Education Law Center v. Burke Children, Plaintiff-Respondent v. New Jersey Department of Education

Summary

The Supreme Court of New Jersey held that the Department of Education’s Simulation Memo is protected by the deliberative‑process exemption of OPRA and therefore may be withheld, and that the Education Law Center’s common‑law right‑of‑access claim fails. The Court adopted a functional test focusing on the document’s nexus to the agency’s decision‑making process rather than a simple fact/opinion label. The judgment of the Appellate Division was reversed and the case remanded to the Law Division.