafly, Englewood and Englewood Cliffs public school districts have logged combined legal costs of nearly $3 million in their ongoing litigation over which high school students from the three communities will attend. The legal battle began in late 1985, when the Englewood Cliffs district sued to sever the sending/receiving contract with Englewood that saw its students attend Dwigh't Morrow High School in the city. The Cliffs board wants to send its students to Tenafly High School instead. Englewood, meanwhile, argued for creation of a regionalized high school incorporating all three districts. It also sued to prevent Tenafly from accepting any more tuition-paying students from Englewood Cliffs. Lawyers for the three districts submitted post-trial briefs to Administrative Law Judge Kenneth Springer Friday. Rebuttal briefs to those documents are due by Dec. 19, attorneys said. The 10-month trial, which took place in a Newark courtroom, came to a close in October. Springer's final decision may be handed down in "late February, early March," Tenafly schools' attorney James Rothschild said. That recommendation will either be affirmed or rejected by state Commissioner of Education Saul Cooperman, at which time an appeal could be filed to have the state Board of Education rule on the case 45 days later. Springer also has the option of ordering oral summations before forwarding his recommendation to Cooperman. Dollar figures A comparison of the three districts showed that the Englewood district has outspent its co-litigants since the legal battle began in 1985. Schools Supt. Larry Leverett estimated Englewood's total expenses at $1.3 million to date. That amount includes consultants' fees, attorneys' fees for trial work, and all other legal expenses for the school suit. Englewood is currently formulating its projected legal expenses for the 1988-89 See SCHOOL, page 81
Late-winter ruling expected
Judge gets briefs in 7 school districts' suit ** * * '- tfc ftjizjf

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Staff Writer
ByBobWarburton
Ninety-eight days of courtroom testimony were summarized in legal briefs that attorneys for the Englewood, Englewood Cliffs and Tenafly public school districts submitted last week to Administrative Law Judge Kenneth Springer. The three 100-page documents presented each" side's position in a case that will determine where high school students from the three communities are educated. Additional rebuttal briefs are also expected this week. The dispute started when
the Englewood Cliffs district sought to sever its sendingreceiving contract with Englewood a pact that has Cliffs students attend Dwight Morrow High School in this city. Instead, the Cliffs is seeking to establish a similar arrangement with Tenafly High School. >''* Englewood, meanwMle, wants to create a regionalized high school incorporating -sttrasnrr irom the three districts. The city district also sued to prevent Tenafly from accepting any more tuition-paying students. Springer is expected to hand down his recommendation on the case In late February or early March.
Englewood's appeal
The Englewbod brief, epared by attorneys Arnold yt% I k a a n d P a u l Tractenberg, opened with a stirring appeal to Springer. "This case is..about race and about education and about much else," Mytelka wrote, "but It Is mostly about race." "This case is complex but not difficult," the attorney added In the brief. "It is layered with human emotion with fears, with mlsperceptions, even with unvarnished bigotry. "Diversionary issues, such as the unsubstantiated and unprincipled attack on Dwight Morrow's educational
quality, should be disposed of with dispatch," Mytelka added, referring to much of the argument brought forth by the Cliffs. While Cliffs students constituted 45 percent of Dwight Morrow's population in 1983, that representation has slipped to 4.4 percent this year, according to the Englewood attorneys' brief. "Racial a t t i t u d e s , misperceptions and fears about DMHS, political and peer pressure, litigation, the Tenafly private tuition policy and the Cliffs board's decision to enter Into a (sending/recelvlng) relationship with Tenafly are the primary causes for the decline in enrollment of Cliffs students , at DMHS," Mytelka concludA < r c o r < J i r K
and misunderstanding about DMHS are rampant" In the Cliffs. And there is "a great deal of social pressure in (the) Cliffs against attending DMHS," the document argued. To sever the sendingreceiving contract is wrong because "it sanctions white flight with public funds" and "permits community preferences to override con-1 stitutional principles,"11 Mytelka wrote. ."Severance wou/ decimate the DMHS . gramy the Englewood/ torney added. And to continue to Tenafly to accept students would only ex bate - a "morale prob there, Mytelka stated.
,.
^^JJ^j^***j BMMfcMl^^tt*!^'"^^*^' *
Briefs provided in suit

(From page 11) "Although the climate at THS is generally positive, the lack of diversity creates a subtle form of lethargy in the way that teachers and students approach their tasks," the Englewood brief stated. "There is a 'creeping negativism' that permeates toe school staff and administration, and that might cause a future calamity." Meanwhile, Tenafly's private tuition policy has harmed Dwight Morrow "racially, educationally and financially," Mytelka argued. The remaining section of the brief was devoted to Englewood's arguments for creating a regional high school. "Englewood, Tenafly and (the) Cliffs have been fashioning a single educational community for several years now," Mytelka said. "It Is time to recognize it with regionalization." A "racially balanced" school with 60 percent of the students white or Asian and 40 percent black and hispanics would result from the new regional high school, Mytelka wrote. Such an arrangement would also cure the problems created by declining enrollment at both Tenafly and Dwight Morrow high schools, the attorney added. And the reluctance expressed by Tenafly parents to send their children to a regional high school is "knee-jerk," sot "thoughtful decisions," Mytelka added. Cliffs' arguments John Degnan, the attorney for Englewood Cliffs, called the decision to sever the sending/receiving contract "the culmination of many years of Increasing frustration in the Cliffs with the quality of education at DM and with the indifference of the Englewood board to the deterioration of its high school." Much of Degnan's brief centered on his claim that a "dual" sending-receiving relationship, allowing Cliffs students to attend either Tenafly High or Dwight Morrow, "may be the best solution to the issues presented in this litigation." But the attorney cautioned that, "The Cliffs' suggestion of this remedy should not be construed as an acceptance of Englewood's shrill and virtually hysterical cries of stigma." There are 21 Cliffs students enrolled at Dwight Morrow, Degnan's brief noted. And the withdrawal of that small Degnan's legal argument. "it is clear that Englewood's own population has been abandoning its school system and, as there is consensus that parents are primarily driven by perceptions of quality, it is virtually indisputable that at least in perception the Englewood district's quality has been viewed unfavorably in Englewood itself," Degnan wrote. Degnan deferred most of his defense against regionalization to the Tenafly brief, but strong statements on that subject were offered in the Cliffs brief. "One cannot help but ask: if DM is as fine and diverse an institution as Englewood argues, why does that district so f e r v e n t l y d e m a n d regionalization or the erection of barriers in the form of injunctive relief to leaving DM and attending THS," Degnan asked. "The answer is an obvious one: Englewood's requests are tactical strategies designed to coerce Tenafly's retraction of its good faith commitment to receive Cliffs students if withdrawal is granted." Despite "attempts by Englewood to obfuscate with groundless allusions to racism," Degnan said "there is only one reason" for the decision to withdraw the Cliffs students: "the quality of education at DM and the perception of that quality in the Cliffs is so poor that Cliffs students are abandoning public education at the high school level."
' Jv-tuAîf-
/*L*-*lf>
.,
junction barring Tenaflyj from accepting more tuitionpaying students by criticizing the quality of Dwight Morrow High School. "Thus, an injunction would : be viewed as a last-gap gesture by a school which is so badly run that it must seek oppressive measures to obtain students," the Tenafly attorney wrote in the brief. "The impact of such a loss be be severe," he said, adding that teachers and programs would have to be trimmed at Tenafly High School. Rothschild based another section of his brief on the effects of forced regionalization. "Regionalization to Tenafly would mean dismantling a school which is excellent, distinctive and a part of the community, which was carefully built over time at great expense of effort and money, only to start over to try to build a school which someday might be as good," Rothschild said. The Tenafly attorney doubted that regionalization would be feasible in a practical sense, and asked why it would be necessary to break up a very successful high school. . "Since THS has a diverse student body, which is becoming increasingly more diverse, and has stabilized its enrollment, Englewood is asking the commissioner (of education) to solve problems for Tenafly that do not exist," Rothschild wrote. The attorney also cited discussions between Tenafly parents and Schools Supt. Dr. Gerald DeGrow concerning the formation of a regionalizAnd Tenafly's side ed hi oh school "Their unanimous view Tenafly district lawyer James Rothschild argued for was that they did not want to protecting Tenafly's policy of be part of a regional high accepting tuition students, school and would not send and also voiced strong objec- their -children there," the tions to Englewood's concept brief stated. "The reasons expressed by of a regional high school. When it agreed in principle Tenafly parents were not to accept Cliffs students, racial, but rather concerned a "The Tenafly (board of perceived decline in the qualieducation) at no time intend- ty of the education to be ofed to harm Engiewood, nor fered to their children, and did it intend to encourage the loss of local control over segregation either in its own the school." schools or those of Englewood or (Englewood) Cliffs," Rothschild wrote. A total of 107 tuition-paying students now attend Tenafly High School, with 76 from Englewood Cliffs and 16 from Englewood, Rothschild's brief noted. The district's tuition policy has proven successful in keeping enrollment high at Tenafly High School and "generating substantial revenues," Rothschild said. It has also increased the "diversity" of the high school
1988
ORDER NUMBER 880909-090655-INHOUSE -002-001 STORY 1 HEAD DATE PAGE EDITION SECTION STORY 2 HEAD DATE PAGE EDITION SECTION STORY 3 HEAD DATE PAGE EDITION SECTION STORY 4 HEAD DATE PAGE EDITION SECTION STORY 5 ;HEAD I! DATE TENAFLY FIGHTS REGIONALIZATION 880811. THURSDAY b2 ! All Editions.=.Late. Early OPINION MINUTES OF CLIFFS TRUSTEES SOUGHT ENGLEWOOD FIGHTS STAY OF COOPERMAN RULING 880817. WEDNESDAY b03 All Editions.=.Late. Early NEWS DEFINING AN *A+ EDUCATION' 880831. WEDNESDAY b08 All Editions.=.Late. Early OPINION TENAFLY HIGH RULED OUT FOR 14 FROM CLIFFS 880904, SUNDAY 328 All Editions.=.Sunday NEWS THE RECORD SUES TO VIEW LEGAL BILLS IN CLIFFS SCHOOL FIGHT 880908. THURSDAY b02 All Editions.=.Late. Early NEWS
11 PAGE
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EDITION iSECTION l . STORY 7 HEAD
KIDS DESERVE AN A+ EDUCATION 880808. MONDAY blO All Editions.=.Late. Early OPINION
DEBATING THE QUALITY OF A HIGH SCHOOL EDUCATION IN
ORDER NUMBER 880909-090655-INHOUSE -002-001 STORY 1 HEAD DATE PAGE EDITION SECTION STORY 2 HEAD DATE PAGE EDITION SECTION STORY 3 HEAD DATE PAGE EDITION SECTION STORY 4 HEAD DATE PAGE EDITION SECTION STORY 5 HEAD DATE PAGE EDITION SECTION STORY 6 HEAD DATE PAGE EDITION SECTION STORY 7 HEAD DEBATING THE QUALITY OF A HIGH SCHOOL EDUCATION II KIDS DESERVE AN A+ EDUCATION 880808. MONDAY blO All Editions.=.Late. Early OPINION TENAFLY FIGHTS REGIONALIZATION 880811. THURSDAY b2 ! All Editions.=.Late. Early OPINION MINUTES OF CLIFFS TRUSTEES SOUGHT ENGLEWOOD FIGHTS STAY OF COOPERMAN RULING 880817. WEDNESDAY b03 All Editions.=.Late. Early NEWS DEFINING AN *A4 EDUCATION' 880831. WEDNESDAY bOS All Editions.=.Late. Early OPINION TENAFLY HIGH RULED OUT FOR 14 FROM CLIFFS 880904. SUNDAY 328 All Editions.=.Sunday NEWS THE RECORD SUES TO VIEW LEGAL BILLS IN CLIFFS SCH ; FIGHT 880908. THURSDAY b02 All Editions.=.Late. Early NEWS
U -^
It!
ORDER NUMBER 880909-090655-INHOUSE -002-001 STORY 1 HEAD DATE PAGE EDITION SECTION STORY 2 HEAD DATE PAGE EDITION SECTION STORY 3 HEAD DATE PAGE EDITION SECTION STORY 4 HEAD DATE PAGE EDITION SECTION STORY 5 HEAD DATE PAGE EDITION SECTION STORY 6 HEAD DATE PAGE EDITION SECTION STORY 7 HEAD DEBATING THE QUALITY OF A HIGH SCHOOL EDUCATION IN KIDS DESERVE AN A+ EDUCATION 880808. MONDAY blO All Editions.=.Late. Early OPINION TENAFLY FIGHTS REGIONALIZATION 880811. THURSDAY b!2 All Editions.=.Late. Early OPINION MINUTES OF CLIFFS TRUSTEES SOUGHT ENGLEWOOD FIGHTS STAY OF COOPERMAN RULING 880817. WEDNESDAY b03 All Editions.=.Late. Early NEWS DEFINING AN *A+ EDUCATION' 880831. WEDNESDAY b08 All Editions.=.Late. Early OPINION TENAFLY HIGH RULED OUT FOR 14 FROM CLIFFS 880904. SUNDAY a28 All Editions.=.Sunday NEWS THE RECORD SUES TO VIEW LEGAL BILLS IN CLIFFS SCHOO FIGHT 880908. THURSDAY b02 All Editions.=.Late. Early NEWS
ORDER NUMBER 880909-090655-INHOUSE -002-001 STORY 1 HEAD DATE PAGE EDITION SECTION STORY 2 HEAD DATE PAGE EDITION SECTION STORY 3 HEAD DATE PAGE EDITION SECTION STORY 4 HEAD DATE PAGE EDITION SECTION STORY 5 HEAD DATE PAGE EDITION SECTION STORY 6 HEAD DATE PAGE EDITION SECTION STORY 7 HEAD DEBATING THE QUALITY OF A HIGH SCHOOL EDUCATION IN KIDS DESERVE AN A+ EDUCATION 880808. MONDAY blO All Editions.=.Late. Early OPINION TENAFLY FIGHTS REGIONALIZATION 880811. THURSDAY b!2 All Editions.=.Late. Early OPINION MINUTES OF CLIFFS TRUSTEES SOUGHT ENGLEWOOD FIGHTS STAY OF COOPERMAN RULING 880817. WEDNESDAY b03 All Editions.=.Late. Early NEWS DEFINING AN *A+ EDUCATION' 880831. WEDNESDAY b08 All Editions.=.Late. Early OPINION TENAFLY HIGH RULED OUT FOR 14 FROM CLIFFS 880904. SUNDAY a28 All Editions.=.Sunday NEWS THE RECORD SUES TO VIEW LEGAL BILLS IN CLIFFS SCHOOL FIGHT 880908. THURSDAY b02 All Editions.=.Late. Early NEWS
ORDER NUMBER 880909-090655-INHOUSE -002-001 STORY 1 HEAD DATE PAGE EDITION SECTION STORY 2 HEAD DATE PAGE EDITION SECTION STORY 3 HEAD DATE PAGE EDITION SECTION STORY 4 HEAD DATE PAGE EDITION SECTION STORY 5 HEAD DATE PAGE EDITION SECTION STORY 6 HEAD DATE PAGE EDITION SECTION STORY 7 HEAD DEBATING THE QUALITY OF A HIGH SCHOOL EDUCATION IN KIDS DESERVE AN A+ EDUCATION 880808. MONDAY blO All Editions.=.Late. Early OPINION TENAFLY FIGHTS REGIONALIZATION 880811. THURSDAY b!2 All Editions.=.Late. Early OPINION MINUTES OF CLIFFS TRUSTEES SOUGHT ENGLEWOOD FIGHTS STAY OF COOPERMAN RULING 880817. WEDNESDAY b03 All Editions.=.Late. Early NEWS DEFINING AN *A+ EDUCATION' 880831. WEDNESDAY b08 All Editions.=.Late. Early OPINION TENAFLY HIGH RULED OUT FOR 14 FROM CLIFFS 880904. SUNDAY 328 All Editions.=.Sunday NEWS THE RECORD SUES TO VIEW LEGAL BILLS IN CLIFFS SCHOOL FIGHT 880908. THURSDAY b02 All Editions.=.Late. Early NEWS
ORDER NUMBER 880909-090655-INHOUSE STORY 1 HEAD DATE PAGE EDITION SECTION STORY 2 HEAD DATE PAGE EDITION SECTION STORY 3 HEAD DATE PAGE EDITION SECTION STORY 4 HEAD DATE PAGE EDITION SECTION STORY 5 HEAD DATE PAGE EDITION SECTION STORY 6 HEAD DATE PAGE EDITION SECTION STORY 7 HEAD
-002-001
THE RECORD SUES TO VIEW LEGAL BILLS IN CLIFFS SCHOOL FIGHT 880908. THURSDAY b02 All Editions.=.Late. Early NEWS
TENAFLY HIGH RULED OUT FOR 14 FROM CLIFFS 880904. SUNDAY a28 All Editions.=.Sunday NEWS
DEFINING AN A+ EDUCATION' 880831. WEDNESDAY bOS All Editions.=.Late. Early OPINION
MINUTES OF CLIFFS TRUSTEES SOUGHT ENGLEHOOD FIGHTS STAY OF COOPERMAN RULING 880817. WEDNESDAY b03 All Editions.=.Late. Early NEWS
TENAFLY FIGHTS REGIONALIZATION 880811. THURSDAY b!2 All Editions.=.Late. Early OPINION
^^.
ORDER NUMBER 880909-Q90655-INHOUSE -002-001 STORY 1
4
f
;HEAD
DATE PAGE EDITION SECTION
:STORY
I M
4
THE RECORD SUES TO VIEW LEGAL BILLS IN CLIFFS SCHOOL FIGHT 880908. THURSDAY b02 All Editions. = . Late. Early NEWS
2 TENAFLY HIGH RULED OUT FOR 14 FROM CLIFFS 880904. SUNDAY a28 All Editions.=.Sunday NEWS
HEAD DATE ,-;-PAGE ' i; EDITION ',-: SECTION ' = STORY 3
r HEAD;
DATEPAGE:; EDITION SECTION
If
DEFINING AN %A+ EDUCATION' 880831. WEDNESDAY b08 All Editions.=.Late. Early OPINION
M HEADF
STORY 4 MINUTES OF CLIFFS TRUSTEES SOUGHT ENGLEWOOD FIGHTS STAY OF COOPERMAN RULING 880817. WEDNESDAY b03 All Editions. = .Late. Early NEWS
TENAFLY FIGHTS REGIONALIZATION 880811. THURSDAY b!2 All Editions. = . Late. Early OPINION
UTE
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; HEAD
ENGLEWOOD 880807. SUNDAY 003 All Editions.=.Sunday OPINION
.DATE : PAGE EDITION SECTION STORY 9

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TRUSTEE VOWS NEW FIGHT IN CLIFFS CASE 880728. THURSDAY b!2 All Editions.=.Late. Early NEWS
HEAD'
"DATE PAGE EDITION :'SECTION NOTES
CLIFFS BOARD: SUIT IS NOT RACIAL MOVES TO DISTANCE ITSELF FROM QUOTE 880726. TUESDAY bOl Early NEWS 1 of 2 versions in Early edition 2*.
"STORY 10 HEAD, DATE? TENAFLY TRUSTEE RESIGNS IN PROTEST URGES END TO SUIT OVER HIGH SCHOOL 880726. TUESDAY t>01 Late. ALSO IN.Early NEWS 2 of 2 versions started in Early edition 3*
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THREE SCHOOLS IN A QUANDARY 880725. MONDAY blO All Editions.=.Late. Early OPINION
LESSONS VIA LAWSUITS 880724. SUNDAY 003 All Editions.=.Sunday OPINION
A RESOLUTION, NOT A LAWSUIT 880724. SUNDAY 002
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CLIFFS TRUSTEES TO APPEAL FOR SCHOOL SWITCH 880719. TUESDAY

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SEVERAL BUMPED FROM TENAFLY HIGH DON'T MIND MOVE 880719. TUESDAY
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TENAFLY BOARD IN NO RUSH TO FIGHT COOPERMAN EDICT 880717. SUNDAY

a29
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CLIFFS HIRES NEW ATTORNEY FOR APPEAL OF SCHOOL SUIT 880724. SUNDAY a23 All Editions.=.Sunday NEWS
IDATE [PAGE IEDITION SECTION

|iOTES I ORY 16 I AD I IATE
ENGLEWOOD AND TENAFLY TO APPEAL EACH HAS OWN BEEF WITH COOPERMAN 880722. FRIDAY bOl Late. ALSO IN.Early NEWS Started in Early edition 2*.
>AGE IDITION IECTION TES
TOP TRUSTEE ADMITS BIAS BY CLIFFS DWIGHT MORROW SUIT *IS A RACIAL ISSUE' 880721. THURSDAY aOl Early. ALSO IN.Late NEWS Last version started in Early edition 3*
STORY 17
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DITION H'iON fRY, 18 ADJ TEj iGE[ DIIlpN TION BRYI19
TO APPEAL OR NOT; TENAFLY VOTES TONIGHT 880721. THURSDAY bOS All Editions.=.Late. Early NEWS
TRUSTEES VS. LAWYER IN CLIFFS AT ISSUE: HIS ADVICE ON COOPERMAN EDICT 880720. WEDNESDAY bOl Late NEWS
SCHOOL-SWITCH APPEAL DEBATED 880720. WEDNESDAY b03 Early
BORDER NUMBER 880719-101044-INHOUSE -001-001
1
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2061081 880715. FRIDAY Late. ALSO IN.Early NEWS b03 0003.7/0027 INCHES/LINES The Record Started in Early edition 2*. ENGLEWOOD CLIFFS. SCHOOL. ENGLEWOOD. TENAFLY. MEETING CLIFFS TRUSTEES TO MEET IN PRIVATE ENGLEWOOD CLIFFS
SEDITION -SECTION
SOURCE
2060110 880714. THURSDAY All Editions.=.Late. Early NEWS b06 0015.0/0108 INCHES/LINES The Record ENGLEWOOD. ENGLEWOOD CLIFFS. TENAFLY. SCHOOL. LAWSUIT. NEW JERSEY. EDUCATION. OFFICIAL. STUDENT BOARD *VINDICATEDA BY FAVORABLE REPORT ON DWIGHT MORROW By Ron Hollander, Record Staff Writer
;fc;STORYt.3 ACCESS
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2047003 880701. FRIDAY All Editions.=.Late. Early OPINION b08 COLUMN. LETTER 0007.8/0056 INCHES/LINES LETTERS The "Record ENGLEWOOD. ENGLEWOOD CLIFFS. TENAFLY. SCHOOL. STUDENT. EDUCATION TEACH CLIFFS PARENTS A LESSON
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2038115 880623. THURSDAY All Editions.=.Late. Early NEWS b03 0005.4/0039 INCHES/LINES The Record
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NUMBER 880719-101044-INHOUSE -001-001 ENGLEWOOD. ENGLEWOOD CLIFFS. TENAFLY. SCHOOL. COURT. NEW JERSEY. EDUCATION. STUDENT DWIGHT MORROW DECISION IS NEAR RON HOLLANDER ENGLEWOOD
PI IJATELINE
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2037076 880622. WEDNESDAY All Editions.=.Late. Early NORTHEAST 1 COMMUNITY. ALSO IN.SOUTHEAST 1 COMMUNITY. SOUTHEAST 2 COMMUNITY. SOUTH COMMUNITY. NORTHEAST 2 COMMUNITY 001 0015.8/0114 INCHES/LINES The Record ENGLEWOOD. SCHOOL. ENGLEWOOD CLIFFS. STUDENT. TENAFLY. COURT DWIGHT MORROW WOOS PARENTS WANTS 14 EIGHTH-GRADERS FROM ENGLEWOOD CLIFFS By Ron Hollander, Record Staff Writer ENGLEWOOD
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880614. TUESDAY Late. ALSO IN.Early NEWS a2 ! 0004.6/0033 INCHES/LINES The Record Started Early edition 2* ENGLEWOOD CLIFFS. ENGLEWOOD. TENAFLY. SCHOOL. STUDENT. NEW JERSEY. EDUCATION. COURT DECISION ON 8TH-GRADE TRANSFERS WEEKS AWAY
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2027100 880612. SUNDAY All Editions.=.Sunday NORTHEAST COMMUNITY a33 0017.9/0129 INCHES/LINES The Record ENGLEWOOD CLIFFS. ENGLEWOOD. TENAFLY. SCHOOL. MEETING. LAWSUIT TEMPERS FLARE ON SCHOOL SUIT IN CLIFFS, RECRIMINATIONS OVER THE ENGLEWOOD CASE By Jean Rimbach, Correspondent ENGLEWOOD CLIFFS
lORDER NUMBER 880719-101044-INHOUSE -001-001
ISTORY B [ACCESS IDATE SEDITION ISECTION

|PAGEr ElENGTH ^SOURCE sHEADs
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2013210 880529. SUNDAY All Editions.=.Sunday NORTHEAST COMMUNITY a40 0013.7/0099 INCHES/LINES The Record ENGLEWOOD. ENGLEWOOD CLIFFS. TENAFLY. SCHOOL ENGLEWOOD: TENAFLY HIGH BAN WOULD HELP MORROW By Ron Hollander, Record Staff Writer
ACCESS tDATE | {EDITION
SECTION
$ PAGE | ^LENGTH It SOURCE f NOTES I iffiY
2009166 880525. WEDNESDAY Early NEWS b04 0013.6/0098 INCHES/LINES The Record Early edition 1* only ENGLEWOOD CLIFFS. ENGLEWOOD. TENAFLY. SCHOOL. STUDENT. COURT. LAWSUIT. NEW JERSEY TENAFLY HIGH BAN FOR CLIFFS IS ARGUED By Ron Hollander, Record Staff Writer
;-STORY?10 ACCESS DATEf , EDITION |f SECTION ^ LENGTHIi SOURCE EY
2009074 880525. WEDNESDAY All Editions.=.Late. Early NORTHEAST COMMUNITY 006 0009.0/0065 INCHES/LINES The Record TENAFLY. SCHOOL. ENGLEWOOD. ENGLEWOOD CLIFFS. LAWSUIT. COURT. COST TENAFLY URGED TO SETTLE SCHOOL CASE By John H. Kuhn, Record Staff Writer TENAFLY
TE : EDITION y SECTION ' IZHGTH ^COLUMN '" SOURC
2006081 880522. SUNDAY All Editions.=.Sunday OPINION 003 LETTER. COLUMN 0022.4/0161 INCHES/LINES LETTERS The Record ENGLEWOOD. ENGLEWOOD CLIFFS. TENAFLY. SCHOOL. LAWSUIT.
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STUDENT. RIGHT TWO HIGH SCHOOLS, RACISM, AND THE QUALITY OF EDUCATION
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1995167 880511. WEDNESDAY Early. ALSO IN.Late NEWS bOl 0017.8/0128 INCHES/LINES The Record Starting with Early edition 2* story cut and moved inside to page b02 ENGLEWOOD. ENGLEWOOD CLIFFS. SCHOOL. COURT. TENAFLY. RACE. BLACK. DISCRIMINATION. LAWSUIT. MINORITY CLIFFS: JUDGE FELL FOR *RACISMA PLOY SCHOOL CASE RULING APPEALED By Ron Hollander, Record Staff Writer
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1979066 880426. TUESDAY All Editions.=.Bergen. Passaic-Morris NEWS b05 0012.8/0092 INCHES/LINES The Record ENGLEWOOD CLIFFS. TENAFLY. ENGLEWOOD. SCHOOL. LAWSUIT. NEW JERSEY. COURT CLIFFS, TENAFLY JOIN FORCES IN DWIGHT MORROW CASE By Ron Hollander, Record Staff Writer ENGLEWOOD CLIFFS
tmI'* f IAD
1977046 880424. SUNDAY All Editions.=.Final. South Bergen. Northwest Bergen. Northern Valley/Pascack Valley. East/Central. Passaic-Morris OPINION 002 EDITORIAL 0011.7/0084 INCHES/LINES The Record NEW JERSEY. ENGLEWOOD. TENAFLY. ENGLEWOOD CLIFFS. SCHOOL. COURT SUPPORT FOR ENGLEWOOD
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1973197 880420. WEDNESDAY
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All Editions.=.Central Bergen. East Bergen/Hudson County. South Bergen. Northern Valley. Pascack Valley. Northwest Bergen. West 2. Bergen North. Bergen South. Passaic-Morris. Passaic-Essex NEWS aOl CHRONOLOGY. MAJOR STORY 0036.2/0261 INCHES/LINES The Record 2 related stories on page a05 filed separately. ENGLEWOOD. ENGLEWOOD CLIFFS. SCHOOL. EDUCATION. TENAFLY. LAWSUIT. STUDENT. RACE. DISCRIMINATION. COURT CLIFFSA SCHOOL LAWSUIT REJECTED JUDGE UPHOLDS ENGLEWOOD TIES By Ron Hollander, Record Staff Writer
STORY -16 ACCESS DATEf EDITION
SECTION PAGE | LENGTH^ SOURCE KEY
1973179 880420. WEDNESDAY All Editions.=.Central Bergen. East Bergen/Hudson County. South Bergen. Northern Valley. Pascack Valley. Northwest Bergen. West 2. Bergen North. Bergen South. Passaic-Morris. Passaic-Essex NEWS a05 0011.7/0084 INCHES/LINES The Record STUDENT. ENGLEWOOD. ENGLEWOOD CLIFFS. LAWSUIT. COURT. EDUCATION. TENAFLY. SCHOOL STUDENTS HAPPY, CLIFFS PARENTS UPSET By Jean Rimbach, Correspondent
m ACCESS
DATE w f .EDITION
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1973178 880420. WEDNESDAY All Editions.=.Central Bergen. East Bergen/Hudson County. South Bergen. Northern Valley. Pascack Valley. Northwest Bergen. West 2. Bergen North. Bergen South. Passaic-Morris. Passaic-Essex NEWS a05 0015.6/0112 INCHES/LINES The Record ENGLEWOOD CLIFFS. ENGLEWOOD. SCHOOL. STUDENT. LAWSUIT. COURT. RACE. DISCRIMINATION. BLACK. HISPANIC. NEW JERSEY. TENAFLY CLIFFS CASE COULD HAVE MAJOR IMPACT IN STATE By Mark J. Magyar, Record Trenton bureau TRENTON
1953100 880331. THURSDAY
ER NUMBER 890202-085514-INHOUSE -002-001

RY 11 2230030
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/881229. THURSDAY Four Star B. ALSO IN.Three Star. Two Star. One Star NEWS b03
0012.1/0087 INCHES/LINES The Record ENGLEWOOD. NEW JERSEY. EDUCATION. SCHOOL. STUDENT ENGLEWOOD TO STATE: DON'T ENDORSE *WHITE FLIGHT' By Ron Hollander, Record Staff Writer ENGLEWOOD
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Fears of "white flight" and misperceptions about the quality of flight Morrow High School should not stand in the way of creating a Regional high school for Englewood, Englewood Cliffs, and Tenafly, attorneys for Englewood argued in a brief filed last week with the state Board of Education. The brief is the last before the board rules, in six to eight ionths, on an appeal of a decision by state Education Commissioner Saul Gooperman denying regionalization. Coopenaan also denied Englewood liffsA 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 high School district, or "at the very least" to order the three districts to garticipate in a study of regionalization to be directed by Cooperman. The brief filed by attorney Arnold Mytelka argued that iegionalization would correct the racial imbalance existing at Dwight Korrow and Tenafly High School and also would solve the problem of declining enrollments at both schools. Dwight Morrow is about 86 percent black and Hispanic, while Tenafly Sigh 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 prior olicy of accepting private, tuition-paying students from Englewood and nglewood Cliffs. That practice was banned by Cooperman in his July lecision. "The Tenafly Board is saying, in effect, that is has solved its leclining enrollment problem by accommodating white flight and enticing |tudents away from Dwight Morrow, and that it should be permitted to ontinue to do so," Englewood's brief said. If "Regionalization offers the promise of one racially balanced public school instead of two smaller schools in close proximity . . . both facially imba lanced, "the brief said. 11 The brief also argued that "misperceptions of the quality of a ^chool with a racially balanced student body" should not prevent regionalization. j A spokesman for the state Board of Education said the Legal | jCominittee, a five-member subcommittee of the board, would probably start reviewing the case next month. j Englewood Cliffs has requested that the committee hear oral | arguments in the 3-year-old case. If the legal committee agrees, those arguments would be heard sometime in the spring, the spokesman said.
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ORDER NUMBER 890202-085514-INHOUSE -002-001 The Legal Committee eventually will issue a report recommending a course of action. The three districts cbuld then file replies to the report. The report _ perhaps in modified form _ would then be adopted by the entire board. The case could then be appealed to the courts.
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AD | KEYWORD-HIT \e latest round in a three-year lawsuit involving three Bergen County school districts is to conclude Thursday, when Englewood files a final brief that is expected once more to defend the quality of its high school and the need for regionalization. f The state Board of Education, which is hearing an appeal in the suit, 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 from sending its students to Tenafly High School instead of Dwight Morrow High School in Englewood. | The litigation has cost Englewood, Englewood Cliffs, and Tenafly nearly $4 million combined. In its final brief, filed last week, Englewood Cliffs vigorously rebutted Englewood ' contention that racial considerations _ not s educational quality _ are behind the district's desire to send its students to Tenafly. Tenafly ' student body is 98 percent white and Asian, as are most s Englewood 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 Board Education ... to substitute hysteria and wholly subjective factors rjobjective measures of school performance," Englewood Cliffs argued. "The parents of Clif fsA students want to send their students to nafly rather than to Dwight Morrow because of the desire by those parents to obtain the best possible education for their children, " the hief said. ^Cooperman ruled in July that Englewood Cliffs could not sever its .23-year sending-receiving relationship with Dwight Morrow. He found that night Morrow offers "a more-than-adequate program for its college-bound
The Record YES V ENGLEWOOD. ENGLEWOOD CLIFFS. TENAFLY. SCHOOL. NEW JERSEY. EDUCATION. GOVERNMENT ENGLEWOOD READIES BRIEF IN 3-TOWN SCHOOL DISPUTE . By Ron Hollander, Record Staff Writer
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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. The board president was quoted as saying during the meeting that the case was racially motivated. | The Englewood brief also rebutted a request by the parents of an Englewood Cliffs eighth-grader who currently attends school in Tenafly as a tuition-paying student that she be allowed to complete her high school education in that district. f State Education Commissioner Saul Cooperman ruled in July that Tenafly must cease accepting students from Englewood and Englewood Cliffs, and that only those in the eighth grade last spring would be I allowed to attend Tenafly through the 12th grade. Cooperman also refused to let Englewood Cliffs sever its relationship with Dwight Morrow. ( Lawyers for the eighth-grader, Allison Spiegel, have argued that | jCoopenaan "arbitrarily" drew the line at the eighth grade and that all I students enrolled in any grade in the Tenafly school system last spring I 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. "It ishould not be redrawn." In another development in the case, the arbitration of Englewood I 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 of Icoopenaan's decision. Education experts have said it could take six lEonths to a year.
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I But eooperman denied Englewood ' attempt to establish a regional s high school district for the three municipalities, and Englewood is appealing that part of his ruling. Tenafly's final brief, also filed Monday, supported that part of the ruling. j| "Never before has a school district been permitted to arbitrarily select another separate and autonomous district, with which it has no formal educational ties, and target it for takeover," Tenafly's brief said. I Cooperman also forbade Tenafly from accepting private, tuition students from Englewood or Englewood Cliffs. Tenafly's brief opposed that ban, saying the practice does not harm Dwight Morrow, as Cooperman contended. In a side issue to the main arguments, an Englewood Cliffs eighth-grader now attending a Tenafly school has asked that all Englewood Cliffs students enrolled in the Tenafly school system in July, when Cooperman rendered his opinion, be allowed to graduate from the high school. | Cooperman ruled that only those who were in the eighth grade last spring could continue on to Tenafly High School.
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881209. FRIDAY Four Star B. ALSO IN.Three Star. Two Star. One Star NEWS b03 0014.4/0104 INCHES/LINES The Record ENGLEWOOD CLIFFS. TENAFLY. ENGLEWOOD. SCHOOL. LAWSUIT. RACE. DISCRIMINATION. NEW JERSEY. EDUCATION. GOVERNMENT A DEADLINE IN CLIFFS SUIT IS APPROACHING 2 TOWNS EXPECTED TO REBUTE CLAIM OF RACIAL MOTIVATION By Ron Hollander, Record Staff Writer
KEYWORD-HIT
| Englewood Cliffs and Tenafly have until Monday to respond to Englewood's continued claim that Englewood CliffSA suit to sever its ties with Dwight Morrow High School is racially _ not educationally _ activated. In a reply brief filed with the state Board of Education, lawyers foÊnglewood 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 not iffer an education comparable to what is available at Tenafly High "hool, where it wants to send the approximately 40 eighth-graders it iraduates each year.
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R NUMBER 890202-085514-INHOUSE -002-001 GOVERNMENT. EDUCATION. LAWSUIT. RACE. REPORT ENGLEWOOD DENIED'CLIFFSA BOARD" MINUTES By David Goldman, Correspondent YWORD-HIT
The state Board of Education on Thursday refused to order Englewood liffs to turn over the minutes of a meeting in which its School Board esident 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's Satement that the case was "a racial issue," was published in The ecord on July 21. I Englewood had wanted the minutes to reinforce its arguments in a Sit filed by Englewood Cliffs requesting state permission to send its i^h school students to Tenafly High School instead of Dwight Morrow h School in Englewood. State Education Commissioner Saul Cooperman denied Englewood ffsA request in July, and his ruling is now being appealed to the irate Board of Education. In his decision, Cooperman wrote, "No one Suld seriously believe that racial prejudice and circumvention of ^tegration is not at play in this case." Joel siegal, the attorney for Englewood Cliffs, said Thursday's ing 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 the its 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. Tenafly ih School is 98 percent white and Asian, as are most of the roximately 40 eighth-graders graduated each year from Englewood ijiffs. Dwight Morrow is about 86 percent black and Hispanic.
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TENAFLY. SCHOOL. LAWSUIT. ENGLEWOOD. ENGLEWOOD CLIFFS, NEW JERSEY. EDUCATION. GOVERNMENT TENAFLY TRUSTEES WON'T ABANDON APPEAL
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TENAFLY. SCHOOL. LAWSUIT. ENGLEWOOD CLIFFS. ENGLEWOOD. NEW JERSEY. EDUCATION. OFFICIAL CLIFFS BAN CALLED OUT OF LINE TENAFLY APPEAL SAYS COOPERMAN LACKS POWER FOR RULING By John H. Kuhn, Record Staff Writer TENAFLY
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ENGLEWOOD CLIFFS. ENGLEWOOD. TENAFLY. SCHOOL. NEW JERSEY. GOVERNMENT. EDUCATION ENGLEWOOD CLIFFS FILES MORROW APPEAL
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CLIFFS HIRES NEW ATTORNEY FOR APPEAL OF SCHOOL SUIT 880724. SUNDAY a23 All Editions.=.Sunday NEWS
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Springer at center of schools' litigation

ByBobWarburton Staff Writer . .. . A Union County attorney who once was a deputy state attorney general will play a key role In deciding the outcome of a court dispute Involving the Englewood, . Englewood Cliffs and Tenafly public school districts. Administrative Law Judge Kenneth Springer, a resident of New Providence, is expected to hand down his decision on the schools litigation, sometime in late February or early March. The case began when Englewood Cliffs moved to sever its sending-receiving j contract with Englewood. ! Under the terms of that, agreement, Cliffs students attend Dwight Morrow High School in the city. Instead, the Cliffs educators want to send their students to Tenafly High School. , . Englewood, meanwhile, sued to create a regionalized high school incorporating all three districts. Its school officials also sought an injunction to prevent Tenafly from accepting any more tuitionpaying students. After hearing nearly , 100 , days of courtroom testimony, ! Jpjinger recently, received '"post-trial briefs from . ati^ , , ,*JW~.to~-U> * Springer's background A native of Chicago, Springer earned his law degree from the 'University of Michigan after also doing his undergraduate work there. He also spent a year at the London School of Economics, according to Peter Travim, a public information officer with the Office of Administrative Law. After law school, Springer worked as a deputy state attorney general from 1970 to 1974. From there, he went on to private practice in Summit before joining the fledgling Office of Administrative Law, which was formed by the state Legislature in 1979. According to Traum, Springer has presided over other sending-receiving cases, as well as a host of noneducational matters. Springer will celebrate his 44th birthday on Jan. 27. He is married and has two children.. This year, Springer will earn $75,000 (after a scheduled $15,000 raise) as an administrative law Judge, the highest salary paid by the Office of Aminlstratlve Law.
Agency handles administrative disputes

ByBobWarburton Staff Writer Administrative Law Judge Kenneth Springer is expected to hand down his ruling on the litigation involving the Englewood, Englewood Cliffs and Tenafly public school districts at the end of February or in early March. That lengthy dispute one that lasted five months in court is just one of the 9,000 odd cases heard last year by the 42 judges making up the Office of Adminsitrative Law (OAL), according to Public Information Officer Peter Traum. Some matters are settied in 90 minutes, while others, like the current schools litigation, run several months, the public information officer said. : ' Despite'1 that staggering OAL is more "efficient and fair" than .the state's former system for^ hearing administrative cases. The schools dispute began when Englewood Cliffs petitioned the state to sever its sending-receiving contract with Englewood, an accord that sent Cliffs students to the city's Dwight Morrow High School. Instead, the Cliffs district wants to send its students to Tenafly High School. Englewood, meanwhile, sued to incorporate all three districts into a regional high school. The city educators also argued for an injunction barring Tenafly from accepting any more tuition-paying students. "This is a very complex and involved case," Traum said. The title of judge is a bit of ministrative. law judges, Traum added, since the OAL is an arm of the executive branch of the state government, not the judicial branch. The OAL handles civil disputes, environmental matters, banking cases, and a variety of other concerns, Traum said. Each judge is appointed by the governor for a five-year term and is subject to Senate confirmation, the public information officer added. Step-by-step At the conclusion of court p r o c e e d i n g s , an administrative law ludge (ALJ) has 45 days to submit a written decision to. the appropriate itate commissioner, , . The commissioner, in turn, has another 45 ijayi to "accent, reject or modifv"-the is taken within that time frame, the ALJ's initial decision is declared final. About 90 to 95 percent of all initial decisions are either accepted or modified only slightly by state commissioners, Traum said. Any appeal of a commissioner's decision must be filed with the Appellate Division of Superior Court, Traum said, with one exception educational matters. In those cases, the first appeal is taken to the state Board of Education, Traum noted, followed, if necessary, by the Appellate Court. Established by the state Legislature In 1979, the Office of Administrative Law evolved from $ network of 130 hearing . off icers scattered throughout New Jersey, each of'whom was retained by a !
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By Ron Hollander
Racord Staff Writer m
-. ENGLEWOOD CLIFFS The Board of Education on Monday refused to pay more than $50,000 in fees charged by .attorney John Degnan, who was dismissed in July after the district's two-year attempt to send its 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 Degnan's fees for March through July. Board President Sadri Garakani estimated the fees totaled $57,000. The board will seek arbitration before the Bergen County Fee Committee, which was established by the state Supreme Court to arbitrate fee disputes between attorneys and clients. Trustees argued that the fees were unreasonable, based on the services rendered. Degnan, a former state attor-
ney general, took a different view. "Of course they're reasonable," he said in a telephone interview. "They're less than half of what the new firm would have charged on an hourly basis." Degnan was dismissed after state Education Commissioner Saul Cooperman denied Englewood Cliffs' request to send its students to Tenafly High School instead of Englewood's Dwight Morrow High School. The board then hired Joel Siegal of the Newark firm of Helling, Lindeman to appeal Cooper-
man's ruling to the state Board of Education. Siegal said Monday that briefs in the appeal would be filed Friday. Siegal took the appeal for a flat fee of $210,000, which would finance action through the state Supreme Court. Degnan'a firm of Shanley & Fisher charged on an hourly basis. The board has paid about $1.1 million to Shanley & Fisher, although some of that amount went to expert witnesses.
Mayor demands lower legal fees

ByBobWarburton Staff Writer ENGLEWOOD - Mayor Steven Rothman said last week the school district should demand a ceiling on legal fees for litigation against the Englewood Cliffs and Tenafly school -systems, or find a new law firm to represent it. } Rothman made his suggestion at a public meeting of the board of school estimate last week. About $950.000 has already been paid to the Newark firm of Clapp and Eisenberg solely for the litigation involving the three districts. Schools Supt. Larry Leverett said at that session. After already collecting nearly a million dollars from the Englewood district. Rothman said it was time for Clapp and Eisenberg to agree to some form of billing limit. "I thought it was only appropriate given the kind of customers we were." said Rothman. adding that he suggested a spending cap during a recent meeting with Clapp and Eisenberg attorneys. "He raised reasonable issues." board president Dr. Rodney Muth said Monday, "but I really can't comment on them because we're negotiating future fee arrangements." Muth said relations between the district and its legal firm have been excellent since it was first retained. Leverett was not available for comment Monday. 'Open-ended'billing But Rothman said Leverett and city trustees should share his eagerness to force Clapp and Eisenberg to give them a cap on billing. The firm currently enjoys an "open-ended" billing policy with the district. Rothman said, and to continue that practice after nearly a million dollars has been spent "is simply not a prudent way for a consumer of law firm." the mayor said Friday. Attorneys for Englewood have argued for the creation of a regionalized high school, which would incorporate the Tenafly and Englewood Cliffs districts. ~ The Cliffs sued to sever its sehding-receiving contract with Englewood. whereby their students attend Dwight
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Morrow High School in the city. Administrative Law Judge Kenneth Springer is expected to hand down his recommendation on the case March 21. Rothman said he did not think it would cripple the district's case to switch legal firms at this juncture in the case. v "The most difficult part of this case has been completed." the mayor said, noting that trial work has been completed and the case is likely to enter a lengthy appeals phase once Springer's decision is released. "The facts of the case won't change." At Rothman's urging. Clapp and Eisenberg agreed in April to trim 20 percent off Englewood's subsequent legal bills for hourly work. . Arnold Mytelka. the attorney handling Englewood's billing arrangement, could also not be reached Monday
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ngiewooa cims incumbent '41 Ui drpps out of school board race I

By Ron ftoflandar
Record Staff Writer
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Englewood Cliffs school board member Mary O'Shea has withdrawn from the race for reelection to the board, making the April 5 election uncontested and guaranteeing that two new trustees will be elected to the nine-member board. O'Shea, who is completing her first three-year term, withdrew her name Friday for one of three open seats after criticizing board member Lynn Liaskos and board Vice President Sadri Garakani for putting "their personal lust for power and revenge above the good of the children." Neither Liaskos nor Garakani is up for reelection. O'Shea also criticized Dennis Sclavounos, who, along with Patricia Drimones, is running for the board. First-term trustee Carin Geiger also is running unopposed. O'Shea said she decided to withdraw as a way of "waking up the community" to the personal infighting that she said is keeping the board from performing its proper function. MARY O'SHEA Her statement accused Liaskos Won't seek reelection and Garakani of putting "their personal lust for power and re- jobs with less time in the classvenge above the good of the chil- room." dren. In return for favors and inLiaskos, who has been on the formation from selected faculty board for IVz years, said O'Shea's members, they promise_'cushy' charges were "unfounded and reckless." "If she can't substantiate them, she should publicly apologize for something she can't prove," Liaskos said. Garakani, the senior member of the board with four years of serv-
ice, said, "If she has any proof for her allegations, she should present it. Otherwise, she's liable to defamation and slander." ; O'Shea said she had information to substantiate her charges, but she would not make it public because she was afraid she could be sued for naming specific teachers. She did not explain what she meant by the lust for "revenge" shown fay the two incumbents. O'Shea said she did not have consistent ideological differences with Liaskos and Garakani. She noted that while she and Garakani voted to hire School Superintendent Jamie Savedoff a year ago, Liaskos voted against him. Savedoff is expected to resign his post at tonight's school board meeting to accept a position with the Colts Neck school district. O'Shea also attacked Sclavounos as "a person with no real interest in the schools." She said he has never attended a board meeting, even after announcing his candidacy. Sciavounos, 29, a former restaurant owner, did not return several telephone calls. Board President Stewart Farber said O'Shea's withdrawal was a "great disappointment." He said he had no information that would support O'Shea's charges against Liaskos and Garakani. However, he said he shared her misgivings about Sclavounos. "He's just not identified himself with any school issues or come to meetings," Farber said. Geiger, who ran with O'Shea in the last campaign, said she tried to talk O'Shea out of withdrawing.
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tacked on $45.000 to hire new teachers. The board also approved a full-time physical education and a part-time music teacher. The budget includes $80.000 for continuing .litigation among the Cliffs. Englewood and Tenafly boards of education. A motion to add a $150.000. lor the suit was rejected. , ding contract with !-- lewood ^ in order to send students to Tenafly. The Cliffs school board spent $320.000 last year and close to $1 million since the case started,, :"" x The .school board also add"ed $16.000 for the possibility that the state may require the board to implement a bilingual program for Japanese students. :,- '.'..,*..'.. ';' -.;.
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. .,,na yetj comiortaDie with the original proposal." she said. O'Shea said she opnneA/j changes made in the Oet. "I felt .the .other members had jthree opportunities to go over the items in the budget." "We took care in setting up what is exactly needed." said board trustee Carin Geiger. The board introduced a '$4.39 million budget and then
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The legal bill for the three districts involved in the Dwight Morrow High School pupiltransfer dispute will exceed $3,3 million by the end of the school year. And those bills will continue to mount, even after an administrative law'judge issues his recommendations, expected by Tuesday. More than $500,000 is in next year's proposed school budgets for Englewood, Englewood Cliffs, and Tenafly to pay for the continuing litigation of the case. The three districts will have spent $3,304,547 on the threeyear-long case by June. Despite the costs of the litigation the most expensive such ease in New Jersey history, state
education officials say, educators in all three districts said they're determined to see the case through to the end, including appeals, and that important educational principles hinge on its outcome. But the case has taken its toll. B More school elections previewed. C-29 , It has fanned dissension in the EngJewood Cliffs school board, caused Tenafly's surplus to drop below recommended state levels, and imperiled Englewood's proposed budget. A non-binding recommendation from Administrative Law Judge Kenneth Springer the first step in resolving the dispute is due by Tuesday, the same day that voters in Tenafly and Englewood Cliffs will decide
their school budgets.
Following the recommendation, Education Commissioner Saul Cooperman is expected to issue a decision in early summer, In the dispute, Englewood Cliffs seeks to withdraw from a 22-year sending-receiving relationship with Englewood's Dwight Morrow High School, which is mostly black, and send its high school students to mostly white Tenafly High School. Englewood Cliffs has no high school for its approximately 110 high schbol-age students, Englewood has countersued, asking Cooperman to establish one regional high school for the three districts. It is also seeking to stop Tenafly from accepting students from Englewood Cliffs or EngJewood on a private tuition 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 thi dimensions of a crusade, wit." the issues greater than money,
Englewood Board of Education President Rodney Muth said, "There's simply no way we're going to allow other communities to say we're less than equal, that pur school system's no good. It's not something we have a choice about." Muth, who's been on the board for six years, said most of the money for the case has come from the $1.5 million surplus the district had built up when the case began, and not from educational expenditures. "No program has been cut, no curriculum limited because of the litigation," Muth said. But the continuing costs of the litigation have drawn the ire of the city's Board of School Estimate, which makes a non-bind'ing recommendation on the See VITAL Page B-5
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Springer's opinion is non-binding, 1 and 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 I from Englewood and send theiato Tenafiy 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 a number of Cliffs students would have a 1.:, ? " significant impact on racial balance," he f ; . , - wrote. ii The judge teiectf^^^-1
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wuuu IIMIIII.IIM TRENTON The court decision upholding Englewood Cliffs' ties to the Englewood school district could be the most important school integration ruling in New Jprsey in 17 years, experts say, State Education Commissioner .Saul _Cooperman has the final
.'.,' , ,/orcI on the "judge's* non-binding? M9v /.. > . . . . f . . .s,^,,i, and he must rule on the decision, cum ne must mJe on the P nation in black-white school i...... c_case within 45 days. Though nongntion," aaid MariJyn Morheuaef, 'ofracial baJance na case within 45 binding, judges'days. Though nonwhether sj executive director of the Educabinding, judges' rulings in educaruKncm i "* tion disputes are often supported tion Law Center in Newark. I_ Springer's j-umjg by the education commissioner. "And 1 expect it to go all the way Cooperman's ruling can be apto the New Jersey S u p r e m e the braies on currei by mostly white Bel Court," she said. pealed to the courts. "This is a ley Beach to drop great victory for racial integration^ In his decision, released Tuesgional district thej in a state that ranlcs fourth in the day, Administrative Law Judge overwhelmingly Ken Springer upheld the primacy Park, state educ
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V Referring to Tenafly's practice O of accepting Englewood Cliffs students, Springer wrote: "A pernicious practice in the John Degnan, took heart from public schools cannot be allowed that. to continue unchecked, simply be"I'm gratified the judge de- cause otherwise some parents bunked that," Degnan said. "If he might decide to remove their chilhad upheld it, there would be no dren from the public school sysway we could win in a court ap- tem." peal." Springer, who declined to disAttorneys for all sides expect cuss hia decision, said Tenafly's the case eventually to be appealed policy was "repugnant and plainly to the state Supreme Court. Coop- against the law." erman's decision can be appealed He called it a "beggar-thyto the state Board of Education. neighbor" policy designed to exThe board's decision can be chal- ploit the weaknesses of Dwight lenged in the courts. Morrow to counteract Tenafly's Marilyn Morheuser, executive own declining enrollment. director of the Education Law If C'ooperman were to follow Center in Newark, hailed the deci- Springer's recommendation, Ension as a landmark ruling for glewood and Englewood Cliffs stuschool integration. dents enrolled at Tenafly High If upheld, the ruling is likely to School could complete their eduhave a statewide impact by stop- cations, but no new students ping similar withdrawal plans else- would be accepted. Springer's decision does not rewhere, education officials said. The case also would affect Gov- fer to 15 tuition-paying students at ernor Kean's proposal to give par- Tenafly from 13 other districts. Tenafly's attorney, James Rothents the right to choose the school schild, predicted Cooperman their children attend. During the 99 days of hearings would allow the tuition policy. ' S p r i n g e r also r e j e c t e d that concluded last October, lawEnglewood's call for a regional yers for Englewood Cliffs introduced the results of a poll they high school, saying it would cost too much and would destroy both commissioned. Dwight Morrow and Tenafly High The poll indicated that even if School without necesssarily imCooperraan preserved the send- proving education. ing-receiving relationship, Engle.And he said a regional high wood Cliffs parents still would not send their children to Dwight school was no guarantee of achieving integrated education. Morrow. But those findings disputed "If the desegregation literature by Englewood apparently did teaches us anything," Springer
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vindicated... I'm close to crying." EngJewood Cliffs Board Presi'dpnt Sadri Garakani said, "If the outcome is different [than expectpd], we all have to accept that as a fact of life." Tenafly board members referred comment to board President Janet Ginsburg, who could not be .reached. ,. The case is expected to coat the three 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 opinionstrongly agreed with Englewood's contention that maintaining school integration was one of the .'most important factors in the case. There are 21 students from En'glewood Cliffs at Dwight Morrow, oil but two of them white or Asian. Dwight Morrow's student population is about 12 percent white, 20 perrent Hispanic, and 68 percent black. ' Tenafly High School is 98 perci=nt white or Asia;). Springer, however, rejected an A r g u m e n t from one of ; Englewood's experts that severing ' -the relationship would cause a "ripple" effect, prompting white nntl middle class black families to the Englewood school sys-
wood enter Into a; sending-recelvlng glewood Cliffs hlg attend Englewooc School. March 1977: Engle with the state com choose a new reo school students b contract with Engl< petition was eventu prosecution.
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other's actions, th> Tenafly-school bean thorizlng a new ssi ship, pending appro sloner of education. De, 83, 1935: Englt petition with the cc the sendlng-recalvlnf glewood, Jan. 21,1i88: Engiwj sloner to establish a t trict and to bar Tens dents from Englewooj Jan. S, 1887: Testing mlnlstrailve Law Judg ark In Englewood Cll| dents out of Dwight " Jan. 0,1987: Many Er have pulled children o] wrote, "it is that the force' of two districts, one predo ly white and one predor black, carries the greates'
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A group of students were rehearsing a play at Englewood'a "Dwight Morrow High School Tuesday when senior Stephen Coleman ran into the auditorium. He had the news they were waiting for: a judge had rejected Englewood ClifFs's suit to withdraw its students from Dwight Morrow. "There were a lot of smiles and a few tears," said 17-year-old Natasha Redwood. "We were hoping for the best, and it was a good feeling to know justice had been served such a good feeling." The much-publicized case, JDwight Morrow students said, had
hurt the reputation of the mostly black and Hispanic high school. During the trial, the quality of education at the school and behavior and grades of itn students were often nt isnue. But some Englewood Cliffs parents viewed Administrative Law Judge Kenneth Springer's ruling as anything but justice. The judge wants to bar the district from sending its students to Tenafly High School on a private, tuitionpaying basis. "I would say everybody still wants their kids out of Dwight Morrow," said parent Barbara Baris, echoing the comments of other residents, "I'm really surprised the judge ruled against us.
... I just think it's wrong to say Tenafly can't accept outside students." When told of the decision, Eileen Pepper, a co-president of the Tenafly School-Home Association, said she waa also surprised the judge would restrict Te.nafly from accepting Englewood Clifls and Englewood students. Dwight Morrow students contended Tuesday, as they have in the oast, that the suit was brought by Englewood Cliffs because the school is racially mixed and not because of the quality of education. The judge, students said, made the "only" decision. . "If the Englewood Cliffs students were allowed to leave, that
would, to me, be making a state-! ment about social claso and ignorance," said Dwight Morrow senior Audrey Taylor. "In other words Dwight Morrow ia a good school. I see no basis for what happened other thaa it ia predominantly black, school and many people here are in a lower [economic] class," aho said. News of the ruling has spread through Englewood "like wildfire," said Mitch Rosenberg, vice chairman of the Central PTA. "Everybody is ecstatic. It gives credence to what we've baen saying all along that tha only reason ... for this waa not quality but race," said Rosenberg. "Wa've been vindicated."
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TUESDAY, APRIL 26, 1988
NEW JERSEY R
Cliffs, Tenafly join forces in I

Ron MoHmdw
ird Staff Writer :
ENGLEWOOD CLIFFS - The Englewood Cliffs and Tenafly school boards will join legal forces to try to ensure that 15 eighth-graders from Englewood Cliffs and Englewood will be allowed to attend Tenafly High School in September. John Degnan, who is representing Englewood Cliffs in its suit to withdraw its students from Englewpod's Dwight Morrow High School and send them to Tenafly High School, said Monday that he and Tenafly*s lawyers will argue the case of the eighth-graders before state Education Commissioner Saul Cooperman. Degnan's announcement came as he told about 60 residents at an Englewood Cliffs Board of Education meeting Monday that he will fight an adminis-
trative law judge's recommendation that Englewood Cliffs should not be able to withdraw its students from Dwight Morrow because the move would adversely affect education and the racial balance at the
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Judge Ken Springer also recommended that Tenafly be barred from accepting new tuition-paying students from. Englewood and Englewood Cliffs, There are currently 92 such students at Tenafly High School. Springer's recommendations now go to Cooperman, who has until June 2 to issue his own ruling in the case, although he can extend that deadline to July 17. However, Springer's decision was not clear about 13 eighth-graders from Englewood Cliffs and twox *">" ^"'ewood who already have been accepted at
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ByEdKenslk and Matt Pagan

Staff Writers NORTHERN VALLEY - An administrative law judge invalidated the sending/receiving relationship among Englewood, "Englewood Cliffs, and Tenafly last week. But many questions were left unanswered in the three-way court fight among the boards of education in the three municipalities. While round one largely went to Englewood, Judge Kenneth Springer's decision left school officials wondering what will happen to the 15 Englewood Cliffs students enrolled as freshmen at Tenafly High School next year. "It's a sense of ecstasy which is permeating the district," said Englewood Schools Supt. Larry Leverett.
Tenafly loses out page 2

The court fight has been running since December 23, 1985, when Englewood Cliffs filed a lawsuit to sever its sending/receiving contract with Englewood. Tenafly later also filed suit against the city. In addition to the 15 Englewood Cliffs' eighthgraders enrolled at Tenafly. there are nine Englewood students and three Englewood Cliffs students attending Tenafly elementary schools. Tenafly school officials
See DISTRICTS, page 12
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12 - The SubMftewtte Neutpapen-Wedneitdav April 27,1988
The local Angle

Continued from oaae 1 page has AR dans tn tiant\arata on has 45 days to deliberate nn wondered last week whether Springer's recommendation. those students would be Prior to Cooperman's allowed to continue their decision, each side has 20 academic careers in the < days in which to list its system. grievances with the comThe Englewood Cliffs Board missioner. of Education entered into an Once these are filed, agreement to send the however, Cooperman can students to Tenafly on a either accept Springer's tuition-basis in the 1982-83 decision, deny it, or modify it. school year. The out-ofEnglewood Cliffs Coundistrict students attending eilwoman Arlene Wiczyk, who Tenafly each paid $5,480 in is also the governing body's 1987-88. liaison to the school board, "It is probably already too said last week the state late for the 1 5 students to be education commissioner admitted into a private approves the administrative school," said Tenafly Schools law Judge's decision "" Supt Gerald Dnfirnt* "i "pinoum or me time. m:,' - I - <" IOOI But not even Cooperman's eorry for those kids. I really word is final. Several Tenafly do." Judge Springer's decision Board members and trustees also recommended that said if the litigation continues, Englewood Cliffs not terminate the process could eventually its sending/receiving contract lead to the New Jersey with Englewood. Springer's Supreme Court. decision is not the final word, Yet Springer took a hard line however. with Tenafly, saying the State Education Comschool district "has been missioner Saul Cooperman fishing in troubled waters."
Districts ponder sending /receiving decision

u' *: . "Bluntly He continued, ..~. stated, the Tenafly Board has adopted a tuition policy which has the clear effect of enticing white and Asian students away from a nearby public high school already experiencing racial imbalance, thereby contributing to a polarized situation." The percentage of Cliffs students attending Owight Morrow dropped dramatics"1 from a high of 69 ppr" the 1980-81 *** . 2.6 percent ' ~ a one percent* .-.--.. black enrollment > while Owight Morrow has a 12 percent white enrollment. . "Tenafly has a much easier time," said Englewood School Board President Or. Rodney Muth about the differences in the school populations of the two high schools. "The judge also noted that Englewood is homogenous." Judge Springer also ruled that Englewood Cliffs could not have a dual sending/receiving relationship with the two towns. Of the four proposals for such a relationship, the only one granted was one proposed by Englewood that said Tenafly could not receive Cliffs students on a tuitionpaying basis. The judge wrote that while the "freedom of choice is an appealing idea, it would afford only the Cliffs parents the choice of either Tenafly or Owight Morrow, while the Englewood parents would The Tenafly board so far has made no promises. Prior to the ruling, Tenalfy trustees budgeted $175,000 for litigation for the 1988-1989 school year. Englewood Cliffs budgeted $80,000 for the fight while Englewood set aside $200,000. s While Englewood Cliffs was hit hardest by the decision, Springer also denied Englewood's proposal for a regional high school. "I personal believe tha regionalization is inevitable with the declining enrollment," Muth said. While Englewood won the first round, city school board member Russell Major said this is just the first step. "I enjoyed the decision, but it is a first step in a long way to go, "he said. Despite the decision, Englewood Cliffs parents . seem to be rigid in not sending their students to Owight Morrow.
students, in the aggregate, score consistently lower than Tenafly High School and other Bergen County high school students on standardized tests," wrote Judge Springer. Based on 1987-88 enrollment, 66 percent of the students at Owight Morrow are black while Tenafly's enrollment is 80 percent white. At Tenafly, there is only
By Ed Kensllt and Matt Pagan
Staff Writers
ENGLEWOOD CLIFFS Borough eighth graders may be allowed to attend Tenafly High School this fall if the state education commissioner approves a petition by the Englewood Cliffs and Tenafly boards of education.
Borough trustees unanimously agreed to join with Tenafly to ask State Education Commissioner Saul Cooperman for emergency relief for eighth graders already enrolled at Tenafly this fall. Tenafly officials said a decision two weeks ago by Administrative Law Judge Kenneth Springer left the status of those 13 eighth graders up in the air. School officials said two Englewood eighth graders are also- signed up to attend Tenafly for the next school session. The judge's decision said students enrolled in the school at the time of the decision may continue until they graduate. While Springer's ruling upheld .the contract between
Snglewood''!"^ Cliffs and Englewood, it severed any ties between Englewood Cliffs and Tenafly. While the board agreed to petition the commissioner and Englewood Cliffs parents said they were willing to continue the fight, some seemed hesitant about the cost of litigation. Englewood Cliffs Mayor Joseph Parisl said, at meeting during which the borough council cut $75,000 from the defeated school budget, that he objected to an $80,000 allocation for litigation.
Since the school contract battle started in 1985, Englewood Cliffs has spent nearly $1 million on the lawsuit. Englewood Cliffs Board of Education Attorney John Degnan said last week the next two rounds in the fight will cost $168,000. He also said it could cost an additional $50,000 if the board appeals the state commissioners decision or a ruling by the state board of education to the court's appellate division. That cost would probably fall in the 198990 budget, he said. Tenafly allocated $175,000
But trustees said no decision about an appeal would be made until after Cooperrnan's decision, according to Pam Shadzik, Tenafly's public information officer.' "Chances are best at the level of the state board," said Degnan, although he said he had not given up hope that Cooperman would reject Judge Springer's decision. Cooperman has 45 days, or until . June 3, to review Springer's decision. The state commissioner can receive a 45day extension until July 17, and Degnan said he expects Cooperman to take the extra time. Cooperman will review testimony as well as new data from the state board of education that includes a statement that no Englewood Cliffs eighth graders are enrolled at Dwight Morrow High School for the 1988-89 school year.
litigation. Tena fly's board of education met in closed session last Monday to discuss the situation, school board officials said.
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By Ron Hollander - Record Staff Writer
Englewood camouflaged tne educational shortcomings of its high school by accusing Englewood Cliffs of racism, and an administrative law judge fell for the strategy, lawyers for Englewood Cliffs argued in briefs filed Monday. The lawyers said the judge erred by maintaining the 21-year sending-receiving relationship between Englewood Cliffs and Englewood's Dwight Morrow High School and by refusing to allow the Tenafiy school district to continue to accept students from both municipalities. But Englewood's lawyers asserted just the opposite: that Englewood Cliffs has used charges of inferior education at Dwight Morrow most of whose students are black and Hispanic to mask prejudice among its parents, most of whom are white. Tenafly, meanwhile, said that it should be able to retain its tuitionpaying arrangement with both Englewood Cliffs and Englewood students. The counterclaims came in replies to last month's non-binding decision, by Administrative Law Judge Ken Springer, that upheld the sending-receiving arrangejasaiL The papers were filed with state Education Commissioner Saul Cooperman, In recommending dismissal of Englewood Cliffs' suit, Springer
opposed its request for a dual arrangement with Tenafly High School and Dwight Morrow in which parents could send their children to either at taxpayers' expense. Currently, 92 students from both districts pay tuition to attend Tenafly, whose student population is 98 percent white or Asian. Springer also rejected Englewood's move to establish a regional high school for all three districts. And he said Tenafly must cease accepting tuition-paying students from both districts, a practice he called "cream-skimming." Lawyers for Tenafly strenuously objected to Springer's recommendations. They argued that the tuition students wouldn't attend Dwight Morrow under any circumstances and instead would go to a private school. Englewood Cliffs' lawyer, John Degnan, said he was pleased that Springer found that his client's suit was motivated by educational considerations. But he disputed Springer's finding that the loss of three white Englewood Cliffs students the total number expected to be enrolled in all four grades at Dwight Morrow in September would have a significant impact on the 890-student school. And he said that Springer should have reached his decision based on educational shortcomings at Dwight Morrow rather than its racial balance.
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MAY 15, me
:hool Ruling Challenged

^ -'^ jr^îk T-rii By PRISCILLA VAN TASSEL
^.kO reasons" for wanting to sever a 22year relationship with Dwight Mor- Morrow was inadequate, even though it met state standards. Among their IHE TOWN of Englewood row High School. Judge Springer arguments were: 1 Cliffs, which wants to stop nevertheless said that such a move <JThe school's high dropout sending students to the would increase segregation and leave conservatively estimated to be rate," 7.78 heavily black and Hispanic the Impression that Dwight Morrow percent, or about three times the Ber- / was not good enough for whiles. Dwight Mprrow High School in neigh^ Englewood Cliffs, a community of gen County dropout rate for highJ boring Engelwood, has filed with the -r 5,700 that has no high school, wants to school students. slate's Commissioner of Education IA high administrative turnover, ~> us objections to a decision recom- reverse the decision and. enroll its with eif.;hf .superintendents and six <C students in neighboring Tenafly High mending that it not be allowed to pull _S School, which is 80 percent white and principals in the last ISyears. out! lThe third-lowest ranking of the 43 ~\n County dis 18 percent Asian. ' ^ : The case could have broad implicaAt the same time, both Englewood Huns for districts ih.it send students ing portion of the High School Profi- p> elsewhere or accept out-of-district Cliffs and Tenafly object to Judje cienry Test, and similarly poor re- students, for regionahzation arid for Springer's order, which prohibits suits on the mathematics and writing^--'.he right of students to pay to attend Tenafly from accepting Englewood portionsof the test. and Englewood Cliffs students on a schools in neighboring districts. "Englewood is not an urban district The Education Commissioner. Dr. tuition-paying basis. with :i paucity of resources." Mr. The Englewood Board of EducaSaul Cooperman. is expectedto make Degnan said. "Jt is a district that for 3 decision by mid-July;-but -the case' tion, in turn, has requested that a re- 10 years has not paid much attention' ' may intimately have to'be resolved gional high school be established for (o its high school jind let it drift from alMhree towns to adjust what it conby ihe State Supreme Court. being one of the best in the county to The decision to which Englewood siders to be a precarious racial bal- one ol[the worst." ance within its school system. biffs filed exceptions was handed Mr. Degnan said he was hopeful of rcown last month by Ken R. Springer, The Morrlstown lawn firm of Shan- a reversal, since the state's Board of fen Administrative Law Judge. The ley & Fisher is representing Engle- Education has taken a more liberal icasc) he wrote, involved "hard wood Cliffs In the case. John Degnan. stand in pices" among "occasionally com- a former State Attorney General and sending recent years on the right of a ' " district to sever sending-re- E?eilng state policy objectives, includ- a partner in the firm, said that Engle- ceiving relationships. 'n{ social Justice, academic excel- wood was using the segregation issue .- ""'IMhe state board allows withwee, freedom of choice and home to mask educational deficiencies. "Englewood has wrapped itself in a drawal of Englewood Cliffs under iile."- .> ... .. f . * protective cloak of affirmative asser- these circumstances." Mr. Degnan "Re-emergence of the stigma of Insaid, "it trtorliy associated with segregated tions of racial motivations." Mr. Deg: forward would be a tremendous step In -establishing thp poliry^ nan' said. "What this case is really/? thool systems would be a regressive th"aLrecelvlng districts have no' right Vclopment for public education in about is about a school system that ' tîejpiclj4e_iUd5^_aiid_JlmLJ4ese ji'iw'Jcrsey and would have serious has failed to be as good as it is capa- agreements are not entered into for "percussions far beyond the Im- ble of being." rflatc parties to this case," Judge Much of the trial before Judge the bcgejit of the receiving school so rvtriXK ~ - *i ~ Springer said In his ruling, adding Springer was spent comparing the ; it lhec,case could threaten -"race educational caliber of Dwight Mor- ' However,. ilailonsand soclal'coheslveness". in row and-Tenafly High Schools. .Law- ' Englewood Judge Springer called the system yers for Englewood Cliffs cited q education" which- 'a-o"goodrsolld thoolsthroughout the state. ~ ~ |Wh)le acknowledging that Engle- variety of reasons, from aging school equately prepares" ^Cliffs hod "genuine educational facilities to poor test results, to bol- lege andjprlater lifeT iter their .contention that* Dwighl He found the school's offerings to
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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 that the number of Englewood Cliffs students at Dwight Morrow fs artifically depressed because of the litigation and recent attacks on its reputation. While acknowledging that 1.6 percent may seem unimportant, Judge Springer ruled that the racial balance of Dwight Morrow was so precarious that even a small loss of white students would have a significant negative impact. He also cited an accompanying "symbolic loss." "The slicking .point here is not so much the actual loss of a few students, but what that loss would signify," Judge Springer wrote. "Those left behind at Dwight Morrow would -perceive the result as an implicit message that the school is not good enough for whites and Asians.'but is acceptable for blacks and Hispan-ics." " The "symbolic loss" is a key part of the Englewood Cliffs appeal. According to Mr. Degnan, the evidence offered was statistically dubious, being based on soft data, speculation and interviews with leading questions. One of the most controversial aspects was Judge Springer's order to bar Englewood and Englewood Cliffs students from attending Tenafly on a tuition-paying basis, except for those already enrolled in the school. T3iis_year. TenaHy
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The Springer.decision flies in the face of the current movement to provide more choice in public education, Mr. Rothschild said He sees it as a blow to public education in general, saying that Tenafly's policy was only taking students who would otherwise have attended private school. "The effeci^this decision.will be to strengthen "the private ^schools" at
zation for Englewood Cliffs would be a duaJLsending-receiving relationship in which parents could choose either Englewood or Tenafly, a suggestion Mr. Mytelka has called a "sham." The fate of the 13 Englewood Cliffs eighth-graders who have enrolled in Tenafly for next year is unclear and they also probably cannot enroll in other surrounding public schools on a tuition-paying basis. Q
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be broader and more comprehensive Chan Tenafly's, particularly in voca- tuition was high enough to effectively the expense of the public schools," he tional education and special educa- exclude black and Hispanic students. said, About IS percent of New Jersey's tion, adding that students might have concerned public-school districts accept private- a Mr. Mytelka is not with those about a better chance of getting into a top possible conflict who college when coming from Dwight tuition students, in part to maintain seek more choice in public schools. their academic offerings in an era of Morrow than from Tenafly. "Everyone $5$$) has discussed declining enrollment. Under Judge choice always discusses it in terms of - The EngJewood Board of Education was "delighted and exhilarated" with "Springer's ruling, Englewood and En- not permitting it to become a vehicle Judge Springer's assessments of glewood Cliffs children will be the for greater racial imbalance," he Dwight Morrow, according to its at- only students in New Jersey who can- said. "It's always coupled with that" torney, Arnold Mytefka of the New- not attend public school in\another /"In denying Mr. Mytelka's request District by paying tuition. ark firm of Clapp & Eisenberg, for a regional for all There is some -fear that, if the towns, Judge high school wrote three "They'feel that they're vindicated Springer , after, so severe an attack on their judge's decision stands, a!l<-schoois among other reasons, "vljjie_' that, 'educational system and their high 'may have to abandon their tuition regation .u-T-M " school," Mr. MyteJka said "This kind policies, especially if they attract stu- fFm5~if ;-literature teaches us of decision prevents" even:, greater dents from urban areas, two . ^__;2^.âjfeyv^.iauiiUJUy segregation and greater attrition, and /" "In an era when the Governor and __ -__.-jrnje^pj^d^min,antly white may help to increase .integration of Secretary of Education Bennett are I carrigiIjMIire|tesririsk of .black, while., the public schools of New Jersey.'' pushing excellence in education, it would seem anomalous that Tenafly Mr. Mytelka has asked Dr. Cooperwould be pwjished because of its ex- man to order regio.nalization or at Silence," said James Rothschild, a least a study of the issw, arguing that lawyer with the Morristown firm of "sjjcJTjeariJiave no place injsur putt ~" ~~ , Rtker, Danzig, Schener, Hyland & ir rv>1i>" '' ^^j.w.*,.maKXjâq?J^-perxeauiJ4Ffi \^Permti.,-which represents Tenafly. rpalatable variation.on regionalihij^sc^cQJlg-eftfoHmeiit OnJy three zation for EngJewood Cliffs would be wnjte. EogJewood Cliffs students ptan ' -the Springer decisionflies-inthe a ^.,^-^r^ wujjo u0/CTiis pian fn Rflc*ru4 rv-~l.< \i to auend Dwight Morrow next year, facettf the current movement to pro- in dual sending-receiving relationship' which parents could choose either vide more choice in public education, Mr. Degnan saki Mr. Rothschild said. He sees it as a EngJewood or Tenafly, a suggestion "Is it reasonable to find that the ..- Joss -otjttiree white^students in the blow 10 public .education in general, .Mr. Mytelka has called a "sham." The fate of the 33 Englewood Cliffs 188S-83 school year would have a sig- saying that Tenafly's policy was only ".;. otftcaoi jimpact on,racial balance at taking students who would otherwise eighth-graders who have enrolled in , Tenafly for next year is unclear and - DWighl"Morrow High School?'4 Mr. have attended private school.
* . Degnan: wrote in hie' appeal to Dr '-jCooperman. * "4 . *
i the., number.- olT:.EngJewood Cliffs*
THE NEW YORK TIMES. SUNDAY. MA Y IS, 1988
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for EngJewood a/gue
they "The effect of this decisja^îJl be mhe also probably cannot enroll in surrounding public schools on a strengthen the private schools at tai Uwr-pSying basis., "~
THE NEW YORK TIMES, It more comprehensive '^particularly in vocai and special educaSsiudenls might have jt of gelling into a top ming from Dwighf n Tenafly. d Board of Education id exhilarated" with assessments of i, according to its at.". :e9(a Of the NewjMiElsenberg. I Ihey're vindicated I an attack on their and (heir high fa said. "This kind .HIS even; greater realer attrition, and use.Integral Ion of JolNew Jersey." I Cllffs's conice-vyould not have 1 on racial balance f Englewood Cliffs attend Dwight pl.6percent.of jihe Jraent. Only three (Ms students plan lorrdw next year. tuition was high enough to effectively exclude black and Hispanic students. About 15 percent of New Jersey's public-school districts accept privatetuition students, in part to maintain their academic offerings in an era of declining enrollment. Under Judge Springer's ruling. Englewood and Englewood Cliffs children will be the only students in New Jersey who cannot attend public school in .another district by paying tuition. There is some fear lhat, if the Judge's decision stands, all-schools may have to abandon their tuition policies, especially if they attract students from urban areas. "In an era when the Governor and Secretary of Education Bennett are pushing excellence in education, it would seem anomalous that Tenafly would be punished because of its excellence." said James Rothschild, lawyer with the Morristown firm of Riker, Danzig, Scherer, Hyland & Perrettl(which represents Tenafly. The Springer decision flies in the face of the current movement to provide more choice in public education, Mr. Rothschild said. He sees it as a C. (lo find that the blow to public education in general, Mludenis in the saying that Tenafly's policy was only jni'ould have a slg- taking students who would otherwise p.raclal balance at have attended private school, i School?'* Mr. (appeal to Dr. to "The effect of this decisiojp'/ill be strengthen the private schools at '' ' * i argue that wood'Cliffs stu-. vlsariiflcaliy hf the litigation is reputation. ;$iai 1.6 perjortant, Judge (racial balance j so precarious ; of white stu(fllflcant negated an a'ccom""$ )[ here. Is not so w stuj would slgniliraic, "Those Morrow would ion Implicit. oils not good the expense of the public schools," he said, Mr. Mytelka is not concerned about a possible conflict with those who seek more choice in public schools. "Everyone ->vhQ) has discussed choice always discusses it in terms of not permitting it to become a vehicle for greater racial imbalance," he said. "It's always coupled with that." In denying Mr. Mytelka's request for a regional high school for all three towns, Judge Springer wrote that, among other reasons, "If the desegregation literature teaches us anything, it is that the forced merger of two districts, one predominantly white and one predominantly black, carries the greatest risk of white flight." Mr. Mytelka has asked Dr. Cooperman lo order regionalize ion or at least a study of the issue, arguing that "such fears have no place in our public policy." A palatable variation .on regionali281 ion for Englewood Cliffs would be a dual sending-receiving relationship in which parents could choose either Engleweod or Tenafly, a suggestion Mr. Mytelka has called a "sham." The fate of the 13 Englewood Cliffs eighth-graders who have enrolled in , Tenafly for next year is unclear and they also probably cannot enroll In other, surrounding public schools on a taition*p$ying basis. S
SUNDAY,
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jealton fired salvos at each -^''Sthgr Trr~wrirten exceptions to \e Law Judge i Kenneth Springer's ruling to 1 uphold the contract between the towns. Englewood Cliffs' attorney blasted Springer's decision in ! ^ upholding Englewood's contract, saying he based the ruling on a 1.6 percent enrollment decline at Englewood's Dwight Morrow High School if students were allowed to attend Tenafly High School. "Judge Springer fell prey to Englewood's snrilly asserted distraction," said the paper H 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 attending Dwight Morrow would be a "symbolic loss" to the white and Asian students at the high school. State Commissioner Saul Cooperman has until June 3 to study Springer's non-binding decision. But the state com; missioner is expected to ask for a 45-day extention until July ; 17.
I Attorneys for tne c.nauswt_n^vi -attend'Tenafly Higfi School. In '"*""' ffs~ancTE~ngtewocl-beaKJs-of the 1987-88 school year, 92
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students from Englewood and Englewood Cliffs attended Tenafly High School, in which the student population is 98 percent white and Asian. Englewood Cliffs attorneys accused the Englewood board of polarizing the case. "Shame on Englewood for so inflaming the views of its own .community, its own B^dentsi" and
"position is - distinctly relevant, | and it is time to force the i L Englewood Board to face reality of its own past derelictions." Englewood's attorneys fired back, asking whether Englewood Cliffs students decided to go to Tenafly because of the better facilities, "or were they really concerned about 'Black Morrow" and what were perceived to be its 'substantial drug problem,'
See SCHOOL, page 84
School fight continues

Continued from page 4 physical threats, and exclusion of whites from extracurricular activities." j Tenafly, meanwhile, took exception to Springer's decision to sever the connections between itself and Englewood Cliffs. The Tenafly attorney wrote that state statute permits any person not a resident in a school district to attend the district by the consent &i the school' board on a non-tuition or tuition basis.
stituted that would compel Springer's decision of the Tenalfy and Englewood Cliffs proceedings between Tenafly, to join in a regional high school. Englewood Cliffs, and Since the decision provided Englewood, I am concerned for the elimination of tuition with the judge's comment, students from these two adTenafly is hardly in a position jacent communities, would it of an innocent bystander. Not not be prudent to accept these only is the Tenafly board of terms as originally requested by education policy 'repugnant,' it Englewood, which would. is also plainly against tine law." . eliminate the further litigation (A case is noted in the findings and discussion of the need for a for this basis of law.) regional high school? In the past, the board of It appears that any further education of Tenafly advised controversy in this matter has the residents that the the potential of highlighting the Englewood board of education need for regionalization which asked the state commissioner the Tenafly board says it of education to prohibit Tenafly vigorously opposes. from accepting both Enqlewood Members of the Tenafly / ./' '/''(.' ( ;' i 'I Xl-.-
Consider a Cliffs and Englewood tuition board of education are trustees students. If this condition is to regional scl of public funds for a thorough ' continue, requested and -^\n reviewing theyremedy Kenneth efficient the further exJudge be that How would school system. an alternate inpenditure of legal fees provide a "thorough and efficient school system?" Would it not be better to allocate the $175,000 currently in the budget for legal proceedings to assist the rehabilitation of the facilities of Englewood High School, which 'the Tenafly board of education assessed as inadequate?
GEORGE AARON
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Tenafly urged to settle school case

. Record Staff Writer i
By John H. Kuhn
TENAFLY The Board of Education should pursue a negotiated settlement of litigation involving the Englewood and Englewood Cliffs school districts instead of spending more money on legal fees that already have topped $500,000, residents told the school board Monday. More than a dozen speakers urged the board to settle the case before state Education Commission Saul Cooperman accepts or rejects an April recommendation by an administrative law judge that would bar Tenafly from en-
rolling ahy more tuition-paying students from either Englewood or Englewood Cliffs. The board gave no indication of its own leanings Monday, but Board President Janet Ginsberg said the public's comments would be considered at a future session. About 100 residents attended the meeting. Administrative Law Judge Ken Springer ruled last month that Englewood Cliffs cannot end its sending-district agreement with Englewood and that its request to send its students to Tenafly High School should not be permitted. James Rothschild, an attorney representing Tenafly, said there were two attempts to negotiate a settlement -during the 10-month trial, which ended in February. Trustee Gail Haft, the board president last year, said Englewood refused to attend a suggested mediation session.
Bflfe Perry Levinsohn, who left the laoard last month, said "there wascfiever an effort to compromise." Dn. Howard Moskowitz, president 'of the 200-member Stonehurst Manor Association, urged the board to appoint a negotiating comrdittee to determine whether a compromise might be possible. Rothschild said 90 percent of the district's legal fees have been paid^He said Tenafly has spent $50^)00 on legal costs and predicted that additional fees will be less than $100,000. >rding to Schools Superinit Gerald DeGrow, Tenafly's rement in the case has cost between $750,000 and $800,000, including the expense of expert witnesses and transcripts of the 100 days of testimony. Collectively, the three districts have spent an estimated $3 million.
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Staff Writer
By Ed Ken
ENGLEWOOD Schools Supt. Larry Leverett was rehired for a third term last week. The board of education . unanimously approved his
appointment, noting the superintendent's to revitalize the school system. Since Leverett joined' the district two years years ago, test scores have gone up and attendance increased. Leverett will be eligible,for tenure if he is rehired again1 next year. "He has 'so many strengths," said board member and former
board president Dr. Rodney Muth. "He gave me the confidence to believe in the Englewood public school system," The council also named Professor Alice Peters as school board president and Russell Major as vice-president of the board. Sitting at his first board meeting was newly-appointed board member Dr. Michael J. Passow, replacing board member John Jacoby who did not seek reappointment. Leverett's latest success came with the sending/receiving decision by Administrative Judge'- Kenneth Springer.
Springer accepted three of the attendance improved from four opinions presented by the 88.57 percent in the 1985-86 Englewood school board. The school year to 90.8 percent, in only decision Springer rejected * 86-87. The drop-out rate went was the possibility of a regional from 20 percent in 1985-86 to high school system. 7.78 percent in 1986-87. Springer upheld the contract In his two years as between Englewood and superintendent, Leverett was Englewood Cliffs while cutting the spark behind the off Englewood and Englewood Englewood Partners *Jn Public Cliffs students from attending Education (EPPE), which Tenafly. strives to increase community Springer mentioned the awareness and the support for Increased grades on the SATs the public school system. (Scholastic Aptitude Test) and One of the superintendent's HSPT (High School Proficiency projects for the next school Test) and the decrease in year is a multi-cultural program student absencss during which would expose the Leverett's tenure. Dwight students to different cultures. Morrow High School's average
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By Ron HoUanctor
More Englewood Cliffs students would attend Dwight Morrow High School in Englewood if state Education Commissioner Saul Cooperman barred them from enrolling in Tenafly, lawyers for Englewood's school board said in court papers filed earlier this month. But attorneys for the Englewood Cliffs and Tenafly school'districts continued to insist that those students would not attend Dwight Morrow under any circumstances. The claims, filed May 19, represent the final arguments by all three parties before Cooperman decides whether Englewood Cliffs should be permitted to sever its 23year arrangement with Dwight Morrow and enter into a new accord with Tenafly High
'School. An administrative law judge last month recommended that the arrangement be upheld. Cooperman hopes to rule on the recommendation of Administrative Law Judge Ken Springer by the end of June, said Seymour Weiss, director of the state education department's Division of Controversies and Disputes. The commissioner has until July 18 to act. In his recommendation, Springer supported Englewood's request that Tenafly stop accepting tuition-paying students from both Englewood Cliffs and Englewood. About 92 students from the two towns attend Tenafly High School, at a cost to their parents of $5,480 each. Springer also denied Englewood Cliffs' request that its parents be allowed to send their children to either Dwight Morrow or
Englewood said the poll was Tenafly. And he turned down Englewood's request that one regional high school be es- ~ cause respondents knew that it wi] tablished for the three districts. sioned by Englewood Cliffs to In the briefs, Englewood's lawyer, Arnold litigation claims. Mytelka, wrote: "Deleting Tenafly High In an interview Friday, Weil) School as an option will be perceived as a could not state whether Cooper strong endorsement of Dwight Morrow and accede to Englewood Cliffs' rec will eliminate the 'uncertainty' in the minds quick decision on whether 14 eig of some parents about the school." from the borough would be Mytelka said a favorable decision by Coo- tend Tenafly High School in Sc perman would encourage more Englewood ' Because the eighth-graders Cliffs students to enroll, perhaps beyond the cepted by Tenafly before Spring eight that are projected for September. mendation, Englewood Cliffs Twenty-one Englewood Cliff's residents now they were technically enrolled ii attend Dwight Morrow. and should be able to attend no/ Englewood Cliffs and Tenafly, on the oth- Cooperman rules on the overa er hand, cited a poll by the firm of Penn & Weiss Schoen in which parents said they would response said Cooperman wou f from Englewood next send their children to private or parochial considering the request. Engle schools if they were barred from Tenafly yers have said they will oppose High School.
High school ruling Cliffs

opposed its request for a dual arrangement with Tenafly High Englewood camouflaged toe School and Dwight Morrow in educational shortcomings of its which parents could send their high school by accusing Engle- children to either at taxpayers' exwood Cliffs of racism, and an ad- pense. Currently, 92 students from ministrative law judge fell for the both districts pay tuition to attend strategy, lawyers for Englewood Tenafly, whose student population Cliffs argued in briefs filed Mon- is 98 percent white or Asian. S p r i n g e r also r e j e c t e d day. The lawyers said the judge erred Englewood's move to establish a by maintaining the 21-year send- regional high school for all three ing-receiving relationship between districts. And he said Tenafly must cease Englewood Cliffs and Englewood's Dwight Morrow High School and accepting tuition-paying students by refusing to allow the Tenafly from both districts, a practice he school district to continue to ac- called "cream-skimming." Lawyers for Tenafly strenuously cept students from both municiobjected to Springer's recommenpalities. But Englewood's lawyers assert- dations. They argued that the tued just the opposite: that Engle- ition students wouldn't attend wood Cliffs has used charges of in- Dwight Morrow under any cirferior education at Dwight cumstances and instead would go Morrow most of whose stu- to a private school. Englewood Cliffs' lawyer, John dents are black and Hispanic to mask prejudice among its parents, Degnan, said he was pleased that Springer found that his client's most of whom are white. Tenafly, meanwhile, said that it suit was motivated by educational should be able to retain its tuition- considerations. But he disputed Springer's findpaying arrangement with both Englewood Cliffs and Englewood stu- ing that the loss of three white Englewood Cliffs students the todents. The counterclaims came in re- tal number expected to be enrolled plies to last month's non-binding in all four grades at Dwight Mordecision, by Administrative Law row in September would have a Judge Ken Springer, that upheld significant impact on the 890-stuthe sending-receiving arrange- dent school. And he said that Springer ment. The papers were filed with - state Education Commissioner should have reached his decision based on educational shortcomSaul Cooperman, In recommending dismissal of ings at Dwight Morrow rather Englewood Cliffs' suit, Springer than its racial balance.
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Trustees debate settling suit

By Ed Kensik Staff Writer TENAFLY - The borough school board is mulling whether to settle its three-year fight over the sending/receiving contract % 1 with Englewood and Englewood I f Cliffs.
i i end the fight, which has cost all i

i three towns more than $3 million
Trustees are being pressured to
i and lasted since 1985, after more
than 100 residents protested the money spent on litigation at a recent board meeting. Last month, Administrative Judge Kenneth Springer upheld Englewood's right to continue the contract with Englewood V \o Cliffs while rujing that EnglewTenaflîbVard member Jim ood Cliffs students could not Byrne^said he is leaning toward enroll at Tenafly. Springers r Vlj8ome type of settlement. recommendation is now on Staffed "There's a lot of sentiment from Education Commissioner Saul the public to settle the case," he Cooperman's desk for a decision said. "I can't disagree with the to be given later this month. sentiment, and I possibly feel that
According to Englewood Cliffs Board President Sadri Garakani, Tenafly School Board President Janet Ginsberg called to see if she could meet with her to discuss a settlement. But Garakani said she wanted to discuss the subject with the board at Monday's meeting. Ginsberg was unable to be reached for comment. Tenafly Schools Supt. Dr. Gerald Degrpw said a settlement has been discussed in closed session. According to former board president Dr. Gail Haft, the board set up a committee of Ginsberg and Board Attorney Tom Rothschild to discuss a settlement. v ,X?
it is the right way."Byrne said he would have to consider the legal ramifications down the line. He said the cost to appeal Cooperman's decision would be better spent on education, Other members of the board would not discuss the subject. Former board member Dr. Perry Levinsohn is in the process of forming a citizen's group to press the board to settle.
"This is a common sense matter," he said. "This is a shameful waste of money. People in Tenafly want to have it . settled, and they'll take (Springer's decision)." Levinsohn said he voted to bring in the Englewood Cliffs students back in 1983 if only the commissioner okayed the decision. "People do have the right to change their mind," said board member Byrne who originally voted to accept the Englewood
is students. "The issue we're wrangling with right now is the idea with the 15 students (from Englewood and Englewood Cliffs) who are committed to Tenafly next year," said Byrne. According to Byrne, DeGrow moved to represent the parents of those 15 children, but the board rescinded the action. "We didn't want to pay for the representation of those 15 children," he said. Englewood Cliffs has petitioned Cooperman to allow the 15 students to go to Tenafly next year, and the Englewood Cliffs school board said the decision by Cooperman may come too late and leave the, parents and students without a high school to attend. Englewood's attorneys have said they would fight that recommendation if Cooperman allowed -the eighth graders to go to Tenafly next year.
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Tempers on school suit

T Î-IP ' In Cliffs, recnmmations over the Englewood case
By JMR Rimbmsh
t Cofrgspondant
ENGLEWOOD CLIFFS A Board of Education meeting last week erupted in screaming among trustees and parents during bickering over the dis- * tricts' handling of its lawsuit against the Englewood ' Board of Education. The meeting was highlighted by normally quiet trustee Stewart Farber making a loud, emotional plea for an end to the bickering and a former PTA co-president denouncing bis remarks. Board meetings have been tension-packed since trustee Sadri Garakani assumed the board presidency and decided that trustee Carin Geiger, former liaison to the district's lawyers handling the . litigation, should be forced to resign. Tempers initially flared Monday when board attorney Steven Fogarty told parents that the district's petition before the state commissioner of education to get its eighth-graders into Tenafly High School in the fall may fail, and they should seek an alternative high school. The 14 youngsters have been accepted at Tenafly as tuition-paying students. Their states became unclear in April when a state administrative law judge ordered Tenafly not to accept new tuitionpaying students from either Englewood Cliffs 01 Englewood. ^Parents and some trustees lead by Garakani insist the eight-graders' education is in "limbo" because Geiger did not tell them to seek an alternative high school and deceived them into thinking that Englewood Cliffs would win the case. If the administrative ruling stands, Englewood Cliffs will be obligated to maintain its sendingreceiving relationship with Englewood and the city's Dwight Morrow High School. But Geiger and Farber, among others, said it has been a widely publicized possibility from the start of the case, which has cost the district $1.3 million, that children might be barred from attending Tenafly High School. "It's amazing to me how people conveniently don't know things that are public knowledge.... I find it difficult to believe this," Farber said. Some parents considered Farber's comment an insult. "Would we be that stupid, tiaat ignorant, to sit here with our children's education at stake and not do anything?" parent Rhea Stassou said. Several heated exchanges ensued among residents and trustee, during the meeting, with some residents calling the trustees "childish." But one squabble among Garakani, Geiger, and trustee See ANGER Page A-35
TUESDAY, JUNE 14, 1988
Decision on 8th-grade transfers weeks away

Fourteen Englewood Cliffs eighth-graders will have to wait a few weeks for a decision on whether they can go to school in Tenafly next year instead of Englewood State Education Commissioner Saul Cooperman denied a motion by the Englewood Cliffs school district for an early decision on whether the students can attend Tenafly High School. Cooperman said he will decide the students' case when he rules in early July on the full petition by Englewood Cliffs to withdraw its high school students from Englewood *B Dwight Morrow High School and send them instead to Tenafly. The 14, plus a student from Englewood who was not part of the motion, were accepted as private tuition-paying students at Tenafly, but subsequently a judge barred Tenafly from acceping such students from Englewood or Englewood Cliffs.
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8th graders told to make alternate plans for school

By Ed Kensik
Staff Writer ENGLEWOOD CLIFFS Eighth graders counting on going to Tenafly High Schoolnext year better make alternative arrangements, a borough school official said last week. Parents of eighth graders were told by board attorney Steven Fogarty last week that chances of state Commissioner of Education Saul Cooperman allowing 14 Englewood and Englewood Cliffs students to attend Tenafly High school were slim.
r'If you have another alternative, you should take it," Fogarty said. "We're very scared," said one parent. "We were left holding the bag. We're now just trying to find a place we can send mem." Of the 14 parents who applied to send their children to Tenafly, six to eight also applied to Dwight Morrow, according to one parent. Parents also mentioned Paramus Catholic . High-School wtAc.ademy.9f Jtje,
Holy Angels in Demarest as alternatives to Tenafly. A glimmer of hope was offered by trustee Carin Geiger who said a measure approved at a recent state School Boards conference bodes well for the district's fight to send students to Tenafly. The resolution passed by the State School Boards Association says school districts involved with expired sending/receiving contracts should be allowed to . send students to another district. According to Geiger, in the past three years, efforts to pass the resolution were opposed. Fogarty said Cooperman will decide on the status of the 14 eighth graders by mid-June. He also said he expected to have a decision on Administrative Law Judge Kenneth Springer's recommendation before the middle of July. In April, Springer recommended the Englewood Cliffs sending/receiving contract with Englewood be continued but advised against allowing any more Englewood Cliffs or Englewood students to attend
Cooperman ruling expected this week

By Ed Kensik
Staff Writer ENGLEWOOD - A decision from State Education Commissioner Saul Cooperman is due this week on the sending/receiving contract among Englewood, Englewood Cliffs and Tenafly. It is expected that Cooperman will agree with Administrative Judge Kenneth Springer's decision which upheld the Englewood position that Englewood Cliffs students must attend Dwight Morrow High School. The legal battle has been fought since December of 1985. It has cost all three parties more than $3 million. Tenafly began accepting Englewood Cliffs students in 1983. Since then, the majority of Englewood Cliffs students have been attending Tenafly High School. Cooperman can either accept Springer's decision, deny it, or See COOPERMAN, page 5
Cooperman decision expected this week

Continued fronrpagel
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modify it. J2/*/*. After Springer's decision in April, Englewood Cliffs Attorfiey John Degnan told Englewood Cliffs parents that Cooperman has agreed with administrative judge's decisions in the past. Degnan told the crowd the best chance of reversing Spnnger s opinion is going before the state board of education. Springer said Tenafly could not receive Englewood Cliffs students on a tuition basis. The judge also said Englewood Cliffs could not have a sending/ receiving contract with Englewood, and also set-up a contract with Tenafly. . Since Springer's decision, Englewood Cliffs petitioned Cooperman to allow 14 eighth graders to attend Tenafly next year. But the State Education Commissioner has not made a decision on the petition. While Cooperman has been deliberating on the case, Tenafly has been getting pressure from residents to settle the case and has been discussing that possibility in closed session.
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- By Ron Hollander
In a resounding affirmation of the importance of integration in public schools, state Education Commissioner Saul Coopernian on Tuesday denied Englewood Cliffs' bid to pull its students from Englewood's Dwight Morrow High School and send them to Tenafly instead. The Englewood Cliffs and Tenafly school boards haven't decided whether they will appeal the decision, but several trustees said they oppose spending any more money on the dispute. The three-year battle has cost the three districts almost $4 million. "I would not spend even one more penny
"No one couJd seriously believe that racial prejudice and circumvention of integration is not at play in this case," Cooperman wrote. on it," said Englewood Cliffs board PresiHe wrote that although "painfully few dent Sadri Garakani, adding that she was white students remain" at Dwight Morrow, expressing only her own opinion and not their absence still could have a "significant speaking for the board. negative impact on racial composition." Cooperman's 47-page decision was hailed Englewood Cliffs students attending by some education experts for its strong Dwight Morrow number fewer than 20 but support of integrated education. In the decision, Cooperman rejected En- are 16 percent of the white population there. glewood Cliffs' argument that better educaDwight Morrow is 88 percent black and tional quality at Tenafly not the racial Hispanic. Most of Englewood Cliffs' stumakeup of Dwight Morrow motivated dents are white and Asian, like Tenafly the suit. / High School's population. Englewood Cliffs Englewood Cliffs trustees divided on appealing decision.
A- 7
does not have a high school and has had a sending relationship with Englewood for 23 years. "I say hooray for this decision," said Herb Green, director of the Institute for Citizen Involvement in Education at New Brunswick. "It says that we in this state continue to stand for integration in our public schools." Marilyn Morheuser, executive director of the Education Law Center in Newark, agreed "It shows a continuing resolve by the Education Department to give great weight to the importance of integration in See CLIFFS Page A-7
, tutuius .cdigjewood Cliffs parents to send any more students to Tenafly as private, tuition-paying students. Sixty-eight such students are to attend Tenafly High School in September, each paying $5,990 tuition. A like number attend private schools, and only 18 attend Dwight Morrow, which is free to them. Englewood parents also may not send students to Tenafly. The decision, which affirms the recommendation, issued in April, of Administrative Law Judge Ken Springer, strengthens the state's present 187 sending-receiving relationships, educators said, especially between districts where there is a racial disparity. In similar conflicts, Bradley Beach and Belmar are trying to withdraw from the predomi nantly minority Aabury Park -"--' O-...J.L T Grove,
^v/ujjcjuicuj aiso denied Englewood's request swood'srequest to create a regional high school district with Tenafly and Englewood Cliffs. And he said that Englewood Cliffs cannot have a dual sending-receiving relationship with both Englewood and Tenafly. ....j j,.ti. ui ouopermnn's decision, can be appealed to the state board within 30 days. There is no time limit for the state board to rule on an appeal. Education officials said it is not uncommon for the board to. take a year to decide a case. The case could be further appealed in the state court system.
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that rejects ,,-_, .., . .. .,g..cwuoa s attorney, Arnold Mytelka. *>, But Englewood board President Alice Peters said she didn't know: "I haven't seen the jbjpision, but from what the attorneys have tola me, I couldn't be happier." Tenafly got about 20 new students annually from Englewood and Englewood Cliffs, la four years, their absence will cost the district m.ore than $400,000 a year in lost tuition fees. Sehdol Superintendent Gerald DeGrow said the -district will have to make up for the shortfall by some combination of cutting the budget, raising taxes, and cutting staff and programs,Cooperman also denied a request by Englewood Cliffs to allow 14 eighth-grade students accepted by Tenafly before Springer's ruliog^to attend in September. "^ The action will have cost the three districts i,859,500 through next .T - '- ' "
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the davoanoa said he would like to seek a refund. Trustees Steven Rubinsky and Pat Drimones could not be reached for comment. Last week, the board met with Whitmer after asking him to review the case because "we lost everything and we lost badly," Garakani said, adding: "We wanted to see where we went wrong."
perman ruling affirms importance of integration

ByEdKensik Staff Writerj^ State Education Commissioner SauJ'Coopenuan last week upheld the sending/receiving contract between Englewood and EngJewood Cliffs and affirmed the importance of integration in public schools. As expected, Cooperman agreed with Administrative Law Judge Kenneth Springer's decision that the loss of students from Englewood and Englewood Cliffs to Tenafly High School would harm the educational quality and racial composition of Dwight-Morrow High School in Englewood. Englewood Cliffs filed a petition in 1985 to sever its contract with Englewood and send its students to Tenafly. Coeperman also denied Englewood Cliffs the right to begin a dual sending-receiving contract with both towns, and prohibited Tenafly from accepting Englewood and Englewood Cliffs students on a tuition basis. Cooperman denied Englew5 ood's request to create a regional
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High School on educational grounds "naive." "While the Englewood Cliffs Board has put forth a series of educational reasons for wishing to sever its sending/receiving relationship with the Englewood Board, it is naive to suggest that racial considerations are not implicated give the demonstrable "white flight" from DwightMorrow High School that has occurred since die late 1970's," wrote the Commissioner. Based on 1987-88 enrollment, 66 percent of the students at Dwight Morrow are black while Tenafly's enrollment is 80 percent white. At Tenafly, there is only a one percent black enrollment. Dwight Morrow has a 12 percent white enrollment. The percentage of Englewood Cliffs students attending Dwight Morrow dropped dramatically from a high of 69 percent in the 1980-81 school year to 2.6 percent, or 21 students in 198788. "The Cliffs Board is wrong in its assertion that the flight of Cliffs students has been exonerated because educational reasons for severance were found to have been advanced by the Cliffs Board. As previously stated, no one could seriously believe that racial rejudice and circumvention of integration is not at play in this case." Cooperman wrote.
The Board of Education Commissioner also rejected the petition by Englewood Cliffs to allow eighth grade students enrolled at Tenafly next year to go because of hardship. "Contrary to what is argued, those students were not enrolled at Tenafly High School or any other Tenafly school at the time of the Administrative Law Judge's decision. They were enrolled in and attending the schools where their eighth grade is located. To argue otherwise is meritless." Cooperman, however, ruled that Tenafly was allowed to accept students on a tuition basis from other districts. Tenafly is the recognized district for Alpine high school students and accepts students from other municipalities as well. Cooperman said Englewood Cliffs parents do have a choice in selecting high schools for their children. "The Commissioner concurs with the Administrative Law Judge that it is of no moment that Cliffs parents in this matter have no intentions of sending their children to Dwight-Morrow," the Commissioner wrote. "They are free to send their children to private or parochial school and that right is in no way infringed upon by this decision."
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trustee resigns in protest

Urges end to suit over high school
By John H. Kuhn, Inn Rimbach, and Paul Schwartzman
Record Staff Writers
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Fallout from litigation that has entangled three school districts took new twists Monday when a Tenafly trustee resigned to protest bis district's continued participation in the case, and Englewood Cliffs trustees sought to distance themselves from a report that the case was racially motivated, "I can't serve in this environment," said James Byrne, a fiveyear trustee, who announced his resignation to stunned colleagues. "The board has chosen to implement a policy that is clearly against the public good and against the wishes of a majority of the people of Tenafly." Meanwhile, Englewood Cliffs trustees and residents reacted to a July 22 Record article that quoted the president of the school board as saying her district's lawsuit to withdraw its students from Dwight Morrow High School in Englewood 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 which Iwas obtained by The Record. w ; "The board's position [is] that fl -the comments attributable to Mrs. Garakani correctly or incorrectly are certainly not the position of the Englewood Cliffs board," jboard attorney Stephen Fogarty said. - "The board is, to say the very least, most upset, disgruntled, and, frankly, very angry that the sum and substance of these minutes found their way into The Bergen Record," Fogarty added. Garakani, for her part, said she had been quoted "out of contort." "I don't know who leaked it," she said of the minutes. "I dont trust the papers any more." Garakaai's reported comments mirrored those made by state Education Commissioner Saul Cooperman when he barred Tenafly from accepting tuition-paying
TI ^, mmncr what you call U^= misguided or committed to 'the cause one thing is clear: The Englewood Cliffs,
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Ei^glewood,,andiTenafly, boards of education are still in there fighting the school battle.
In a nutshell, Englewood Cliffs wants to sever its sending/receiving contract with Englewood and send its students 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, but their decisions were definitely victories for Englewood. Last week Englewood Cliffs decided to appeal, continuing its quest to sever its contract with Englewood. Tenafly, noting Englewood Cliffs' move, also decided to appeal. Meanwhile, Englewood, not to be outdone, counter-sued and decided to make another bid for regionalization. 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 Englewood's Dwight Morrow High School is inferior school board trustees said two things last week: The state board of .education has been known to overturn the commissioner's decisions, and they have $15,000 budgeted for the appeal. Neither reason seems substantive when you examine the 1 real Jssue, / 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 High Schoojjare white.
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It is important to maintain a racial balance at Dwight Morrow, and if that means a few Englewood Cliffs and Englewood parents will be deprived of sending their children to Tenafly, so be it. Those parents still have the option of sending their children to a private school or to another school district. Prejudice is an insidious disease that infects the minds of youth and grows with time and age. There is no rationale for its existence, except for the fears of small-minded people. While it would be just as loathsome to say Englewood Cliffs parents do not want their children to attend Dwight Morrow solely because of prejudice, that is the predominant feeling one takes away from this battle. If Dwight Morrow were 66 percent white, would there be a lawsuit? If Englewood Cliffs parents and school board trustees indeed find the quality of education at Dwight Morrow deficient, their energy and money would be better spent enriching their children's academic lives, instead of fighting, a nonsensical battle.
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Englewood Cliffs residents can say all they want about inferior education and crime at Dwight Morrow, but state, Education Commissioner Saul Cooperman is right: to believe that anything other than race is the motivating factor behind the lawsuit is naive.
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FRIDAY, JULY 1, 1988
Cliffs rejects schoolapplicant

By Juan Rfmbtch
Correspondent
ENGLEWOOD CLIFFS - Joseph Cornell, the former superintendent of the Allendale school district, fell one vote short of winning a similar position in the embattled Englewood Cliffs school system Thursday. A second vote is scheduled for July 11. Board President Sadri Garaknni cast the lone vote against the appointment, while four trustees Adela Chersich, Patricia Drirnones, Lynn Liaskos, and Dennis ju fScIavounos abstained. The finnl
tions. her to reconsider her vote. voted to approve Cornell's ap"I had a doubt in my mind and I The Allendale board and Cor- pointment to the $80,OGO-a-year wanted to clear the water before I nell, who served for nine years, post, said he was "very personally drink it," said Chersich, who cast have acknowledged only that the disappointed" in the decision. the deciding vote. resignation was due to "philo- Farber said he hopes the trustees Principal Nicholas Mamola has sophical differences." Cornell's who have reservations about Corbeen acting superintendent since tenure at Allendale was marred by nell can "work them out" so that Jamie Savedoff resigned in March bickering with trustee Betty Di- he is appointed at a later date. after about a year on the job. Save- Gruittila and the chaos carried Farber initially asked the board doff was the third superintendent over into the school election, di- to "rally behind" Cornell by apto resign in about two years. viding the district into two camps. proving his appointment unaniDrimones, for her part, said she Garakani initially asked the mously. He said Cornell's experiwas unaware of the $177,000 set- board to table a vote on Cornell's ence would be an asset to the district, ..that., occurred be-ijjj tlement Cornell had received when appointment until she and other Ptween Cornell what*the Allr.<tiJ he recently resigned his Allendale^ (trustees could meet'with him and* board in in t.ho and' discuss the conflict,, in Allendnle. , post* until 'she 'read 'of it in The ^Rut no fino ^ tl.wood CUTfm ngleci hor Record Thursday. She sid she
sending/receiving litigation
subject. At the first meeting of the Tenafly Board of Education following Judge Springer's decision, I said during citizens remarks that Tenafly should immediately notify Englewood that it was willing to accept Judge Springer's decision. While I always felt mat Englewood was the agrieved party, I can hope that statesmanship and good - sense would have Englewood join Tenafly in notifying state Education Commissioner Saul Cooperman of its willingness to accept Springer's decision before the commissioner rules on the case. I Judge Springer's decision recommends against forced regionalization of the Tenafly
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whelming majority of the citizens of Tenafly, a cross-section of whom made their views known at the May 23 board meeting. For either board to disregard Judge Springer's decision would be totally irresponsible. The
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Cliffs is more than $3 million. - That's incredible. ^ The arguments have all been \. This isn't a case wher
at all likely that new evidence \l be introduced that
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Dear Editor: Though I did not run for reelection to the Tenafly Board of Education in April, I have read the 80-page decision by Judge Kenneth Springer on the litigation involving the school boards of Englewood, Tenafly, and Englewood Cliffs. The frustration 1 felt during the long process has been overwhelming. Not once was any of my advice or suggestion for settling the case ever given any serious consideration by the rest of the members of the Tenafly board. Now as a private citizen, I no longer feel any legal constraints in speaking out on the
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tuition students from Englewood and Englewood Cliffs. Any* attempt by either community to seek some additional advantage will again bring into the process the negative attitudes that give this type of lawsuit a life of its own. Tenafly has appealed to Commissioner Cooperman to allow the 15 students who enrolled in Tenafly's next freshman class to do so in spite of Judge Springer's recommendation to prohibit their enrollment. That appeal sent the wrong message to Englewood and possibly to Commissioner Cooperman. It surely does not reflect the thinking of the over'!
again present the same arguments before different hearing bodies at great additional expense. I suggest that the money presently in the three school budgets for legal fees be put in the classroom where it belongs and not in the courtroom. PERRY LEVINSOHN Tenafly
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Cooperman ruling expected this week

ENGLEWOOD - A decision from State Education Commissioner Saul Cooperman is due this week on the sending/receiving contract among Englewood, Englewood Cliffs and Tenafly. It is expected that Cooperman will agree with Administrative Judge Kenneth Springer's decision which upheld the Englewood position teat Englewood Cliffs students must attend Dwight Morrow High School. The legal battle has been fought since December of 1985. It has cost all three parties more than $3 million. Tenafly began accepting Englewood Cliffs students in 1983. Since then, the majority of Englewood Cliffs students have been attending Tenafly High School. Cooperman can either accept Springer's decision, deny it, or
COOPERMAN, page 5
Cooperman decision expected this week . "
. Continued modify it. "7/4 After Springer's decision in April, Englewood Cliffs'Attomey John Degnan told Englewood Cliffs parents that Cooperman has agreed with administrative judge's decisions in the past. Degnan told the crowd the best chance of reversing Springer's opinion is going before the state board of education. Springer said Tenafly could not receive Englewood Cliffs students on a tuition basis. The judge also said Englewood Cliffs could not have a sending/ receiving contract with Englewood, and also set-up a contract with Tenafly. Since Springer's decision, Englewood Cliffs petitioned Cooperman to allow 14 eighth graders to attend Tenafly next year. But the State Education Commissioner has not made a decision on the petition. While Cooperman has been deliberating on the case, Tenafly has been getting pressure from residents to settle the case and has been discussing that possibility in closed session.
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Citing Race. Jersey Bars Student-Shift Plan

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5,700 with no high school, had asked Dr. Cooperman to end a 21-year agreement under which it sent its TRENTON, July 12 New Jer-. sey's Education Commissioner today high school students to Englewood's Dwight Morrow School, where prohibited Englewood Cliffs from the student bodyHigh799 is about 66 removing its students from a pre- percent black and of percent Hispan18 dominantly minority-group high ic. Englewood Cliffs sought instead to school in Englewood, ruling that a send its high school students to Tenawithdrawal would have a "significant fly High, which is 80 percent white negative impact" on racial balance and 18 percent Asian. and educational quality. This fall, only students The Commissioner, Dr. Saul Coop- from Englewoodthree white to enroll Cliffs plan erman, also barred Tenafly from ac- at Dwight Morrow, and the communicepting high school students from En- ty's school board argued that their glewood or Englewood Cliffs on a tui- departure would not cause significant tion basis, on the ground that the racial imbalance. The Commissioner policy encouraged "white flight" and rejected the argument, saying his rulincreased segregation. ing dealt Dr, Cooperman's ruling was the dents butnot only with those three stualso with future high-school first.formal and binding one in a students. sensitive and complicated dispute Englewood Cited Bias that began in December 1985. In his ruling, the Commissioner In the academic year that ended told the school boards in the three last month, 76 high school students communities that he had, under the from Englewood Cliffs and 16 from State Constitution and law, "a heavy Englewood attended Tenafly High. responsibility to vigorously and ag- They paid an annual tuition of $5,480. gressively combat threats to racial His ban on the high school's tuition balance in our schools." plan covers all Englewood and Engle21-Year Agreement wood Cliffs students not attending the He said it was "absolutely essen- high school or eighth grade in Tenafly tial" for Englewood Cliffs and Englewood to resolve their long squabble and begin working together to meet their students' eductional needs. Englewood Cliffs, a small, uppermiddle class community of about By ROBERT HANLBY
Special 10 TTte New York Times
as of last April 18. On that date, the administrative law judge, Ken R. Springer, issued a preliminary ruling urging Dr. Cooperman to deny severance of the Englewood Cliffs-Englewood relationship and to bar Tenafly's tuition policy. Englewood had argued that Englewood Cliffs' withdrawal petition was based on racial prejudice. Englewood Cliffs emphatically denied the charge and said its motivation was solely educational. It cited chronic administrative turnover at Dwight Morrow in recent years and poor student behavior and attendance and vandalism and fighting in hallways and classrooms. Englewood also argued that withdrawal by Englewood Cliffs would deny Dwight Morrow high-achieving students and encourage black and Hispanic students to leave the school. In response to the ruling, a lawyer for Englewood Cliffs, John J, Degnan, said: "I think he gave too little weight to freedom of choice. Students ought to be allowed to choose the school that suits their need." Tenafly's lawyer, James S. Rothschild, did not return calls left at his office.
ENGLEWOOP CLIFFS VS. PWI6HT MORROW

Q. What did state Education Commissioner Saul Cooperman decide? 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 Englewood. Englewood Cliffs, which has no high school, wanted to switch to Tenafly High School. Q. What were the major issues? A. Englewood Cliffs argued that students would get a better education in Tenafly. Englewood disputed that and said that the loss of Englewood Cliffs students, most of whom are white, would further upset the racial balance at Dwight Morrow, which is predominantly black and Hispanic. Q. What effect will Cooperman's ruling have on other school districts?
A. It strengthens the state's present 187 sending-receiving relationships, especially between districts where there is a racial disparity. Similar battles are brewing elsewhere in the state. Bradley Beach and Belmar are trying to withdraw from the predominantly minority Asbury Park district, and Merchantville wants to leave Penns Grove.
Q. Will Tenafly be able to accept students from any other district?

A. Yes. It is the recognized district for Alpine children. In addition to 68 students from Englewood and Englewood Cliffs, the district has 17 students from Leonia, Saddle River, Fort Lee, New Milford, and other districts, who may continue to attend Tenafly High School.
Q. What are the options for Englewood Cliffs students who have just graduated from the eighth grade?
A. They can attend Dwight Morrow or find a private school. It is unlikely that any other public high school would accept them as tuition students after the ruling.
Q. How much money has been spent on the case?

A. The three school districts are spending close to $4 million, not including any appeals that may be filed.
Q. What happens next? A. The decision can be appealed to the state Board of Education within 30 days. The board could take as long as a year to affirm or overrule Cooperman's decision. The case could then be appealed to the Appellate Division of Superior Court.
Englewood Cliffs trustees divided on appealing decision
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Jt | 'SHI Education Commissioner Saul Cooperman

on Tuesday denied Englewood Cliffs' bid to
In a resounding affirmation of the impor-4 ^k tance of integration in public schools, state
"JSJo one could seriously believe tnat racial * prejudice and circumvention of integration is not at play in this case," Cooperman wrote.
does not nave a high a sending relationship wi

years.
on it," said Englewood Cliffs board President Sadri Garakani, adding that she was pull its students from Englewood's Dwight expressing only her own opinion and not Morrow High School and send them to Ten- speaking for the board. Cooperman's 47-page decision was hailed afly instead. The Englewood Cliffs and Tenafly school by some education experts for its strong boards haven't decided whether they will support of integrated education. In the decision, Cooperman rejected Enappeal the decision, but several trustees said they oppose spending any more money on glewood Cliffs' argument that better educathe dispute. The three-year battle has cost tional quality at Tenafly not the racial makeup of Dwight Morrow motivated the three districts almost $4 million. "I would not spend even one more penny the suit.
He wrote that although "painfully few white students remain" at Dwight Morrow, their absence still could have a "significant negative impact on racial composition." Englewood Cliffs students attending Dwight Morrow number fewer than 20 but are 16 percent of the white population there. Dwight Morrow is 88 percent black and Hispanic. Most of Englewood Cliffs' students are white and Asian, like Tenafly High School's population. Englewood Cliffs
"I say hooray for this Green, director of the Involvement in Educa'i wick. "It says that we ii to stand for integral schools." Marilyn Morheuser, i the Education Law ( agreed: "It shows a co the Education Depart] weight to the importan
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sending-receiving relationships." / ' The decision forbids Englewood Cliffs parents to send any more students to Tenafly as private, tuition-paying students. Sixty-eight such students are to attend Tenafly High September, each paying $5,990 tuition. A like number attend private schools, and only 18 attend Dwight Morrow, which is free to them. Englewood parents also may not send stu dents to Tenafly. The decision, which affirms the recommendation, issued in April, of Administrative Law Judge Ken Springer, strengthens the state's present 187 sending-receiving relationships, educators said, especially between districts where there is a racial disparity. In similar conflicts, Bradley Beach and Belmar are trying to withdraw from the predominantly minority Asbury Park district, and in a South Jersey dispute, Merchantville wants to leave Penns Grove.
^..rman also denied Englewood's request to create a regional high school district with Tenafly and Englewood Cliffs. And he said that Englewood Cliffs cannot she didn't know: "I Jiaven't seen the jd&ihave a dual sending-receiving relationship with , but from what the attorneys have tolg ye, both Englewood and Tenafly. I couldn't be happier." Any part of Cooperman's decision, can be Tenafly got about 20 new students annugjUy appealed to the state board within 30 days. from Englewood and Englewood Cliffs. In four There is no time limit for the state board to years, their absence will cost the district Hjere rule on an appeal. Education officials said it is than $400,000 a year in lost tuition fees. Schdol not uncommon for the board to take a year to Superintendent Gerald DeGrow said the-disdecide a case. The case could be further ap- trict will have to make up for the shortfall by pealed in the state court system. some combination of cutting the budget, 'MisIf an appeal were filed, a stay of Cooper- ing taxes, and cutting staff and programs,man's decision could be sought by any of the Cooperman also denied a request by Engjtedistricts. ' wood Cliffs to allow 14 eighth-grade students The debate over whether to appeal the deci- accepted by Tenafly before Springer's ruliB$,jo sion began immediately. attend in ^September. "^ Tenafly board President Janet Ginsburg The action will have cost the three districts said, "We're not a pugnacious board. We're not $3,859,500 through next June, the largpst going to go down fighting to the end. I'm not amount ever spent on such a faa" sure we'll appeal." Englewood probably will appeal the portion
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Board ^vindicated' by favorable report on Dwisht Morrow

By Ron HolMnctor
Record Staff Writer
A day after their much-maligned Dwight Morrow High School was praised by state Education Commissioner Saul Cooperman as offering "a morethan-adequate program for its college-bound student population," members of Englewood's Board of Education were saying, "I told you so." But some board members said they still may appeal Cooperman's decision, so they can continue their quest for a regional high school district that would serve Englewood, Englewood Cliffs, and Tenafly. The board presidents of Englewood Cliffs and Tenafly said they did not know if they will appeal Cooperman's ruling. In the decision released Tuesday, Cooperman said that Englewood Cliffs could not withdraw its high school students from Dwight Morrow and send them to Tenafly instead at taxpayer expense. Cooperman also said Tenafly must stop accepting private tuition high school students from Englewood and Englewood Cliffs. He also denied Englewood's request for one regional high school district for the three communities. Cooperman specifically rejected Englewood Cliffs' argument that Dwight Morrow offered a poor education. "This case has been heavily immersed in an effort to cast Dwight Morrow as an inferior school, not . worthy of its students," Cooperman wrote. "It is equally clear that the record does not support this position." Board President Alice Peters, who graduated from, and then taught at, Dwight Morrow for 10 years, said, "This lets the world know we're doing a good job there." Over and over again, board members described Cooperman's ruling with a single word: vindication.
"It's a vindication of the efforts of the board to improve the quality of education at Dwight Morrow," said Michael Passow, who was appointed to the board in May. Cooperman specifically praised the board: "The record demonstrates that the Englewood board has sought to identify weaknesses and to take corrective action to improve its programming for a wide diversity of student needs not found in Tenafly's more . . . homogeneous student population." Russell Major, senior member of the board with 13 years experience, said he was especially pleased that Cooperman supported the finding of Administrative Law Judge Ken Springer that "Cliffs students ... can get a good solid education which more than adequately prepares them for college." Springer's comments came in his recommendation to Cooperman issued in April. But Major said he was disappointed that Cooperman, like Springer, rejected Englewood's call for a regional high school. Major said he wanted the board to appeal, despite its having already spent $1.8 million on the threeyear battle. "The time is now for regionalization," Major said, citing declining enrollments at high schools throughout Bergen County. "You can't offer advanced placement and other specialized courses if the number of students keeps declining." Board member Shephard Bartnoff said he didn't know if he would vote to appeal the case, but he said, "An appeal is not going to cost much, compared to what we've spent." Peters also said she hadn't yet decided on appealing, but she said regionalization was inevitable as high school enrollments decline. The three school districts involved in the case have 30 days to appeal Cooperman's decision.
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ENGLEWOOD CLIFFS While their parents remain bitter, several Englewood Cliffs eighthgraders blocked by state Education Commissioner Saul Cooperman from attending Tenafly High School said they don't mind going to Englewood's Dwight Morrow High School in September. Seven eighth-graders from En-
. ,,*..*; w gu i,u jjwignt Mor,,.K**v jrjuiiuw. He also row from the beginning, but my parents didn't want me to," said banned Tenafly from accepting Renat Yaron, 13. "My sister high school students from Englegraduated from there in 1986, and wood Cliffs or Englewood. she had a good time." Michelle Yoo, 13, who was acRenat is one of 14 Englewood cepted at Tenafly, said, "I might Cliffs eighth-graders accepted as as well make the best of it. I went private tuition-paying students by for an orientation at Dwight MorTenafly in April but forbidden row, and it didn't seem like a bad from attending by Cooperman's school," Like several other students, Miruling last week. There were 39 students in the eighth-grade class chelle said she was frightened by that graduated in June. claims of violence at Dwight Morrow made by Englewood Cliffs' atThree of the 14 plan to attend Dwight Morrow, with the rest attorney in the case. said she want "I heard I'd get mugged, but I writing at Dwi tending private or parochial talked with some of the seniors schools, principally Dwight-EngleOne of the and they wood or Bergen Catholic in Ora- true," she said it was totally un- cepted at Tena said. dell. Another four who did iivi ap....-'yiio uiu not apBut if some students But _ii students are san- tend Dwight-E nl *^ Tl *- ,{ if some- are sanply to Tenafly also will attend guine about attending Dwight Robert Ragat Dwight Morrow, according to Morrow, several of the parents of Dwight Morrov school officials and fellow stu- eighth-graders remain adamantly during the schc "The only re
'If I have jail, but my Dwight Mo1 Liss, whose B! the 14 accep said she didt was academic She called, sion unconstid would try tc| tcj Dwight-Englej said she wasrj afford the $9, Michelle's fi Tanya Gapud, to Tenafly, sai things" about Tanya, who \d Ch
tuoperman ruling amrms importance of integration

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By Ed Kensik
Staff WriterJ^* State Education Commissioner Saul*Cooperman last week upheld the sending/receiving contract between Englewood and Englewood Cliffs and affirmed the importance of integration in public schools. As expected, Cooperman agreed with Administrative Law Judge Kenneth Springer's decision that the loss of students from Englewood and Englewood Cliffs to Tenafly High School would harm the educational quality and racial composition of Dwight-Morrow High School in Englewood. Englewood Cliffs filed a petition in 1985 to sever its contract with Englewood and send its students to Tenafly. Cooperman also denied Englewood Cliffs the right to begin a dual sending-receiving contract with both towns, and prohibited Tenafly from accepting Englewood and Englewood Cliffs students on a tuition basis. . Cooperman denied Englews ood's request to create a regional I high school district with Englew. ood Cliffs and Tenafly. 3 In denying the petition on racial grounds, Cooperman called the Englewood Cliffs excuse for not sending students to Englewood's Dwight-Morrow
High School on educational grounds "naive." "While the Englewood Cliffs Board has put forth a series of educational reasons for wishing to sever its sending/receiving relationship with the Englewood Board, it is naive to suggest that racial considerations are not implicated give the demonstrable "white flight" from DwightMorrow High School that has occurred since the late 1970's," wrote the Commissioner. Based on 1987-88 enrollment, 66 percent of the students at Dwight Morrow are black while Tenafly's enrollment is SO percent white. At Tenafly, there is only a one percent black enrollment. Dwight Morrow has a 12 percent white enrollment. The percentage of Englewood Cliffs students attending Dwight Morrow dropped dramatically from a high of 69 percent in the 1980-81 school year to 2.6 percent, or 21 students in 198788. "The Cliffs Board is wrong in its assertion that the flight of Cliffs students has been exonerated because educational reasons for severance were found to have been advanced by the Cliffs Board. As previously stated, no one could seriously believe that racial rejudice and circumvention of integration is not at play in this case." Cooperman wrote.
The Board of Education Commissioner also rejected the petition by Englewood Cliffs to allow eighth grade students enrolled at Tenafly next year to go because of hardship. "Contrary to what is argued, those students were not enrolled at Tenafly High School or any other Tenafly school at the time of the Administrative Law Judge's decision. They were enrolled in and attending the schools where their eighth grade is located. To argue otherwise is meritless." Cooperman, however, ruled that Tenafly was allowed to accept students on a tuition basis from other districts. Tenafly is the recognized district for Alpine high school students and accepts students from other municipalities as well. Cooperman said Englewood Cliffs parents dp have a choice in selecting high schools for their children. "The Commissioner concurs with the Administrative Law Judge that it is of no moment that Cliffs parents in this matter have no intentions of sending their children to Dwight-Morrow," the Commissioner wrote. "They are free to send their children to private or parochial school and that right is in no way infringed upon by this decision."
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The Local Angle
After ruling, trustees plan next move

By Ed Kensik
Staff Writer Now that the state Commissioner of Education has made a decision on the sending/receiving contract among the Englewood, Englewood Cliffs and Tenafly school boards, trustees in the three districts are planning their next move. State Education Commissioner Saul Cooperman concurred with Administrative Law Judge Kenneth Springer and upheld the contract between Englewood and Englewood Cliffs based on racial grounds. Englewood Cliffs Board President Sadri Garakani is leaning towards a settlement of the case. "As a private citizen, I'm against going forward with this case," she said. "Englewood Cliffs and Tenafly have spent ' excessive amounts of money on the litigation. I wish we could have spent the money on improving education. But as board president, I would like to hear from the wishes of the taxpayers." But trustee Carin Geiger, who was board president when the case was intiatated, disagreed. "Englewood Cliffs has no alternative but to appeal the decision and terminate the sending/ receiving contract with Englewood," Geiger said. "As our attorney has advised us, the State Commissioner's verdicts have been previously been overturned by the state school board. The funds for the appeal have already been supplied in the budget." Englewood Cliffs trustee Stewart Farber remains undecided. "At this time we must evaluate the clarity of the decision and the intensity of the decision and to come to a consensus," Farber said. The school board has 30 days to appeal the commissioner's decision to the state board of education. After that, the case can be appealed to the Appellate Division of Superior Court. In Tenafly, the word is to wait and see. "We did not initiate the appeal," said Tenafly Board of Education President Janet Ginsburg "We have been on the defensive since this started. We are going to be seeing what the other two districts do." Ginsburg's colleague Jim Byrne is calling for an end to the case. "It's time to deal with the future which basically comes down to not appealing," Byrne said. "I will use what influence to urge the other members to not appeal." Tenafly Schools Supt. Gerald DeGrow said he was disappointed with the decision that the 15 eighth graders who wanted to attend Tenafly High School were turned down. But DeGrow said he was pleased Cooperman rejected the idea of a regional h i g h school f o r t h e t h r e e communities. The Englewood Board of Education was, for the most part, jubiliant about the decision. "I felt confident all along that the commissioner would agree with the judge's reasonable and well-thought out decision," said trustee Rodney Muth. Board member Shepard Bartnoff, who was board president when the court fight began in 1985, agreed. "I and other board members feel this decision affirms the record of the school system and completely nullifies the slurs and the slanders that are baseless," said Bartnoff. The trustee did acknowledge some d i s a p p o i n t m e n t over Cooperman's decision to reject a regional high school. "I do think the regionalization is something worth pursuing."
Parents upset over decision of Cooperman

ByEdKensik Staff Writer ENGLEW(50D CLtfFS - The parents of eighth grade students in the district say they are upset and bewildered by the state education commissioner's decision to uphold the sending/ receiving contract between Englewood and Englewood Cliffs "I'm very upset over the commissioner's decision," said Cindy Agerup. "We have no freedom to where we can send our child." But Commissioner of Education Saul Cooperman said parents do have a choice. According to his decision, "They are free to send their children to a private or parochial
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See related stories page 2

Thanks to the decision which bars their children from attending Tenafly High School, 15 Englewood and Englewood Cliffs parents are now shopping for a high school for their children. school, and that right is in no way infringed upon by this decision." Some parents have already chosen a school, opting for either Dwight-Englewood, a private See ENGLEWOOD, page 2
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J Staff Writer ENGLEWOOD - The' city board of education last week voted to appeal school regionalization, rejected by .state Educalion Commissioner Saul Cooperman, after the Englewood Cliffs board announced it would pursue .severing the sending/receiving contract with the city. The city trustees voted unanimously to appeal for a regional high school for Tenafly, Englewood, and Englewood Cliffs. The regkmatization issue, which was rejected by^ Copperman and Administrative Law Judge .Kenneth Springer, was the only ; part of Cooperman's ruling that did not favor Englewood. "'.Trustees said they had no choice but to appeal after the Cliffs board its intention to dfl so.
High School Proficiency Test Scores

1986-87 results
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state average
91.0 77.0 85.9
Reading
Math
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Figures represent percentage of students passing test.
"We felt we had to go the whole route on this case since Cliffs had already appealed the decision," said board President Alice Peters.
The city school board maintains forming a regional high school would be the in the best interest of all parties. According to Peters, the cost
for the appeal will be minimal. Arnold Mytelka, the board'.s attorney for the case, said he could not put an amount on the cost. * In his decision, Cooperman rejected the idea of regionalization for three reasons: "because one cannot be sure that a regional school will be better than Dwight Morrow and Tenafly High Schools; it might meet with resistance and would require resources which would better be spent improving the two schools; and the diverse student body would propose a challenge to the teachers of the school." But Englewood trustees say a regional high school would create a balanced school population; offer a broader and richer educational program than is possible in a smaller school; and counteract the mutual problems of decline enrollment.
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A resolution adopted last week says board members are ready to "defend vigorously" against any possible regionalization. Board member Jim Byrne was the only member to vote against an appeal. "I plainly think it was a major mistake and the majority of the people in Tenafly were ready to accept (the ruling)," said Byrne. Byrne said the decision to appeal posed a long-term danger for the district because litigation will continue for years and will cost the district a great deal of money. Byrne also said he doubted that the district's tuition policy would ever be regained. "The proper course in my view was to accept' the decision and prepare for the future," he said. According to Ryder, the appeal will cost the borough approximately $15,000. The school board has already spent at least $1 million on the case.
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TENAFLY - The borough board of education voted 7 to 1 last week to appeal state Commissioner of Education Saul Cooperman's decision which says Tenafly cannot accept tuition paying students from Englewood Cliffs. "The main reason for the appeal is that we have to follow the same process (as Englewood Cliffs and Englewood) to keep our legal status open," said Charles Ryder, board of education vice president. However, Ryder said the board's main concern was regionalization. Unlike Englewood, Tenafly and Englewood Cliffs are opposed to regionalization of the three school districts. According to Ryder, appealing is the only way the borough can be represented in the issue of regionalization.
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three school districts regional high school. Rafter than compromise, they joined in a $3 million litigation ft at brought about Judge SprinWill the Tenafly Board of ger's decision that regionalizaEducation continue to fan the tion is unworkable as requested flames of litigation now mat state by Englewood. He accepted Education Commissioner Saul Englewood's lesser request for Cooperman's decision coincides Tenafly to discontiue receiving with those of Judge Kenneth tuition students from Englewood Springer? During all of 1987, and the Cliffs, leaving those testimony and final briefs were already in the midst of their submitted, closing the record on educational program to continue these hearings at the end of die graduation. I year. Instead of acting prudently throughTenafly board has gone The during the weeks prior to Judge . beyond its scope to provide the " Springer's opinion April 19, the residents of Tenafly a school Tenafly board prematurely system for their students to accepted 15 tuition studentslirom receive a thorough and efficient the two communities in question education. Englewood and Englewood Judge Springer's decision is on Cliffs. file at the Tenafly public library In 1985 the Cliffs board peti- for anyone to read. They can men tioned to sever its relationship determine if the Tenafly board is with Englewood and enter into a in an untenable position, placing - sending/receiving relationship our school system in jeopardy of with Tenafly. Tenafly agreed and regionalization by the highest petitioned to acquire students level, the Supreme Court. from the Cliffs, replacing GEORGE AARON Englewood as the receiving high Tenafly school.
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This formal procedure of a sending/receiving relationship with Englewood had a long-term state approved agreement with Englewood Cliffs. They petitioned the commissioner to have Tenafly cease and desist from receiving any students from either the Cliffs or Englewood, or ^ as an alternative, to cause the '-
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Ini a nutshell," Englewood Cliffs wants to sever its sending/receiving contract with Englewood and send its students 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.
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Last week Englewood Cliffs decided to appeal, contifmiing its quest to sever its contract with Englewood. i> Tenafly, noting Englewood Cliffs' move, also decided to
'appeal. Meanwhile, Englewood, not to be outdone, It is important to maintain a racial balance at Dwight -I counter-sued and decided to make another bid for regionMorrow, and if that means a few Englewood Cliffs and | alization. The case will go to the state board of education. Englewood parents will be deprived of sending their children to Tenafly, so be it. Those parents still have the option Why won't Englewood Cliffs give up the fight? Besides of sending their children to a private school or to another defending its original battle cry education at Englewschool district. ood's Dwight Morrow High School is inferior school board trustees said two things last week: The state board of .education has been known to overturn the commissioner's Prejudice is an insidious disease that infects the minds of decisions, and they have $15,000 budgeted for the appeal. youth and grows with time and age. There is no rationale Neither reason seems substantive when you examine the for its existence, except for the fears of small-minded real issue. people. While it would be just as loathsome to say Englewood Cliffs parents do not want their children to attend What is the school battle all about? Sixty-six percent of Dwight Morrow solely because of prejudice, that is the tfght Morrow's students are black and 12 percent are predominant feeling one takes away from this battle. If 'Êighty percent 6f the teenagers at Tenafly High Dwight Morrow were 66 percent white, would there be a tare white. lawsuit? Englewood Cliffs residents can say all they want about inferior education and crime at Dwight Morrow, but state , Education Commissioner Saul Cooperman is right: to believe that anything other than race is the motivating factor behind the lawsuit is naive. If Englewood Cliffs parents and school board trustees indeed find the quality of education at Dwight Morrow deficient, their energy and money would be better spent enriching their children's academic lives, instead of fighting a nonsensical battle.
, ENGLEWOOD CUFFS I HBP.
Hie board last week accepted the resignation of former state attorney general John Degnan as lawyer for the case. Trustees then named attorney Joel Siegal of the firm Hellring, Lirideman, Goldstein, Siegal and Stern to succeed Degnan. Board of Education President Sadri Garakani also announced
- The borough board of education is ready to chaJlenge the recent decision of the state commissioner of education but with a different attorney.
to appeal. Comrriissioncr.tSaul |H i Degnan's'work on the case.*Thet-'i attorney has handled the case m. Cooperman's decision upholdirfg since its onset in 1985. Trustees the 23-year sending/receiving cited, the attorney's charging-the contract between the district and district for conversations with Englewood. former board members and newsThe borough school board has paper reporters as a reason for been fighting for the right to sever the Englewood contract their dissatisfaction.
"anytime that you might lose Tenafly. This is not a joke. This is serious business?"'
and send its students to Tenafly High School. The board has aJso proposed having a dual contract with both schools. The school board will take its case to the state Board of Education. "We want the freedom of choice to where we can send our children," Garakani said. But most board members said
For the past three months, Garakini has been witholding payment Degnan's fees because she said they were not itemized. "(Board member Carin) Geiger and Degnan were behind this fight," Garakani told the audience. 'The tax payers and the board members were in the dark. Nothing was shared.
"Clearly, there has been numerous amount of press on this litigation," said Geiger who was board president in 1985. "Mr. Degnan layed out an excellent basis for an appeal to the state board." Degnan, who was on vacation, was unavailable for comment. Siegal was also not available for comment. - - Se APPEAL, page 1
Gejger abstained from accepting Degnan's resignation and voted against the hiring of Siegal.
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ii&m pane 4 Geiger said she was unhappy t losing Degnan, but added was looking forward to Siegle garnering a victory at the state board. "I hope that the new attorney brings this board a victory, she said. C p o p e r m a n agreed with Administrative Judge Kenneth Springer's ruling that the severing of the contract between Englewood and Englewood Cliffs would cause a racial imbalance at Englewood's Dwight Morrow High School. ,./.-:; (* i ..:&< -, ;"^ .:
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Newark attorney, Joe) Siegel, has been hired by the Englewood Cliffs Board of Education to handle the appeal of an unsuccesful suit on tuition schools. The board is appealing the courts decision to send Englewood Cliffs high school students to Englewood's Dwight Morrow High School .rather than Tenafly. Englewood and Tenafly last Thursday voted to join this borough in its attempt to overturn the decision. Last week the Englewood Cliffs board agreed to spend up to $210,000 to take over the case previously handled by John Degnan, a former New Jersey attorney general, who resigned from the responsibility. The agreement is an attorney fee of $100,000 to appeal the case to the state Board of Education, $90,000 to take it through to the Supreme Court, and $20,000 for transcripts and other costs. The Englewood Cliffs suit was rejected by state Education Commissioner Saul Cooperman on July 11. Cooperman ruled that Englewood Cliffs could not void its 23-year sending relationship with Dwight Morrow because it would have an adverse effect on racial balance and education at the school. Cooperman also said that Tenafly could no longer accept high school students from Englewood or Englewood Cliffs. Dwight Morrow is 88 percent black and Hispanic and students in both Tenafly and Englewood Cliffs are predominantly white and Asian. Englewood Cliffs has consistently denied that race played a part in its decision to file suit and has said only that it believed the district's students would receive a better education at Tenafly High School. Englewood trustees voted to appeal Cooperman's refusal to order a regionalized high
school that would merge all three districts under a single educational system. The proposal was made because of declining enrollments in the high schools. Tenafly voted to appeal Cooperman's deci-
sion in an effort to ensure that Englewood does not win its plea for regionalization. Tenafly appears not to be concerned about trying to overturn Cooperman's decision on the Englewood Cliffs issue.
Tenafly's resolution stresses the "preservation of the quality and integrity of the" education of its students and to exercise its legal rights to conduct Tenafly'.s educational program."
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'"BNGLEWOOD CLIFFS <Vhil their parents remain bitter, eyeral Englewood Cliffs eighthTfSera blocked by state EducaionA Commissioner Saul Cooperuui frofli attending Tenafly High ehooi said they don't mind going >|Englewood's Dwight Morrow igh School in September, Seven eighth-graders from En*'"
dents. Approximately 13 other students from Englewood Cliffs opposed to their children's attendare already attending Dwight ing the school. Morrow. "If I have to go to jail, I'll go to In his decision, Cooperman said jail, but my son's not attending Englewood Cliffs could not sever Dwight Morrow," said Cecilia .,, nuuoo son, Randy, was one its 23-year sending relationship Liss, whoseaoa, Handy, was one of accepted at Tenafly. ' with Dwight Morrow. He also the 14 accented ot TUa- She banned Tenafly from accepting aaid she didn't think the school high school students from Engle- was academically good enough. wood Cliffs or Englewood. She called Cooperman's deci<t Michelle Yoo, 13, who was ac- sion unconstitutional, and said she Renat is one of 14 Englewood cepted at Tenafly, said, "I might would try to send her son to1" Cliffs eighth-graders accepted as as well make the best of it. I went Dwight-Englewood. However, she private tuition-paying students by for an orientation at Dwight Mor- said she wasn't sure if she could Tenafly in April but forbidden row, and it didn't seem like a bad afford the $9,250 annual tuition. from attending by Cooperman's school." Michelle's friend and classmate, ". ruling last week. There were 39 Like several other students, Mi- Tanya Gapud, students in the eighth-grade class chelle said she was frightened by to Tenafly, saidwho did not apply she's heard "nice that graduated in June. claims of violence at Dwight Mor- things" about Dwight Morrow. Three of the 14 plan to attend row made by Englewood Cliffs' at- Tanya, who was salutatorian of Dwight Morrow, with the rest attorney in the case. Englewood Cliffs' Upper School, tending private or parochial "I heard I'd get mugged, but I said she wants to study creative schools, principally Dwight-Engle- talked with some of the seniors writing at Dwight Morrow. wood or Bergen Catholic in Ora- and they said it was totally unOne of the eighth-graders acdelL Another four who did not ap- true," she said. cepted at Tenafly but who will atply to Tenafly also will attend But if some students are san- tend Dwight-Englewood instead, Dwight Morrow, according to guine about attending Dwight Robert Ragasa, said he liked school officials and fellow stu- Morrow, several of the parents of Dwight Morrow when he toured it eighth-graders remain adamantly during the school year. "The only reason I didn't want
glewood Cliffs may attend Dwight Morrow, according to Principal Richard Segal. The group would be the largest contingent of borough students to enter the city high school in three years, he said. "J wanted to go to Dwight Morrow from the beginning, but my parents didn't want me to," said Renat Yaron, 13. "MJn, sister graduated from there in 1986, and she had a good time."
to go there was because no one else was going," Robert said. But Raphael Slater, wboae daughter, Rachel, will attend Dwjght-EngJewood or Saddle River Day School, said Cooperman's decision was "purely political." Slater said his older son received a fine education at Dwight Morrow, where he graduated three years ago, but said he feels the tf "-"' -
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Dwight Morrow decision is near

ENGLEWOOD The Dwight Morrow High administrative law judge that Englewood Cliffs School pupil transfer case involving Englewood, students continue to attend Dwight Morrow High Englewood Cliffs, and Tenafly could be decided School in Englewood. Judge Ken Springer also by state Education Commissioner Saul Cooperruled that Tenafly High School could not accept man by Monday, an education official said. students from the other two districts, and denied Seymour Weiss, director of the education deEnglewood's request for regionalization. partment's Bureau of Controversies and DisEnglewood Cliffs, which has no high school, putes, said Tuesday that two drafts of the 40-page petitioned Cooperman for the right to send its decision have already been completed. "We're just in the final stages of logistics, typ- /high school students, at taxpayer expense, to Tenafly instead of Dwight Morrow. Englewood couning and that kind of thing," said Weiss, whose tersued, asking that Tenafly be enjoined from acbureau advises Cooperman on legal issues. cepting private-tuition students from Englewood Cooperman must decide whether to affirm a 2or Englewood Cliffs. month-old nonbinding recommendation from an RON HOLLANDER
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d*!^*** ENGLEWOOD Dwight Morrow High School ia making an active bid to enroll the 14 Englewood Cliffs eighthgraders who wanted to go to Tenafly High School in September but who may be prevented from attending by a court ruling. Englewood Cliffs school board President Sadri Garakani said she didn't mind the overture, despite -the almost $1.1 million in legal fees the district has spent to let the students attend Tenafly High School. Dwight Morrow Principal
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Richard Segall said he written Englewood Cliffs' acting superintendent, Nick Mamola, asking him for an opportunity to meet with the parents of the 14 eighth-graders. "I said that we'd like to address their concerns about Dwight Morrow 'and have them meet with myself and anyone else they'd like to, such as teachers or students," Segal! said. He said he had not contacted the parents directly. The Upper School in Englewood Cliffs, a K-8 district, is graduating between 80 and 90 eighth-graders this month. Of that number, 14 were accepted as private, tuition-paying students at Tenafly. But in April, an administrative'law judge said Tenafly could not accept anymore students from Englewood Cliffs or from Englewood. Lawyers for Englewood Cliffs contended that the 14
Education Commissioner Saul Cooperman to make an early ruling on their case, but last week Cooperman said he j would decide that question ' when he decides early next month on the full petition by Englewood Cliffs. , The borough wants to with- ' draw its high school students from Dwight Morrow and send them instead to Tenafly. Parents of the eighth-graders have protested at recent ; Englewood Cliffs school board See DWIGHT Page 3
DWIGHT MORROW: Rec

From DWIQMT MORROW Page 1
meetings, saying their children are in limbo because it is now too late to apply to private schools if Cooperman keeps them from attending Tenafly. Segall said five eighth-i eighth who live in Englewood Cliffs have , registered to attend Dwight Mor row as of Thursday, but he did not I know if any of those students were ] among the 14 already accepted at | Tenafly. j There are currently 21 students ; from Englewood Cliffs at Dwight i Morrow. Eight of them are seniors. Segall said the parents of two other Englewood Cliffs eighthgraders have also contacted him toured the school. _.. uuiu oiio ttua am aeara of Segall's letter to Mamola, but she thought it was "a good thing to let parents see for themselves." "We shouldn't just blindfold ourselves and say, 'Oh, no, I won't have anything to do with Dwight Morrow,' " Garakani said. "It's been our public school for years. If parents go there and find they can get a good education for their children, then sure, they should go." Garakani's comments contradicted many of the arguments raised by the borough in its case. Lawyers said students could not
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get a good education at Dwight Morrow. Mamola said Monday he hadn't yet received Segall's letter but that he was open to his proposal, "as long as it doesn't stand in the way of anything that the board is doing." "If it benefits the children involved, a. would be~f *rou, it wuuiu oe good," he said. i>, good," fte m
Tenafly Schools Superintendent Gerald DeGrow sounded a similar note, although his district would lose about $85,000 in private tuition fees if the 14 students attend Dwight Morrow. "If they [the eighth-graders] feel they can get a better deal somewhere else, go to it," DeGrow said.
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To appeal or not; Tenafly totes toniht

By John H. kuhn
Record Staff Writer
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TENAPLY The Board of Education is holding an emergency meeting tonight to decide whether to appeal the recent state Education Department decision that Englewood and Englewood Cliffs students can no longer attend Tenafly High School as tuition-paying students. Schools Superintendent Geralc DeGrow said the board will close the meeting for discussion of the litigation but open it for the vote. State Education Commissioner Saul Cooperman ruled this month that Englewood Cliffs cannot end its sending relationship with Dwight Morrow High School in Englewood and instead send students to Tenafly High School. In the decision, Cooperman rejected Englewood Cliffs' argument that better educational quality at Tenafly not the racial makeup of Dwight Morrow motivated the suit. The Englewood Cliffs school board has decided it will appeal the decision. Tenafly board members are divided about an appeal. Some residents have urged the board not to appeal for fear of producing a I forced regionalization. - Board attorney James Roth- schild has estimated an appeal will 5 cost $15,000, compared to Tenaf1 ly's more than $1 million in legal I fees.
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sending-receiving relationships." The decision forbids Englewood Cliffs parents to send any more students to Tenafly as private, tuition-paying students. Sixty-eight such students are to attend Tenafly High School in September, each paying $5,990 tuition. A like number attend private schools, and only 18 attend Dwight Morrow, which is free to them. Englewood parents also may not send students to Tenafly. The decision, which affirms the recommendation, issued in April, of Administrative Law Judge Ken Springer, strengthens the state's present 187 sending-receiving relationships, educators said, especially between districts where there is a racial disparity. In similar conflicts, Bradley Beach and Belmar are trying to withdraw from the predominantly minority Asbury Park district, and in a South Jersey dispute, Merchantville wants to leave Penns Grove.
Cooperman also denied Englewood's request to create a regional high school district with Tenafly and Englewood Cliffs. And he said that Englewood Cliffs cannot have a dual sending-receiving relationship with both Englewood and Tenafly. Any part of Cooperman's decision can be appealed to the state board within 30 days. There is no time limit for the state board to rule on an appeal. Education officials said it is not uncommon for the board to take a year to decide a case. The case could be further appealed in the state court system. If an appeal were filed, a stay of Cooperman's decision could be sought by any of the districts. The debate over whether to appeal the decision began immediately. Tenafly board President Janet Ginsburg said, "We're not a pugnacious board. We're not going to go down fighting to the end. I'm not sure we'll appeal." Englewood probably will appeal the portion /
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that rejects a regional school district,"! Englewood's attorney, Arnold Mytelka. * 2 But Englewood board President Alice Pete said she didn't know: "I haven't seen the dec sion, but from what the attorneys have told nie I couldn't be happier." ' Tenafly got about 20 new students annuall from Englewood and Englewood Cliffs. In fou years, their absence will cost the district mofr than $400,000 a year in lost tuition fees. Schrfo Superintendent Gerald DeGrow said the dis trict will have to make up for the shortfall b some 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 student accepted by Tenafly before Springer's ruling to attend in September. The action will have cost the three district $3,859,600 through next June, the larges amount ever spent on such a case.
Record Staff Writers Jean Rimbach and Joh H. Kuhn contributed to this article.
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"No one could seriously believe that racial prejudice and circumvention of integration is not at play in this case," Cqopennan wrote. / He wrote that although "painfully few on it," said Englewood Cliffs board President Sadri Garakani, adding that she was , white students remain" at Dwight Morrow, expressing only her 6>>'*; opinion and not; Jiheir aksence still could have a "significant / negative impact on racial composition." speaking for the board. Cooperman's 47-page decision was hailed Englewood Cliffs students attending by some education experts for its strong Dwight Morrow number fewer than 20 but support of integrated education. are 16 percent of the white population there. In the decision, Cooperman rejected EnDwight Morrow is 88 percent black and glewood Cliffs' arguraent that better educational quality at Tenafly not the racial Hispanic. Most of Englewood Cliffs' stumakeup of Dwight Morrow motivated dents are white and Asian, like Tenafly the suit. : ._ .._____ High School's population. Englewood Cliffs
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I! Englewood Cliffs trustees divided on appealing decision. A-7
In a resounding affirmation of the importance of integration in public schools, state Education CammiBSionet Saul Cooperman on Tuesday denied Englewood ChW bid to pull ite etudente from Englewood'e Dwight MorroW High Softool and eend them to Tenafly instead. ^ , . The Englewood Cliffs and Tenafly school boards haven't decided whether they will appeal the decision, but several trustees said they'oppttse upending any more money on the dispute, The three-year battle has cost *he three distriete almost $4 million.
"I would flat epend even one more penny_
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By Ron Hollander
Record Staff Writer
ENGLEWOOD - Dwight Morrow High School is making an active bid to enroll the 14 Englewood Cliffs eighthgraders who wanted to go to Tenafly High School in September but who may be prevented from attending by a court ruling. Englewood Cliffs school board President Sadri Garakani said she didn't mind the overture, despite "the almost $1.1 million in legal fees the district has spent to let the students attend Tenafly High School. Dwight Morrow Principal
14 eighth-graders from Englewood Cliffs

Richard Segal! said he has written Englewood Cliffs' acting superintendent, Nick Mamola, asking him for an opportunity to meet with the parents of the 14 eighth-graders. "I said that we'd/like to address their concerns about Dwight Morrow and have them meet with myself and anyone else they'd like to, such as teachers or students," Segall said. He said he had not contacted the parents directly. The Upper School in Englewood Cliffs, a K-8 district, is graduating between 80 and 90 eighth-graders this month. Of that number, 14 were accepted as private, tuition-paying students at Tenafly. But in April, an administrative law judge said Tenafly could not accept anymore students from Englewood Cliffs or from Englewood. Lawyers for Englewood Cliffs contended that the 14
were not covered by the decision because they were accepted at Tenafly prior to the judge's ruling. \e lawyers petitioned state Education Commissioner Saul Cooperman to make an early ruling on their case, but last week Cooperman said he would decide that question when he decides early next month on the full petition by Englewood Cliffs. The borough wants to withdraw its high school students from Dwight Morrow and send them instead to Tenafly. Parents of the eighth-graders have protested at recent Englewood Cliffs school board See DWIGHT Page 3
DWIGHT MORROW: Recruiting students

other Englewood Cliffs eighthgraders have also contacted him meetings, saying their children are and toured the school. in limbo because it is now too late Garakani said she had not heard to apply to private schools if Coo- of Segall's letter to Mamola, but perman keeps them from attend- she thought it was "a good thing to i+ .*+<, aee for themselves." ing Tenafly. "We shouldn't just blindfold ., Segall said five eighth-graders ! who live in Englewood Cliffs have ourselves and say, 'Oh, no, I won't registered to attend Dwight Mor- have anything to do with Dwight row as of Thursday, but he did not Morrow,' " Garakani said. "It's know if any of those students were been our public school for years. If ; among the 14 already accepted at parents go there and find they can get a good education for their chilI Tenafly. There are currently 21 students dren, then sure, they should go." from Englewood Cliffs at Dwight Garakani's comments contraMorrow. Eight of them are sen- dicted many of the arguments iors. raised by the borough in its case. Segall said the parents of two Lawyers said students could not
From DWIQHT MORROW Page 1
get a good education at Dwight Morrow. Mamola said Monday he hadn't yet received Segall's letter but that he was open to his proposal, "as long as it doesn't stand in the way of anything that the board is doing." "If it benefits the children involved, it would be good," he said. Tenafly Schools Superintendent Gerald DeGrow sounded a similar note, although his district would lose about $85,000 in private tuition fees if the 14 students attend Dwight Morrow. "If they [the eighth-graders] feel they can get a better deal somewhere else, go to it," DeGrow said.
Byrne said he resigned from the board to protest its decision to appeal state Education Commisioner Saul Cooperman's ruling that upheld the sending/receiving contract between Englewood and Englewood Cliffs. "The board has chosen to implement a policy that is clearly against the public good and against the wishes of a majority
TENAFLY - After submitting his resignation,, school trustee James Byrne angrily stalked put of a borough board of education meeting last week.
Byrne said an appeal could increase the chances of a regional high school for the three communities because the Englewood Cliffs board, which has opposed the issue, could change its mind in the long run. But Board President Janet Ginsburg said pulling out of the case could cause the other district to opt for a regional high school. "We don't want an adversarial relationship between communities," said Ginsburg. "They are a neighboring district and they could turn around and be very interested in regionalization."
of the people in Tenafly," said Byrne.
"If the board wishes to fool itself, that is one thing. However, when a resolution is worded to mask its true intent from the public, it is deceiving the people who elected it," said Byrne. "1 think he could have better served his positon if he had stayed on the board," said Ginsburg.
See BYRNE, page 6
Byrne said several trustees felt uncomfortable with the decision to appeal. This was obvious, he said, when trustees kept rewording the resolution in an effort to omit mention of the tuition paying students.
6 The Suburbanite Newspapers-Wednesday August 3,1988
Byrne resigns from board to protest

Continued from page 1
Ginsburg said the board had to appeal in order to keep their options open. According to Ginsburg, last Tuesday was the deadline to appeal. "If we didn't decide by today we'd loose our. rights," said Ginsburg. "We can always take things back." Cooperman ruled last month that Tenafly could no longer accept tuition-paying students
from Englewood and Englewood Cliffs. The Englewood Board of Education decided to appeal the decision two weeks ago because of Cooperman's denial of its request for a regional high school for all three communities. Some residents, however, were not convinced that the board's intentions were in their best interest. "Cooperman did not concur and therefore our obligation to
Englewood Cliffs is over," said Sylvia Sunshine. "You don't touch Englewood Cliffs students with a lO-foot-pole if you're smart. The town is in an uproar and the people w a n t this stopped." Sunshine said the borough was spending money "foolishly." According to Schools Supt. Gerald DeGrow, the litigation has cost the borough $750,000. The appeal will cost an additonal
"As a good business man and I think that 1 am I'd spend an extra $25,000 to defend our students," said DeGrow. "As a professional, I've listened to all arguments and 1 feel that we must defend the position of our students. We frankly think an aggressive stance is better than throwing in the towel," Trustees said they were in the process of preparing a flier
$15,000.
explaining their decision to residents. Board member Julius Barb proposed the board rescind the a c t i o n to a p p e a l . "The emergency meeting did not give us enough time to pause and reflect," said Barb. The board held off on Barb's resolution because many trustees were absent from last week's meeting. Trustees agreed to bring up the resolution at their next meeting in September.
Litigation has cost close to $4 million

By Ed Kensik
riter price tag of the dispute among die Englewood, Englewood Cliffs, and Tenafly school boards is aearing the $4 million mark as the case heads toward the state Board of Education in the third round of the sending/ receiving contract fight. State Education Commissioner Saul Cooperman reiterated Administrative Law Judge Kenneth Springer's ruling which upheld the sending/receiving contract between Englewood and Englewood Cliffs and prohibited Tenafly from accepting tuitionpaying students from the two districts. The three school boards have spent a total of $3,376,598 in legal fees. Englewood has been the biggest spender in the fight, spending $1 ,507,389 through the month of June. Englewood Schools Supt. Larry Leverett said bills for July are expected to be approved later this month or the next. The Englewood Cliffs school board changed its attorney in the middle of the fight after a dispute over attorney John Degnan's billing practises. Trustees hired attorney Joseph Siegal of the firm HeUring, Lindeman, Goldstein, Siegal and Stern. From December 1985 to June of this year, Englewood Cliffs has spent $1,082,283. "We spent $1.1 million for nothing," said Board of Education President Sadri Garakani about the board's defeat. "We're back where we started." Englewood Cliffs allocated $90,000 for the appeal to the state board. Appeal to the state Supreme Court would cost $110,000 with an additional $20,000 for incidentals. Englewood Cliffs budgeted $80,000 for the fight in the 1988-89 school year. Tenafly budgeted $175,000, and Englewood set aside $200,000. School officials in all three towns said the do not know how long an appeal to the state board of education will take. Unlike the education commissioner, the state board has no deadline to meet when making its decision.
_, i . (jinSDUrq explains ,p ^ y, , "
tion on the lawsuit that was instituted by the Englewood School District in 1985. Both Englewood and Englewood Cliffs have decided to appeal the decision of state Education Commissioner Saul Cooperman. Specifically, it is Englewood that is continuing this lawsuit by appealing the decision against regionalization. As a result, the Tenafly board has no choice but to c o n t i n u e to defend its community school system. Its appeal (which will cost approximately $15,000) signals to the state Board of Education that Tenafly continues to care about the final outcome of this case. If the board of education fails to appeal it gives up its right to be represented by counsel. In order to forestall future demands for ._0. ~..xîuu, the board regionalization, ine Doard must seek a h i h e r and more binding higher judgment through the appeal process. A single appeal on regionalization would weaken the board's legal position. The board can drop any portion of this appeal in the future. But if it does not
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appeal all elements of the decision, it forfeits its right to defend Tenafly on these issues. Since November 1986 the Tenafly Board of Education has sought to settle this case. It continues to seek common ground for agreement with both Englewood and Englewood Cliffs. The board's decision to pursue its defense through the appeal process came after full analysis of the options and after extensive discussion and debate, it continues to explore all avenues that may lead to an acceptable s e t t l e m e n t . The board is convinced *,, action that its present course of U vuun win and community, will best serve the Tenafly sch Ie "** schools best serve the Tenafly JANET GI JANET GINSBURG President President 'r'n " ** Tenafly Board of Education
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AÂ^VJJ^LJ T \J\JLS i*i*ir.FS - Jhe borough board of education, will ask the state education commissioner to reconsider allowing 14 eighth graders from the district to attend Tenafly High School in the fall. The board will file for a stay on part of State Education Commissioner Saul Cooperman's decision last month that upheld the I sending/receiving contract
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_0,_..,, *h**A*U. q^fc/wf/ermaji also ruled that Tenafly High j School could no longer accept new students from Englewood Cliffs or Englewood, "We will be appealing with the commissioner on only that < part of his decision," said school board attorney Joel Siegal. "If he denies the stay, we do not intend to appeal (that part of the deci-
The state board will meet next on Sept. 7. "It would not be practical to appeal (to the state), and keep the children from school," Siegal explained. Before Cooperman's ruling was made public in July, school trustees told parents of the eighth grade graduates who were enrolled at Tenaflu High School to make other/arrangements for school. Since then, some students -have enrolled at Dwight Morrow High School, Englewood's public high school. Others made plans to attend Dwight-Englewpod, a private co-ed high school in Englewood; Bergen Catholic, a boy's high school in Oradell; and Academy of Holy Angels, a girl's high school in Demarest. After Englewood Cliffs files briefs for the stay, Englewood will file counter briefs and Siegal
said it would be near the end of the month before Cooperman makes his decision. Siegal, who was recently hired to handle the sending/receiving case, replaces attorney John j, Degnan who had held the case for w the borough since its inception in 1985. The school board last month $. decided to appeal Cooperman's 1 ruling with the state board of education. Within days of the decision to appeal, trustees accepted Degnan's resignation and hired SiegaJ to take over the case. Board President Sadri Garakani had been withholding payment from Degnan because, she said, his bills were not itemized. Trustees complained about Degnan's practise of charging the district for time he spent talking with reporters about the case.
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community, has failed to attend to and maintain the quality of its own schools. I want the best public education possible. Our children deserve it.
Editor: CABIN GEIGER Contrary to the obligation of Englewood Cliffs concerned parents, state Education Commissioner Saul Cooperman has decided that high school children must settle for a school which provides only a "good solid education which more than adequately prepares them for college." Hie commissioner has also prohibited parents from personally paying tuition to the better of the two schools, a right that they have enjoyed for almost five years, with the full knowledge that his prohibition will not result in the return of most of the children to public education, but rather to its abandonment entirely. Commissioner Cooperman has couched his ruling in the greater public policy of integration. He ignores the fact that Englewood, an affluent and integrated community which is clearly distinct and separate from Englewood Cliffs, has schools with a precarious racial balance only because it has been abandoned by its own residents. The Englewood Cliffs Board of Education and the Englewood Cliffs community are not racially motivated in seeking termination of its relationship with Englewood. Only Englewood has consistently attempted to make mis case about race. I believe strongly in integration. As a parent and a board member, however, I will not compromise either the education , -** of my own children or that of the children of my community because another community, a relatively affluent and integrated ,
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Gihsburg explains Tenafly's position _ 4fUfc*HW:\-C sfMl$&

Dear Ealfor: //*y<9* The Tenafly board of education would like to clarify its posi-
tion on the lawsuit that was instituted by the Englewood School District in 1985. Both Englewood and Englewood Cliffs have decided to appeal the decision of state Education Commissioner Saul Cooperman. Specifically, it is Englewood that is continuing this lawsuit by appealing the decision against regionalization. As a result, the Tenafly board has no choice but to continue to defend its community school system. Its appeal (which will cost approximately $15,000) signals to the state Board of Education that Tenafly continues to care about the final outcome of this case. If the board of education fails to appeal it gives up its right to be represented by counsel. In order to forestall future demands for regionalization, the board must seek a higher and more binding judgment through the appeal process. A single appeal on regionalization would weaken the board's legal position. The board can drop any portion of this appeal in the future. But if it does not
appeal all elements of the decision, it forfeits its right to defend Tenafly on these issues. Since November 1986 the Tenafly Board of Education has sought to settle this case. It continues to seek common ground for agreement with both Englewood and Englewood Cliffs. The board's decision to pursue its defense through the appeal process came after full analysis of the options and after extensive discussion and debate. It continues to explore all avenues that may lead to an acceptable settlement. The board .is convinced that its present course of action will best serve the Tenafly schools and community. JANET GINSBURG President Tenafly Board of Education
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little room for dissent. The vote to appeal was the last straw. It became apparent to me that I could accomplish more by working from the outside. There are two objectives. First, the appeal is not a dead issue. The board can withdraw it. any time and send a message to' the New Jersey Board of Educa- : tion that, for its part, Tenafly is willing to abide by Commissioner Cooperman's decision. To Dear Editorachieve that end the people of I found the observations ofel. Tenafjv *.m PPsed to *e Janet Ginsberg, president of the^ *&* wdl have ^ make their Tenafly board of education, that t<fe^/a2S ÔWD to *e k""1- ft "would have better served my ^Wl" W"f effort J the position if he (I) had stayed on the \e of that mounted over Board" and the suggestion ^hat*X*eProPosedtransferstatIon'and by resigning I have lit down the ** I am prepared to assist in any way iDie. people who supported me of interest. I Second, the performance of Mrs. Ginsberg's latter point is * the administration and the board on the litigation and other matters one of the few credible statecalls for public scrutiny and ments to come from the board debate and I intend to play an .since its ill-advised appeal of the active role in that regard between state Education Commissioner's 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 ir*c_ (including those of Mrs. Ginscaused me concern in arriving at berg, Dr. Haft and Dr. Ryder) my decision. I suspect that thi will be at stake. are some who are disappointed I JAMES H. BYRNE chose to leave the board, just as Tenafly _ there are some who believe I did the right thing and still others who couldn't care less. Basically my decision to resign came down to the fact mat it was becoming increasingly frustrating to deal with an administration and a board that allows
Byrne explains his resignation
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Englewood fights stay of Cooperman ruling

By Ron Hollander Record Staff Writer
ENGLEWOOD Racial prejudice would be rewarded if Education Commissioner Saul Cooperman let 14 Englewood Cliffs eighth-graders attend Tenafly High School, lawyers for Englewood argued in papers filed Monday in Trenton. Englewood Cliffs has asked Cooperman to stay his decision to bar the students from Tenafly, at least until the state Board of Education hears an appeal of the case. That could take up to a year, education officials have said. In the papers filed Monday, Englewood argued against Engle-
wood Cliffs' motion for a stay of Cooperman's decision. Englewood also asked for the full minutes of a closed Englewood Cliffs school board meeting in which the board president described the case as "a racial issue." 'The case started when Englewood Cliffs sought to withdraw its high school students, who are mainly white and Asian, from Englewood's Dwight Morrow High School, which is largely black and Hispanic. The borough wanted to send them instead to Tenafly High School, which is 98 percent white and Asian. Englewood Cliffs doesn't have a high school and sends its students to Dwight Morrow at public expense. In July, Cooperman denied that
request and forbade Tenafly to accept high school students from either Englewood Cliffs or Englewood, even if the students paid tuition. Englewood's attorney, Arnold Mytelka, wrote in his 28-page brief, "To grant this stay to the Englewood Cliffs board, after finding that its suit is motivated, at least in part, by racial prejudice, would be to reward and facilitate racial prejudice." Mytelka referred to Cooperman's July decision, which said of Englewood Cliffs' suit, "No one could seriously believe that racial prejudice and circumvention of integration is not at play in this case."
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Mytelka also asked for access to the full minutes of a closed Englewood Cliffs school board meeting held July 15, in which board President Sadri Garakani said of the suit, "We know this is a racial issue." Mytelka said that since portions of the minutes were reported in The Record last month, they had .lost their privileged status. "They are highly- relevant to this case and to this motion," Mytelka wrote in his brief. In an interview Tuesday, Mytelka said he was not sure he would move to have the minutes added to the record of the case, but he wanted to examine them. Joel Siegal, attorney for Englewood Cliffs, said he would not release the minutes and there was "no legal basis whatsoever for requesting them." Siegal said Mytelka's request was "an effort to sensationalize the litigation and to keep alive the so-called racial issue." Mytelka responded that Cooperman had cited the racial issue in his decision. Garakani said the minutes were giyen to The Record "illegally." Whatever was in the paper is past," she said, "but I would fight 300 percent releasing anything more." Siegal has until Sept. 23 to file his full appeal of Cooperman's decision with the state Board of Education.
Editor, The Record: . The headline "Kids deserve an A-f education" (The Record, Aug. 8) could not have phrased better what we believe in and are working toward in the Englewood public schools. However, what Carin Geiger, whose letter appeared under that headline, thinks is an "A 4education" is very different from what I and many others in both her community, Englewood Cliffs, and mine believe. Mrs. Geiger continues to misinterpret, misuse, or ignore facts in her ongoing campaign to impose her opinion that quality education can be obtained only in a school that is ethnically and socioeconomically limited, and that the "best education" cannot occur in the fine, multicultural environment that is Dwight Morrow High School. State Education Commissioner Saul Coopennan's decision, with which she disagrees, was an affirmation of an administrative law judge's thorough examination of
the quality of education in Dwight Morrow High School. Mr. Cooperman specifically states, "It is clear from the record that this case has been heavily immersed in an effort to cast Dwight Morrow High School as an inferior school, not worthy of its students. It is equallyclear that the record does not support this position."
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In fact, the phrase that Mrs. Geiger harps on "more than adequate" is taken out of context and misused. The full sentence from the commissioner's deWe in Englewood are proud of cision is: "That its [Dwight our students and those from EnMorrow's] programs and goals dif- glewood Cliffs who have ignored fer from Tenafly's is not a sign of rumors to join in the many sucinferiority or inability to provide a cesses that have been achieved at more than adequate program for Dwight Morrow in recent years. its college-bound student populaEnglewood has a high schoot tion, which is obviously a concern that can provide an excellent, allof the Englewood Cliffs Board." around education. Also, despite her continuing claim that the Englewood Cliffs MICHAEL J. PASSOW Board of Education and the EnEnglewood glewood Cliffs community (presumably meaning those who still - support her views) are not racially ! motivated, Mr. Cooperman says, /' "It is naive to suggest that racial. considerations are not implicated..." ': Furthermore, The Record has \d statements made by the president of the Englewood Cliffs school board acknowledging that the suit was racially motivated. Mrs. Geiger's citation of the High School Proficiency Test scores shows her misunderstanding of the purpose of that test and of the totality of a high school education. The test scores merely reSect a base-line position near the beginning of high school concerning minimal competency. They in no way are a reflection of what has happened to those students by the end of high school. Dwight Morrow High School is
and will continue to be an academic environment that seeks lo provide the best education possible for all of its students, regardless of their cultural, socioeconomic, or educational backgrounds. The efforts of Mrs. Geiger and her supporters, on the other handt have resulted in draining thus far approximately $4 million of scarce school funding for ongoing litigation, the resignation of an elected school-board member, and serious divisions among the citizens of at least three communities.
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The Record welcomes letters from readers. Ptease sign your name for publication and @ve a complete address and telephone number through which the tetter can be verified. The street address and telephone numbsr will not be pubSshed. but the town of origin will. Vfe are unable to publish open tetters or tetters sent to other publicatiors. The Record reserves the right to condense and edit letters. Vte regret that we cannot acknowledge unused ones. All letters should be addressed to: Letters to the Editor. The Record, 150 River Street. Hactensack, NJ. 07601.
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Kids deserve an A+ education

Editor, The Record: As a member of the Englewood Cliffs Board of Education, I believe that one of our primary responsibilities to" the youth of today is to give them the opportunity for the finest education. I had believed, until Commissioner Saul Cooperman's recent ruling, that he too was committed to that goal. On July 11, however, Commissioner Cooperman ruled that Englewood Cliffs cannot obtain the best possible public education for its high-school-age students. Commissioner Cooperman has decided that the high-school-age children of our community must settle for a school that provides only a "good solid education which more than adequately prepares them for college" instead of one which even he finds provides "a more suitable academic program for most college-bound Cliffs' students." The fact that the commissioner finds Dwight Morrow to have a superior currieulm to that of Tenafly in the area of vocational careers is not a compelling reason for Englewood Cliffs to continue the relationship. Approximately 96 percent of our students are collegebound. WLA0UJ! $ <P The commissioner has also prohibited parents from personally paying tuition to the better of the two schools a right that they have enjoyed for almost five years knowing that his prohibition will not result in- the return of most of the children to public education, but rather to its abandonment entirely. Commissioner Cooperman has couched his ruling in the greater public policy of integration. He ignores the fact that Englewood, an affluent and integrated community that is distinct and seprrate from Englewood Cliffs, has schools with a precarious racial balance only because the schools have been a b a n d o n e d by Englewood's own residents.He looks to Englewood Cliffs to do for Englewood, what Englewood has not done for itself. The Englewood Cliffs Board of Education and the Englewood Cliffs community are not racially motivated in seeking termination of the relationship with Englewood. Only Englewood has consistently attempted to make this a case about race. In order to mask its own failures, it has resorted to attacks on the motives of others. This case is solely about quality education. The High School Proficiency Test scores that were just released confirm the vast differences between Englewood and Tenafly Englewood's scores are once again virtually at the bottom of Bergen County while Tenafly's are near the top. I believe strongly in integration, as a parent and a board member. But I will not compromise either the education of my own children or that of the children of my community because another community, a relatively affluent and integrated community, has failed to maintain the quality of its own schools. New Jersey's laudable policy against discrimination in education is not a license to provide simply a more than adequate education. More than adequate is not
good enough. I want the best public education possible. Our children deserve it.
CABIN GEIGER Englewood Cliffs The writer is a member of the Englewood CliftMlpard of Education.
THURSDAY, SEPTEMBER 8, 1988
Hie Record sues

in legal costs incurred by the three school districts. "This is an extraordinary legal The Record has gone to court to bill in terms of money run up at obtain documents showing the taxpayer expense," Hall said. costs of administrative law hear- "There has only been a superficial ings in which Engiewood Cliffs accounting to these people [taxsought to transfer its high school payers] as to why that much monstudents from Engiewood to Tena- ey was spent on this cause, and how it was spent." fly. After three years of legal battle, A suit Sled Wednesday in Superior Court in Hackensack asks Engiewood Cliffs lost its suit in that the Tenafly and Engiewood July when state Education Comboards of education provide the missioner Saul Cooperman ruled newspaper with detailed copies of that Tenafly High School could legal bills and other information not accept tuition-paying students from Engiewood or Engiewood "bout the costs of the hearings. Engiewood Cliffs officials volun- Cliffs. 'Coopennan's ruling noted that tarily provided the information, the complaint says. But TenaSy "racial prejudice and circumvenand Engiewood officials declined tion of integration" figured in Enon the grounds that it would vio- giewood CfinV attempt to withlate the confidentiality of their re- draw its students from the lationships with their lawyers. predominantly black Dwight MorJames S. Rothschild Jr. is Tenaf- row High School in Engiewood. All three municipalities are apiv*8 lawyer, and Arnold K. Mytelka represents Engiewood. Mytelka pealing the decision: Engiewood declined to comment, as did a Cliffs still wants its students to go to TenaSy High, while Engiewood member of Rothschild's firm. wants the state to consider estabDavid Hall, editor of The lishing a regional school district Record, said the public deserves a for the three towns, which Tenafly better accounting of the $4 million opposes.
By Bill Sendsrscn
> Record Staff Writer
ble?-and workablefand regionalization can be accomplished "without any practical upheavals."
Rothschild, the attorney repreHigh school regionalization is senting Tenafly, said both high not a new topic, but one that has schools have good education that resurfaced as several communiwould be harmed if they were ties consider the idea. regionalized. "The chance is With the recent sending/ 100-1 that the regionalization receiving litigation between district will work," he said. "It Englewood, Englewood Cliffs doesn't make any sense to put , and Tenafly making headlines, two school districts that are doing other local school districts are well and that an outside chance it questioning whether regionaliwould work." zation could work for them. Both Tenafly and Englewood I In the recent litigation involvhave watched their school enrolling Englewood, Englewood ment drop steadily sinced 1983. Cliffs and Tenafly, Englewood Tenafly had 925 s t u d e n t s has supported regionalizing the enrolled at the high school in ; three districts while Tenafly has 1983. Last year the enrollment been a staunch opponent of the dropped to 891. Englewood has plan. been dropping district wide with "We can run the schools for a student population in the 1983half the money and have a full 1984 school year of 2,825. Last curriculum which includes more year it dropped to 2,422. Also Acc">Mag to Leoaia advanced c o u r s e s , " s a i d Dwight Morrow High School has Englewood Board of Education seen its enrollment drop from M?fJw ' the issu* Trustee Russell Major. "The 1,008 in 1983 to 726 last year. * majority of the schools do not Leonia School Supt. Frank schools smaller than ours that are .have some of the advanced placeMarJow said there was talk of the still operating independently," ment courses because they can't he said. district combining with Bogota afford it." about 10 years ago, but nothing Marlow said declining enrollNonetheless, Administrative came of it. ment is not as much a factor as in Law Judge Kenneth Springer He said the idea came up again other districts. Although there ruled against the regionalization four years ago when he and the are 50 less students in the high and State Commissioner of school superintendent of Palischool than two years ago, Education Saul Cooperman sades Park discussed the possiMarlow said overall enrollment agreed. bility of combining high school in the district has increased in the In rejecting the proposed past six years. facilities. One high school would regionalization, Cooperman said be academic, while the other Marlow said. "With the T.V. only three circumstances would would be vocational. classes, they wouldn't have to warrant regionalization. "A "That idea didn't get too far leave their school." single community exists between either," he said. "It's a difficult The superintendent said the (or among) the districts in ques-fviHucMucjii jstrict pnrrpntli/ !o 'l~: saia tne f nut to crack each community tion (Tenafly, Englewood and district currently is doing a feasiidentifies with its own high Englewood Cliffs); regionalizabhlty study with six other school school." tion is entirely reasonable, feasidistricts that are similar in size. Marlow said one attraction of He said, however, that region,
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alization is not a pressing issue in to offer a more diverse curricuLeonia. N lum. "There are districts with high "With a regional high school, regionalization is the ability to students have to get on a bus to go offer a more diverse selection of to school in another town," courses. A step in that direction, After a fire destroyed much of he said, might be the developthe elementary school, he added, ment of an interactive television the new high school was built, program facility with other and the old building became the school districts that would allow middle school. " students to "sit in" on classes in other schools via television monitors. | MarJow said the I1 -year-old high "If you get a course with only J school is fully utilized. When the _,_ 6- u ûuiac wnn two to four kids signed up for it, two to four kids signed up for it, irs hard to justify offering that new building Was constructed, he i t ' e h^^l " : - . " < ' explained, the district had only C0l,rse," he said, adding that s h a r i n g classes w i t h other two facilities, the old high school districts woujd make it possib]e and a kindergarten through eight elementary school.
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students who entered high school last week were not walking through the halls of Tenafly High School: -Instead, the students were at D w i g h t - M o r r o w , Bergen Catholic or Dwight-Englewood high schools. State Education Commis. sioner Saul Cooperman turned * down an appeal by Englewood Cliffs school board for the students to attend Tenafly High School this semester. Englewood, Englewood Cliffs and Tenafly school boards are appealing Cooperman's decision in July to the State School Board. ;
Tenafly High not j for all stueknte^ ^M**^ i/^/l?Z Fourteen EngleTvood Cliffs
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- TENAPLY Pour poUce officers were called to restore order Tuesday night when a Board of Education meeting erupted into a shouting match just five minutes after it began, ' The ruckus was prompted by board President Janet Ginsburg's announce-
ment that the public would not be permitted to comment on the district's appeal of state Education Commissioner Saul Cooperman's ruling barring Englewood and Englewood Cliffs students from attending Tenafly High School. Explaining that the board had a full agenda 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 is School boards are not reqi tain public comments at wo Order dissolved as membe ence shot up from their sea her decision. As Ginsburg banged her ga ent, Mark Lewitinn, shoute $800,000 of the kids' money, can't talk? Eight, hundred
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Residents try to speak at meeting *

, TENAFLY - When a shouting I match erupted at the board of education meeting last week, President Janet Ginsburg's gavel was not enough to restore order. . The argument between resident Mark Lewitinn and Ginsburg prompted Schools Supt. Dr. Charles DeGrow to call the police. After speaking with the police jMd 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 appeal i state Education Commissioner < Saul Cooperman's ruling that v upheld the sending/receiving rf contract between Englewood and \d Cliffs.
The Local Angle
Board's decision sparks comments

Continued from speak about the appeal" Byme, a former trustee, resigned last July to protest the board's decision. "As former board members (Byrne and Perry Levinsohn), they know what normal operating procedures are," Ginsburg said. "As a board member he (Byrne) wouldn't have tolerated it. 1 think we were set up." Byrne, on the other hand, said normal procedure is to open meetings to the public with few e x c e p t i o n s . "They (board members) took an old practice to eliminate the ability of the public i to speak. The board basically is ignoring the will of the public to speak on this subject," he said. "There has to be a dialogue, you can't operate public business that way. In the short run, it has damaged the credibility of the board." Ginsburg said she feels the residents attending the meeting do not represent the majority in the borough. Byme disagrees. "They represent people who are concerned about the appeal and the way the board-went about the appeal," Byrne said. "You now have a board that feels it doesn't owe anything to the people of the community."
|. Ginsburg explained that the meeting was a work session and i told residents the board would j, entertain their comments at the ^ next public hearing. ^ | Angry residents, however, : were eager to air complaints I about the appeal. Ginsburg said; Lewitinn, whose son is a junior at i the high school, stood up and > began screaming that the board > has spent too much money on the litigation. 4'They said it would only cost S100,000 at the beginning and it became $800,000 and now 515,000 could t u r n into $150,000," said Lewitinn. "They are censoring the public. they won't let you speak," he said before leaving the meeting. /Later, Ginsburg said James Byrne was the first person to [See BOARD'S, page 6
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The State Education Commissioner has rejected the proposed concept of a regionalized high school and has barred Tenafly from enrolling any future students from Englewood or Englewood Cliffs. The Tenafiy Board's decision to appeal the Commisioner's ruling against tuition students threatens the future independence of our school system,
.On September 13, the Tenafly Board of Education met for the first time in six weeks and denied concerned citizens the n'ght to speak out on this vital issue. You have another opportunity to voice your concern. Attend the Town Meeting and let your views be heard.
Paid For By The Coalition For Education, Not LMgation

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By Ron Hollander
ENGLEWOOD CLIFFS Withdrawing the district's students from Bnglewood's Dwight Morrow High School would have an "insubstantial impact" on racial balance in the school, the Board of Education argued in an appeal brief filed Friday. The appeal, filed with the state Board of Education, seeks to overturn a July ruling by Education,, Commissioner Saul Cooperman that Englewood Cliffs cannot remove its high school students from Dwight Morrow and send them t^Tenafly High School. The appeal also seeks to lift Cooperman's bancon .Tenafly's acceptance of tuition-paying high sch.pol students from either Englewood Clifra o/ Englewood. The 42-page brief says Cooperman erred in finding that' the loss of the Englewood Cliffs students would have a substantial impact on Dwighty Morrow's racial composition. Throughout the three-year case, Englewood argued that Englewood Cliffs' decision to leave Dwight Morrow was racially motivated. Englewood Cliffs countered that Tenafly High
fl The commissioner is focusing on a little town of 5,700 people and wants it to be the savior of Dwight Morrow.
Joel Siegal Attorney for Englewood Cliffs School was academically superior. Englewood Cliffs has no high school of its own. Dwight Morrow is about 84 percent black and Hispanic, 12 percent white, and 4 percent Asian. Tenafly High School is 98 percent white and Asian, as are most of the Englewood Cliffs high school students. The brief argued that there are only 12 Englewood Cliffs students at Dwight Morrow this year out of a total school population of 708. Only five of the 12, which include five freshmen who enrolled this month, are white.
If those students attended Tenafly, the percentage of white students at Dwight Morrow would be decreased by just seven tenths of 1 percent, the brief said. "The loss of the Englewood Cliffs students is just not going to have a practical impact on Dwight Morrow," said Joel Siegal, the district's attorney. "The commissioner is focusing on a little town of 5,700 people and wants it to be the savior of Dwight Morrow," Siegal said. If the state board is unwilling to establish a sending-receiving relationship between Englewood Cliffs and Tenafly High School, his brief says, it should "at minimum" allow students to attend Tenafly at their own cost. "Cooperman is practicing reverse discrimination by forbidding Englewood Cliffs parents to send their children to the school of their choice," Siegal said. "Parents in every other town in the state have that right." Englewood and Tenafly are expected to file briefs in 30 days to answer Englewood Cliffs' assertions. Education officials say the state board could take up to a year to decide the case, which then could be appealed in the courts.
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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 exr>r'ipected to be the board's decision '.to appeal State Education Com> missioner Saul Coopermaa's ruliing that bars tuition-paying high , i school students from Englewood Cliffs and Englewood from attend.-.ing Tenafiy High School. In his decision, Cooperman also vetoed . -Englewood's attempt to merge the three school districts. .' ' School board President Janet -- fGinsburg said the board's attor Bey, James Rothschild, would be I present to help the board answer ''questions from the public.
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By Mary Garcia Staff Writer

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TENAFLY - More than 80 residents gathered in borough hall last week to discuss the board of education's decision to appeal a state ruling barring Englewood Cliff students from attending the borough high school.
The Coalition for Education, Not Litigation, a citizens group formed to protest the appeal, held the town meeting to recruit members, distribute petitions, and collect money for a campaign against the borough board of, education. "We feel we are ready to accept (state Education Commissioner Saul) Cooperman's ruling," said Judy Davis, who moderated the meeting. "We want an end to costly litigation." Davis said the main question is whether Tenafly is more likely to face regionalization if it appeals. Aa answer, however, did not come oat of the three-hour debate among residents. "Tax money raised for educaj ticn should be speat on educa| tion, not on ill-advised attempts i to appeal," said former board of : education trustee Jim Byrne, who resigned from the board in July to protest the appeal. Byrne accused the board of resorting to "pare deception," saying it is using me regionalization issue to mask the real issue, which he says is the tuition-paying students. 'If we agree with fee commissioner's decision we do not appeal," said resident Joseph Lesser, who is an attorney "You appeal only if you disagree with something. Normally you don't appeal when you have won you defend." Board of Education Trustee Marge Parlamis explained the board's motives for the appeal. "Because it is a three-party suit (Englewood, Englewood Cliffs, and Tenafly) the ruling is not clear. We are being very cautious in our approach," she said. "Once you do not appeal you lose you right to appeal later, in accordance to educational law." Parlamis' remarks, as well as those of Board President Janet Ginsburg, were not received well by several residents. Some residents, however, said they were pleased the board members attended the meeting. "It is time to lay this entire issue to rest and get on with the business of educating our children," said Adrienne Meltzer, who at one time was a strong advocate of accepting tuitionpying students. "What is a good idea at one time is not a good idea at another time," she said. "I want the issue to go away, too," Ginsburg said. "Nothing we've done is written in stone.
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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 of education meeting and were told they could not speak because the meeting was a work session. The board of education will conduct an open meeting in the
Mackay School cafeteria Sept. 26. Ginsburg said she has asked the attorney representing the borough to attend the meeting to answer residents' questions concerning the litigation.
Attorney
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attending Englewood's Dwight *" . . . . . Morrow High. School. TJ^tJj^ (<&^ <\U I i Tenafly High School next year. The school board is in the third ENGLEWOOD'CLIFFS "You should not count out phase on the litigation after Attorney Joel Siegal, representapplying for Tenafly (High A d m i n i s t r a t i v e Law J u d g e ing the borough school board in School) next year," he told K e n n e t h S p r i n g e r rejected an appeal against the state board parents. "We're trying to get the Englewood Cliffs' request to of 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's next summer. Englewood Cliffs is 42, up from stand. 31 over last year. The school board and Siegal The board of education is Currently, s t u d e n t s from agreed to a contract which caps appealing the state's decision that "Englewood Cliffs, which does the cost of litigation at $210'.OOO upheld 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 $100,000 Englewood and Englewood School. State Education in the appeal to the state board nf Cliffs ~ Cliffs. Commissioner Saul Cooperman e d u c a t i o n , $90,000 to the Siegal, of Hellring and Linderecently rejected Englewood A p p e l l a t e C o u r t , and the man in Newark, made the stateC l i f f s ' appeal to allow 14 Supreme Court, with $20,000 for ment in front of approximately 50 Englewood Cliffs students to incidentals. 1 residents who attend attended the attend Tenafly this semester ., h k , Siegal said the school board *| school board meeting. *"" of
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school board has turned to the Bergen County Fee Committee to examine attorney fees incurred in the borough's sending/receiving litigation.
UNGLEWOOD CLJFFS - The
_ fees covering Marchvering July J9S8. Degnan, a former state attorney general, is of the law firm of Shanley and Fisher, Morristown. Several attempts to reach Degnan were unsuccessful.
Kevl e w*a ttor rffe y "fees

The Englewood Cliffs school board is in the process of appealing Cooperman's decision to the state board of education. The borough wants to sever the sending/receiving contract w i t h Englewood and send its high l d e n s to s c h o o l - b o u n d Jsltl uU c mts n Tenafly. fenafly is also appeal ing Cooperman's uv*.iun. ingn Cooperman'u decision, School Board President Sadri Garakani said Degnan had noj, given an account of the costs to
Dei,nan hari hf ^ n ,the ,,, Degnan had been h- attorney for the school board since the case began in December 1985.
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Board members say bills totaling $57,000 from Attorney John Degnan are unsubtantiated. The board voted 7-1-1 last week to have the committee, which arbitrates fees between attorneys and clients, look into
The school board voted to dismiss Degnan in July and hire Joel Siegal after State Education Commissioner Saul Cooperman upheld the sending/receiving relationship between and Englewood r\:te-Englewood and Enpliu>ftr>H Cliffs. Siegal is of the lawfinn of Hellring and Lindeman, Newark.
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the board. "He charged us $1.1 million, but we don't know what he did with it," she said. Garakani said the live months of bills are just the beginning. "We're first looking into those monies and then go back and look into 1987," she said. But Board Trustee Carin (kiger, who wits board president and charge of the litigation in the past, voted against the resolution and d e f e n d e d D e g n a n . "J personally have no problem with
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> Because 1 was a merrier of the $ .-pJ Tenafly Board of Education until ll^/K^b April, I am thoroughly familiar ^ with the litigation case. Tenafly's .- J5$ reason for appealing defies logic nV ,^?|,and common sense. Englewood |' '5 **P is far from stupid, so why didn't iC*r|f it appeal the commissioner's It"' HI êc*s*on on *e P^ mey won? .^ ^ ?s iniportant to know the ' ,.-.^| wording of the original resolution -.';SBi passed by Tenafly tfiat precipitated the law suit. It read: "The Board of Education of the f
Borough of Tenafly shall enter into a sending-receiving relationship with the Board of Education of the Borough of Englewood Cliffs, terms to be mutually agreed upon by the parties, upon approval by the Commissioner of Education of the termination of the sending-receiving relationship between the Borough of Englewood Cliffs and the City of Englewood." Since state Education Commissioner Saul Cooperraan ruled against terminating the sending-receiving relationship between Englewood Cliffs and Englewood and against regionalization of the Tenafly and Englewood high schools, the reality of the situation is that his decision should have put an end to our involvement in the case. The Tenafly board of education informed the Englewood Cliffs board that it was withdrawing its offer of being a receiving district for Englewood If Englewood persists in its fight to force regionalization of the Tenafly and Englewood high schools, the Tenafly board of eduation, supported by a united community, will do whatever is required to keep the Tenafly high school from being forceably regionalized with any other high school. I was mere. Tenafly has never been willing to talk to Englew- ood, except on its own terms. ' ?E3!Er" T;'iseff ;~--i*s^f" - VIff Pfe
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How they should get together and talk about the commissioner's terms. Enough already! EL PERSY P.
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Staff Writer
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TENAFLY - More than 80 residents gathered in borough hall last week to discuss the board of education's decision to appeal a state ruling barring Engiewood Cliff students from attending the borough high school.
The Coalition for Education, Not Litigation, a citizens group formed to protest the appeal, held the town meeting to recruit members, distribute petitions, and collect money for a campaign against the borough board of. education. "We feel we are ready to accept (state Education Commissioner Saul) Cooperman's ruling," said Judy Davis, who moderated the meeting. "We want an end to costly litigation." Davis said the main question is whether Tenafly is more likely to face regionalization if it appeals. An answer, however, did not come out of the three-hour debate among residents. 'Tax money raised for education should be spent on educai tion. not on iii-advised attempts to appeal," said former board of education trasiee Jim Byrne, who resigned from Jhe board in July to protest the appeal. Byrne accused the board of resorting to "pare deception." saying it is using the regionalization issue to snask the real issue, which he says is the tuition-paying students.' "If we agree with the commissioner's decision we do not appeal," said resident Joseph Lessen who is an attorney "You appeal only if you disagree with something. Normally you don'f appeal when you have won you defend." Board of Education Trustee Marge Parlamis explained the board's motives for the appeal. "Because it is a three-party suit (Englewood, Engiewood Cliffs. and Tenafly) the ailing is not clear. We are being very cautious in our approach/' she said. "Once you do not appeal you lose you right to appeal later, in accordance to educational law." Parlamis' remarks, as weli as those of Board President Janet Giasbarg, were not received well by several residents. Some residents, however, said they were pleased the board members attended the meeting. "It is time to lay this entire issue to rest and get on with the business of educating our children. " said Adrienne Meltzer, who at one time was a strong advocate of accepting tuitionpaying students. "What is a good idea at one time is not a good idea at another time," she said. "I want the issue to go away, too." Ginsburg said. "Nothing we've done is written in stone. 7 SCHOOL,
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Tenafly app64I says Cooperman lacks power for ruling

By John H. Kuhn
. Record Staff Wrltar e
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brief filed this week with the state Board of Education on behalf of Tenafly. "What Englewood seeks is favored treatment and protectionism. It asks the state board to bludgeon parents into sending their children to a school they find to be educationally unacceptable." Throughout the three-year case, which has cost the three districts a total of about $4 million, Englewood argued that Englewood CUffs' decision to leave Dwight Morrow was racially motivated. Englewood Cliffs countered that Tenafly High School is academically superior. Dwight Morrow is about 84 percent black and Hispanic, 12 percent white, and 4 percent Asian. Tenafly High School is 98 percent white and Asian, as are most of the Englewood Cliffs high school students. Rothschild argued that Dwight Morrow has failed to attract many of the available white students in Englewood. "Tenafly's policy has not caused any enrollment or racial imbalance problems in Dwight Morrow," the brief states. "Tenafly will be harmed in terms of
TENAFLY State Education Commissioner Saul Cooperman does not have the power to prohibit Tenafly from accepting tuition-paying students, the school board says in its appeal of Cooperman's ruling denying Englewood Cliffs the right to send its students to Tenafly. Tenafly is appealing the July ruling prohibiting Englewood Cliffs, which has no high school, from severing its sending relationship with Englewood and establishing a similar one with Tenafly. Englewood Cliffs had wanted to withdraw all of its students from Dwight Morrow High School and send them to Tenafly High School. Prior to the ruling, there were no restrictions on Tenafly's acceptance of out-oftown high school students on a tuition basis. "Any limitation on a local school district's ability to enroll non-resident students must come from the Legislature, which grants the right; the commissioner and/or state board are without such authority," attorney James Rothschild said in a
lost students, lost revenue, and program disruption without any corresponding benefit to Engle- wood." The brief said Tenafly's policy increased the black and Hispan- ' ic representation at Tenafly High School, and "there has been no showing that Tenafly ' has at any time acted with dis- ' crimination or segregative intent." Rothschild also argued that '^ forcing the formation of a regional high school district, which ; Englewood seeks and both the ,, commisioner and an administra-.j tive law judge rejected, cannot be imposed unless improper or il-', legal conduct by a school district is shown. i
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Rothschild said the commissioner's decision will hurt public education. 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 to take up to a year to decide the case.
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REGION All IZAT /O N :T WHY IT'S IMPORTANT
x c e V p Y s r o m the Commissiartcr's Decision Excerptsfrt>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
Englewood's appeal of the decision of Commissioner Cooperman (see inside) is based wholly on the ruling's absence of a mandate to create a regional high school district, as requested by Englewood in its response to the litigation brought by Englewood Cliffs. The Englewood Board of Education believes thai a regional high school district comprised of EnglewooJ, Englewood Cliffs, and Tenafly holds the greatest promise for the fulure of quality public education in the three communities. Among the advantages of regionalization are: a wider range of programs, with less likelihood of course cutbacks because of insufficient demand; a greater diversity of extracurricular activities; a broader range of inter-racial and inter-class contact, both among students and with faculty; and optimum use of facilities. A regional district was highly recommended in expen testimony before ihe administrative law judge hearing the case. The state Board of Education or Appellate Disision or Supreme Court on appeal there can direct that regionalization take place. Should this be the rinding, a feasibility study would be the first step. It would determine how existing facilities would be utilized. A regional high school serving Englewood, Englewood Cliffs, and Tenafly would be one of the largest in Bergen County.
"It is clear from the record ih.it this ease lias been heavih immersed in an effort to cast PMHS IDwi^lu Morrow High School] 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 the quality of education which .should he commended, not maligned.' * * * "While the uiition policy |uf'l Viully High School) on us lu..v is not illegal, ihe cfii'ci under ihe circumMuncc.s of tliis niaitei is in exacerbate ttie precarious racial imbalance at DMH.S; thus, UKstrong Stale policy against discrimmuiioti and segregalion hjve primacy over any discreiionary puwer |io acvi-pi tuiiion-paynii.' students from anoiher disincij."
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Slate Commissioner oft recently affirmed ihe dec judge upholding the Engle* litigation initialed by the Education. This special h been published to bring th< current status of this litig The ruling ofCommissi directs that Englewood Clif school students to Dwight Ln^lewood and forbids 7 further accepting tuition-p^ lewood Clijfs and Englewot rt'dly only to the three sch ruling has been described cance elsewhere in New Jen Cornm issioner Coopern pealed by Englewood to tht because the, decision does i regionalized high school, w is in the best interest of the rnunities. The commissions favorable to Englewood in Cliffs and Tenafly have also
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T O / M O K R O W : A Newsl. Published by ihe Englew
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The Dwight Morrow Litigation: Where We Are, Where We're Goiog

Litigation that began almost three years ago over a sending-receiving relationship dating back more than 20 years has been decided in favor of EngJewood. The litigation 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 last April has been affirmed (July 11, 1988) by state Commissioner of Education Saul Coopennan. It directs that Englewood Cliffs continue sending its students to Dwigbt Morrow High Sch-vil in Englewood and bars Tenafly High School from accepting Englewood Cliffs or Englewood students on a tuition basis. The latter provision applies to all students who have not yet attended classes in Tcnafly. including these already accepted for the 1988-89 school year: students who were ;'!rc.'nh attending THS at the time of the ruling arc allowed > omtinue there through gradualion. Ruling Appealed Commissioner Cooperman's ruling, however, ha1, been appealed by both Englewood Cliffs and Tenafiv. Fnglcwood has also appealed the decision, seeking to have thr ruling extended to mandate a regional high school. These appeals, by statute, must now go to the stale Board of Education, which may affirm, reverse or modify the commissioner's ruling, Further appeal would be to the courts -
sink- Supreme Court. As both a time-saving-sind cost-saving Mie.a.sure. it is likely (hat the parties will request the Supreme Court to bypass the Appellate Division and hear the case directly.
Key Findings
The ruling of Commissioner Cooperman, which runs 47 pages, found Englewood achieving a "quality of education which should be commended, not maligned." Other key findings include the following: 0 "The record does not support" Englewood Cliffs' position that Dwight Morrow High School is an "inferior school, not worthy of its students.' ; ' * Dwight Morrow "provides a broad comprehensive educational program which is both thorough and efficient and capable of providing more than adequate preparation for po-f-secondary education." "No one could seriously believe that racial prejudice and circumvention of integration is not at play in this case." a').;) "it is naive to suggest that racial considerations are not implicated" in the case. a New Jersey recogni/cs the "undisputed benefits of diversity" in its schools, and the Commissioner has a ' heavy responsibility to vigorously and aggressively combat thre.jls to racial balance" in New Jersey public schools. * Allowing termination of Englewood Cliffs' sending relationship with Englewood would "place an imprimatur of acceptance by the State" on so-called white flight and would result in significant negative impacts on racial balance and educational qualify at Dwight Morrow. The earlier ruling (April IS, 1988) of Administrative Law Judge Ken R. Springer included these findings: * "DMHS students may even have a greater chance than THS students of being accepted by some top-notch Superior Court and then the colleges." " "The degree of participation by (Englewood] Cliffs students in co-curricular activities at DMHS exceeds that of (heir Cliffs peers at THS (Tcnafly High School]."
Besides barring Englc: sending relationship with E also denied Englewood Ci relationship with both Engl Cliffs, which has no high si its sending relationship wit!I
Lookii Although appeals have Englewood Board of Educa Commissioner Cooperman' the need for a new spiri welcomes Englewood Clif substantial contributions Student Government Organi in extracurricular activjtie: participation of their paren Englewood parents. And i Cooperman's direction that there be a cooperative effo EngJewood Board's and En work together in the best int they have the responsibility t
COME A
BOARD OF EDUCATION City of Englewood

I,. Mice Peters. President Russell Major. l'/rr rrr\idrm Dr. Shepard BartnofT Dr. Hndnry Muth Barbara Marsan Dr. Michael CavwH I.urinila Shav Larry I/evfrett, Supfriniendfni nf Sfh<ml\t the Appellate Division of
Any resident, parent o Englewood Cliffs is invite* School firsthand. Pleases at 833-6150. The school r visit so it will not interfe tivities, and to take visito Anyone not wishing to vis the school or its prograrr number. Questions abo rected to Dr. Henry Olive schools, at 833-6070.
KTitTJn question. .Because, it-Wall be iP "Mr.""Rothschild has filed u 50filingafter**Tenany,- Englewood page brief addressed exclusively to
- - thu isiiglewood school board.'said, t-^^^/^re f.

$100,000. the tuition issue. What this has to do with regionalization is not clear to me."
the d i s t r i c t about
said trustee" tLaraine* Whitcomb, who was sworn in as a board member to replace James Byrne. Byrne resigned in protest over the appeal.
Board President Janet Ginsburg said, "The board feels this is the right way to proceed now. The board has the option to withdraw [from the appeal] at any time. We are defending ourself against regionalization. It was the board's decision, not the attorney's or superintendent's.", Legal tactics Rothschild said the 50-page brief he filed last week will make it difficult for Englewood to dwell at
first."
"If we chose not to appeal on the tuition question, Englewood would file the first brief," he said. "It would tell of a wealthy white community [Tenafly] striving to keep out blacks and Hispanics.... That is what the state would hear
must submit a shorter brief, he said.
Rothschild said the Tenafly tuition policy actually increased the black and Hispanic enrollment in Tenafly High School. "Tenafly is one of the most diverse communities in New Jersey, with 25 to 30 languages spoken in the high school," he said. Arnold Mytelka, attorney for
Rothschild aaid the Tenafly board would face a new suit frorA Englewood Cliffs if Tenafly backed out of its agreement to accept it as a sending district. Cooperman rejected Englewood Cliffs' request to stop sending high school students to Englewood and send them to Tenafly instead. Second opinion Several Tenafly residents suggested getting a second attorney's opinion about the appeal. But Rothschild said a second opinion
Not everyone who spoke disa- { greed with the board's slralegy. "Give them [the trustees] the benefit of the doubt," said Anna Porter, a Tenafly High School junior. "Assume they think they are ' ! acting in your best interest." But Eric Brill, another Tenafly High student, said he bt-Jieves t h e j l . $800,000 spent so far to pursue the litigation is too much. "It's a violation, to me, that this much money has been wasted." Rothschild said the appeal to" the state board will cost $15,000. An appeal to the state Supreme Court would cost more, he said, but he did not give a specific estimate.
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board to drop the appeal because the case has already cost ar-ord SiaH WriteiL.1 the district $800,000. But board members said they are , TENAFLY - The Board of fighting for the interests of the : Education is standing its district and an appeal is neces"ground in appealing a state sary to prevent regionalization .ruling that it not accept tu- of the three districts, which ition-paying high school stu- most Tenafly residents op dents from neighboring Englepose. twood and Englewood Cliffs. For three hours, residents ' Some of about 130 residents questioned the board and who last week attended a board attorney James Rothmeeting on the case urged the r John H. Kuhn
schikl about the lawsuit, which is going to the state Board of Education on appeal. The ruling was made by state Education Commissioner Saul Cooperman. It was part of the decision, issued in July, in which he rejected Englewood Cliffs' bid to end its sending relationship with Englewood and transfer its high school students to Tenafly.
Englewood Cliffs has no high school. All three districts have decided to appeal the ruling. Some 30 speakers urged the board to drop the appeal, pointing out that Tenafly residents support Cooperman's rejection of regionalizing the three districts. Englewood, which won the right to continue % receiving the
Englewood Cliffs fetudents, wants regionalization and has appealed Cooperman's ruling because he rejected it. Tenafly residents say regionalization would reduce the quality of their schools. But board members said appealing the case is the proper course. "We all want the same goal See APPEAL Page A-3l'
o boards continue appeals

iv,e their views on status of litigation
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By John H. Kuhn
Record Staff Writer
TENAFLY Residents opposed to the school board's appeal of a lawsuit involving Englewood and Englewood Cliffs will take to the streets this weekend seeking support for their campaign. "We want to get the message across," said former school board member James Byrne, one of the organizers of the petition 'drive. Byrne and other residents contend that the school board's vote to appeal state Education Commissioner Saul Cooperman's decision will continue the litigation to the state Board of Education and perhaps beyond to the courts. The case has cost Tenafly about 800,000 and the three districts nearly $4 million. Cooperman decided in July that Tenafly could no longer accept private, tuition-paying high school students from Englewood and Englewood Cliffs. But he also rejected Engiewood's request that he order the formation of a threedistrict regional high school. The
decision grew out of a suit by Englewood Cliffs, which has no high school, to withdraw its students from Dwight Morrow High School in Englewood and send them to Tenafly. Englewood Cliffs lost its bid. Tenafly Board President Janet Ginsburg, in commenting on the drive, said the board "took the mandate of the people at our May meeting, and our negotiating committee is seeking a meeting to explore a settlement." She would not confirm reports that a meeting of representatives from the three school boards has been scheduled. "We are trying to get them to sit down at the table," she said, referring to Englewood and Englewood CUffs board members. "We don't want to scare them off." "They know what has taken place," Ginsburg said of those who are behind the petition campaign. "They want to be in a position to take credit for whatever happens." Byrne said the petition group has set no goal on the number of signatures it seeks.
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By Ron Hdlandsir
Record Staff Writer
. .ENGLEWOOD CLIFFS - The school board will continue to fight Englewood's attempts to get the minutes of an executive session in which Board President Sadri Garakani suggested that the school suit against Dwight Morrow High School was racially motivated, the board's attorney said. Joel Siegal, representing the board in the multimillion-dollar suit to sever its relationship with Dwight Morrow, said Tuesday that he will fight a motion filed by Englewood this month to see the minutes from the July session. A report on the minutes, including Garakani's statement that the . case was "a racial issue," was published in The Record on July 21. An administrative law judge and Education Commissioner Saul Cooperman had denied the borough's suit to sever its sendingreceiving relationship with Dwight Morrow and to send its high school students to Tenafly High School instead. In denying the borough's petition in July, Cooperman wrote, "No one could seriously believe that racial prejudice and circumvention of integration is not at play in this case." The Englewood Cliffs school board has maintained that better educational quality at Tenafly not its racial composition motivated its suit. Tenafly High School is 98 percent white and Asian, as are most of the approximately 40 eighth-graders graduated each year from Englewood Cliffs. Dwight Morrow is about 86 percent black and Hispanic. In its motion filed Oct. 3, Englewood asked the state Board of Education to compel
from them," Mytelka wrote. Siegal said Mytelka was "trying to draw attention to the so-called race issue, which will inflame the situation and help his case, rather than to the schools' quality."
A decision on the minutes is expected from the state board within a month. Cooperman's entire decision is also being appealed to the state board, and a ruling on that is not due before summer.
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By John H. Kuhn
Record Staff Writer
TENAFLY At least 450 people signed petitions calling for the school board' to end its lawsuit with Englewood and Englewood Cliffs, a spokesman for the antilitigation group said Monday. "We will try again this weekend," said James Byrne, a former board member and leader of those opposing the district's appeal in the case. He said 450 people Saturday signed the petition, which asks the Tenafly board to accept the decision of state Education Commissioner Saul Cooperman rather than appeal to the state Board of Education. Seven of every 10 people approached signed the petition, he said. Cooperman ruled in July that Tenafly can no longer accept private, tuition-paying high school students from Englewood and Englewood CUffs. Cooperman also rejected Englewood's request that a three^district regional high school
..
be formed. Englewood Cuffs, which has no high school, started the litigation by asking Cooperman to allow it to withdraw from Dwight Morrow High School in Englewood and send its high school students to Tenafly. The three districts have spent nearly $4 million on the law suit. Tenafly residents opposed to the appeal contend that the district has spent enough money on the case and should instead accept Cooperman's decision. The school board, however, has remained steadfast in its appeal, contending that Tenafly must continue to oppose Englewood's quest for a regionalized district. A joint meeting of representatives of the three shcool boards is being sought by the Tenafly board to discuss a possible settlement. Tenafly board President Janet Ginsburg has written to other boards seeking the meeting, which may be held in mid-November. Byrne said the petition will be presented to the board this month.
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aff WiW r i V"T \? o litigation between the EnglewtfVLJtv^ ^| \T/] 00(1 chffs, Enplewood, and . ENGLEWOOD CLIFFS - The . Tenafly school districts began. borough cSvTe" will ask the school board Arba7on The MoSf County Fee Arbitration Chris case-in wni(=huEnglewood sougm , ^, Morris Cliffs sought to send its EnglewrSmSliS to rev ew more than tareview more than to Tenafly rather ^ÊnglewTenafly rather than students than ^^ Committee Co^'ttee to review more than to .g ^ $850 000 in attorney fees ood, is currently before the New Jersey State Board of Education. ^ *-rjLl! *Jn .^current semi incurred during the currem sendJersey nnan nf the firm of Shanley ne. current sendrv, State Board of Education. '*$ ing/receivina litigation. Degnan, of the firm of Shanley '4 In a 6-1 vote last week the & Fisher in Morristown, was 1 board decided to have' the replaced in July with attorney committee examine attorney 'oe* Siegal of Helhring, LindeJohn Degnan's fees for the 32man > Goldstein, Siegal, Stern, month period he was represent^ Greenbergdistrict is submitThe school in Newark. - - *oeo QAAAH
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agenda," she said. "It was never like paying Joel Siegal with a resolution on the agenda. " it." Degnan's iegaiicc,uuiv But school trustee Carin costs for consultants and inciBefore the .vote was taken, Geiger, who voted against the dentals. board member Stephen Rubinsky resolution, said the board was Several attempts to reach said, "If the majority of the board votes for it (the committee Degnan were unsuccessful. kept informed of costs. "The "review), I'll vote for it, but we Last month theu>board ~ of education decmeo to have the u education decided only $57,000 board was we were being charged budgeted it (money for Degnan's committee review of the fact constantly appraised committee review only $57,000 fees) and it was allocated. The of Degnan's fees from MarchDegnan's on an hourly basis," said Geiger, board members knew of the of rview all thefees from MarchJuly 1988, butfees. decided to later who was onuntil this year, the litigation committee July 1988,(Degnan) made a big but later decided t( costs." "If all the fees. "There were nine months of reviewhe...sri, rf,P. five months, we The board also approved a "If he (Degnan) made a bife i-~ court costs and six months of resolution appropriating the discovery." mistake with the five months, we Garakani, however, said the remaining $50,000 of $100,000 decided to see how much of a board was kept hi the dark until to Siegal for the appeal to the mistake he made inEducation she took over as president in state Board of Education. years," Board of the three President Sadri Garakani said. April. "There was nothing on the 1 million, but we don'fknow what he did with
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2 towns expected to rebute claim of racial motivation

,;4By Ron Hollander ' Record Staff Writer
what is available at Tenafly High School, where it wants to send the approximately 40 ' Englewood Cliffs and Tenafly eighth-graders it graduates each ./have until Monday to respond to year. lEnglewood'a continued claim Englewood Cliffs has no high ,that Englewood Cliffs' suit to schobl of its own. sever its ties with Dwight MorLast week, the state board dejow High School is racially nied a move by Englewood to see jjnot educationally motivated. minutes of a closed meeting of *' ' Jn a reply brief filed with the the Englewood Cliffs school state Board of Education, law- board. The board president was yers for Englewood argued, quoted as saying during the "This case is about race and meeting that the case was racialabout education and about much ly motivated. else; but it is mostly about race." The Englewood brief also re*: The board is now considering butted a request by the parents appeal of the tbree-year-long of an Englewood Cliffs eighthcase,-'.,..,-:, ..,: grader who currently attends ' Englewood:contended (in the school in Tenafly aa a^ tuitionbrief, filed last week, thatEngle- paying student that , wood Cliffs wants to atop send* lowed to complete she be alher high f ing sits mostly white ana Asian.; 'school education in that district. students to Dwight Morrow be-. î , cause the school ia 86 percent' '. State Education Commission* ' black and Hispanic. Englewood , :er Saul Cooperman ruled in July Cliifa, on the other hand, has that Tenafly must cease accept"said Dwight Morrow does not of- ing students from Englewood Vfer an education comparable to . and Englewood Cliffs, and that only those in the eighth grade last spring would be allowed to attend Tenafly through the 12th grade. Cooperman also refused to let Englewood Cliffs sever its relationship with Dwight Morrow. Lawyers for the eighth-grader, Allison Spiegel, have argued that Cooperman "arbitrarily" dre.w the line at the eighth grade'and that all students enrolled in any grade in the Tenafly school system last spring 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. "The line the Commissioner drew correctly balanced constitutional requirements and educational equities," Englewood's brief said. "It should not be redrawn."
In another development in the case, the arbitration of Englewood 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. Englewood, Tenafly, and Englewood Cliffs have spent almost $4 million 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 of Cooperman's decision. Education experts have said it could take six months to a year.
' ''
'' '
Cliffs'
/EdKensik T Writer ing/receiving lawsuit was racially motivated. The state board said it based its iENGLEWOOD - The state decision on a state statute that I of education last week "gives the public body itself aiied the city school board the control over disclosure of the H to obtain minutes of a July 15 substance of its private sessions." ijlewood Cliffs closed school The Englewood Cliffs. EnglewI meeting. ood, and Tenafly school boards are fording to the Dec. 1 ruling, involved in litigation that involves elewood failed to provide suffi- sending Englewood Cliffs students II reason to release the minutes. to Dwight Morrow High School in t ruling said the publication of Englewood or Tenafly High : meeting details was not a School. ' lantial reason to release the State Education Commissioner inieiu. Saul Cooperman in July reaffirmed July 21 and 22, The Record A d m i n i s t r a t i v e Law Judge i ankles it said were based on Kenneth Springer's decision to | events and discussions of the continue the sending/receiving Me session. contract between Englewood [Tbc'article reported t h a t Cliffs and Dwight Morrow. 'wood Cliffs Board President Englewood Cliffs and Tenafly nGarakani admitted the sendappealed the decision and the case is now before the state board of education. In its five-page decision, the state board said, "The mere fact that a newspaper has published portions of an alleged copy of the minutes of that meeting does not alone provide us with the justification for disturbing the Cliffs board's discretion in determining for itself the time for full disclosure." Attorney Joel Siegal, representing Englewood Cliffs in the litigation, said the decision shows Englewood is deflecting the issue of education, "it demonstrates that Englewood's motion to the state board is trying to avoid the issue on education and focusing on the red herring of race." Attorney Arnold Mytelka, who is representing Englewood, said State Education Commissioner Saul Cooperman Cooperman decided in favor of upholding the contract between the city and Engiewood Cliffs because he thought severing ties would disrupt the racial composition of Dwight Morrow High School. "I'm in good company with the commissioner." Mytelka said.
' -Oi
Boards file brief after brief in

By Ed Kerisik
Staff Writer i^l^N ENGLEWOOD - The city school board has responded to attacks made by Tenafly and Englewood Cliffs in its briefs to the state board of education. In response to Englewood Cliffs' brief, Attorney Arnold Mytelka. representing the city in the sending/receiving litigation, wrote that severing the contract between the city and Englewood Cliffs "would decimate the DMHS (Dwight Morrow High School) program." But Englewood Cliffs officials said the city will not have the last word. According to Joel Siegal, the attorney representing the Englewood Cliffs school board, he will file another brief in response to the one filed by Englewood last week. In its first brief, Englewood Cliffs maintainted that an injunction prohibiting Cliffs students from attending Tenafly High School is unconstitutional. "The injunction infringes fundamental constitutional rights of Cliffs parents and children, and harms the Cliffs and Tenafly school districts," wrote Siegal of the lawfirm of Hellring, Lindeman, Goldstein, Siegal, Stern, and Greenberg of Newark. In J u l y , s t a t e E d u c a t i o n Commissioner Saul Cooperman reaffirmed Administrative Law judge Kenneth Springer's ruling upholding the sending/receiving contract between Englewood and Englewood Cliffs and blocked Englewood Cliffs students from attending Tenafly High School. Both maintain the loss of Englewood Cliffs students would be detrimental to the racial makeup of Dwight Morrow High School (DMHS). In its 107-page brief, Englewood defended the high school from attacks from the other two communities and backed Cooperman's decision. Englewood Cliffs and Tenafly are appealing the decision thai upheld the contract while Englewood is appealing the pan of ihe decision lhat denied regionali/.ing the school districts. "Indeed, despite rejection of its vicious attack on Dwighi Morrow by bolh Judge Springer and the commissioner, the Cliffs board continues to tell its community, through the brief filed with this board, that Dwight Morrow is less than mediocre; it is a definite, tangible impediment to future success," Mytelka wrote in the briefs. According to Jeff Lieberman, legal analyst for the state board of education, Englewood Cliffs and T e n a f l y response briefs are expected Dec. 12. Englewood has 10 days to reply to the latest briefs, and then the case will go before the board's legal committee, which is free to consider the matter without time restraints before reporting lo the slate board, Lieberman said. Siegal said the state's decision is expected this summer. While Englewood's brief defended the reaffirmation of the contract, it charged that Coo[>erman did not use his office to full use. "He has taken too narrow a view of his broad power to combat imbalance in the public schools," Mytelka said. Mytleka also wrote lhat a largescale s u r v e y had not been conducted on regionalization.
^SUNDAY, DECEMBER 18, 1988
Eriglewood readies brief in 3-town school dispute

My Ron Hollander flecord Staff Writer The latest round in a three-year lawsuit involving three Bergen County school districts is to conclude Thursday, when Englewood files a final brief that is expected once more to defend the quality of [its high school and the need for regionalization. The state Board of Education, which is hearing an appeal in the jsuit, could take six months to a /year to render its decision. .'Englewood Cliffs is asking the board to reverse a July ruling by state Education Commissioner Saul Cooperman that bars the district from sending its students to Tenafly High School instead of Dwight Morrow High School in Englewood. The litigation has cost Engle'wood, Englewood Cliffs, and Tenafly nearly $4 million combined. In its final brief, filed last week, Englewood Cliffs vigorously rebutted Englewood's contention that racial considerations not educational quality are behind the district's desire to send its students to Tenafly. Tenafly's student body is 98 percent white and Asian, as are most of Englewood Cliffs' students. Dwight Morrow is 86 percent black and Hispanic. Englewood Cliffs has no high school. "By crying 'Race! Race!' Englewood hopes to blind the state Board of Education ... to substitute hysteria and wholly subjective factors for objective measures or' school performance," Englewood Cliffs argued. "The parents of Cliffs' students want to send their students to Tenafly rather than to Dwight Morrow because of the desire by those parents to obtain the best possible education for their children," the brief said. Cooperman ruled in July that Englewood Cliffs could not sever ' its 23-year sending-receiving relationship with Dwight Morrow. He found that Dwight Morrow offers "a more-than-adequate program for its college-bound population." But Cooperman denied Englewood's attempt to establish a regional high school district for the three municipalities, and Englewood is appealing that part of his ruling. Tenafly's final brief, also filed Monday, supported that part of the ruling. "Never before has a school district been permitted to arbitrarily select another separate and autonomous district, with which it has no formal educational ties, and
SAUL COOPERMAN July ruling at Issue target it for takeover," Tenafly's brief said. Cooperman also forbade Tenafly from accepting private, tuition students from Englewood or Englewood Cliffs. Tenafly's brief opposed that ban, saying the practice does not harm Dwight Morrow, as Cooperman contended.
II I
6 - The Suburbanite Newspapers-Wednesday December 21,1988
The Local Angle
its second
By Ed Kensik
Staff Writer ENGLEWOOD CLIFFS - In its second brief filed with the state board of education, the borough school board said the sending/ receiving contract between it and Englewood "is about excellence in education, not race." "By crying 'Race! Race'.' Englewood hopes to blind the State Board of Education to everything in the record, to substitute hysteria and wholly subjective factors for objective measures of school performance, and to avoid the rigorous analysis of what has brought Dwight Morrow High School to its present site," wrote attorney Joe! Siegal, the attorney representing Englewood Cliffs in the litigation. The litigation battle has turned more into a battle of the bnefs as each of the three communities involved Englewood, Englewood Cliffs, and Tenafly respond to their neighbors' claims. In J u l y , state Education Commissioner Saul Cooperman reaffirmed Administrative Law Judge Kenneth Springer's ruling upholding the sending'receiving contract between Englewood and Englewood Cliffs and blocked Englewood Cliffs students from attending Tenafly High School. Both maintain the loss of Englewood Cliffs students would be detrimental to the racial makeup of Dwight Morrow High School. In Englewood's response brief to Englewood Cliffs' first brief, attorney Arnold Mytelka wrote that severing the contract between the city and Englewood Cliffs "would decimate the DMHS (Dwight Morrow High School) program." A final brief from Englewood is expected Dec. 22 and then the litigation will go before the state Board of Education's legal committee. According to Siegal, Englewood failed to show there would be an adverse affect on education if the c o n t r a c t were s e v e r e d . "Englewood has failed to meet its burden of showing that severance would result in a significant negative impact of a tangible nature upon racial balance or educational quality at Dwight Morrow," he wrote. Siegal wrote that'Englewood's brief was racist and insultinc. "Indeed, Englewood's brief is so racist and insulting as to claim that without a mere 13 Cliffs children, there are no ambitious, higti achievers among the Englewood students to populate the college preparatory, AP (advanced placement) and honors courses. Englewood's limited confidence in the aptitude and abilities of its own students and limited vision explain why DMHS is such a mediocre institution." Siegal also disagreed with Englewood when it said Englewood Cliffs students fare better at Dwight Morrow High School. "If this is true as Englewood alleges it's because they are simply not as academically challenged there," Siegal wrote. With the numerous topics argued between the three sides, Siegal objected to the state Board of Education about the length of the 107-page Englewood brief. Englewood Cliff's second brief was 29 pages. "In light of the board's directives regarding appropriate brief length, the 107-page brief submitted by Englewood can only be described as unconscionable." Sieal wrote.
ENGLEWOODA brief scheduled to be filed by the city last week was expected to again defend the quality of its high school and the need for regionalization. The filing concludes the lastest .segment in a three-year lawsuit involving the school districts of this community, Englewood Cliffs and Tenafly. The state Board of Education, which is hearing an appeal in the suit, reportedly could take as long as six months to a year,to render its decision. The litigation has cost Englewood, Englewood Cliffs, and Tenafly nearly S4 million combined, according to a published report. In July, state Education Commissioner Saul Cooperman issued a ruling that bars the Englewood Cliffs school district from sending its students to Tenafly High School instead of Dwight Morrow High School in Englewood. Englewood Cliffs is is seeking a reversal of the ruling that says it could not sever its 23-year sending/receiving relationship with Dwight Morrow. X-'OOperman reportedly said he found Dwight Morrow offers a more-than-
adequate7 program for its collegebound students. The commissioner also ruled that Tenafly could not accept private, tuition styudents fromEnglewood or Englewood Cliffs. Tenafly's brief reportedly opposed the ban, claiming the practice does not harm
Dwight Morrow, as jCooperman claimed. Englewood Cliffs, in its final brief, rebutted Englewood's contention that racial considerations and' not educational quality are behind the district's desire to send its students to Tenafly.

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ENGLEWOOD LIBRARY . 31 ENGLE STREET ENGLEWOOD, NEW JERSEY

All Bergen Editions.=.Bergen South. Bergen North. Bergen NEWS b03

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By Ron Hollander, Record Staff Writer

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