Board of Education of Piscataway Township, a Public Body of the State of New Jersey, Plaintiff-Respondent v. Mr…

Summary

The Supreme Court of New Jersey held that N.J.S.A. 18A:37-3, which imposes vicarious liability on parents or guardians of public school pupils for willful or malicious damage to school property, is constitutional under both due process and equal protection, and construed it to apply only to parents/guardians with legal custody who had control at the time of the act. The Court affirmed the Appellate Division’s reversal of the trial courts and remanded for further proceedings. Justice Clifford dissented, arguing the statute is unconstitutional.