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

Summary

The New Jersey Supreme Court 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 the Due Process and Equal Protection clauses. The Court construed the statute narrowly, limiting liability to parents with legal custody who could be shown to have failed in supervision of willful acts. The decision affirmed the Appellate Division's reversal of the trial courts and remanded for further proceedings. A dissent by Justice Clifford argued the statute is arbitrary and should be struck down.