English v. Board of Education

301 F.3d 69
CourtCourt of Appeals for the Third Circuit
DecidedAugust 2, 2002
DocketNos. 01-3478, 01-3496 and 01-3505
StatusPublished
Cited by1 cases

This text of 301 F.3d 69 (English v. Board of Education) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
English v. Board of Education, 301 F.3d 69 (3d Cir. 2002).

Opinion

OPINION OF THE COURT

BECKER, Chief Judge.

Lincoln Park is a New Jersey municipality that has elected to fulfill its statutory obligation to educate its high school students by entering into what is known as a “send-receive” relationship with neighboring Boonton through which it sends its pupils to Boonton High School and pays to the Boonton School District a tuition that reflects the “actual cost” of the students enrolled. N.J.S.A. § 18A:38-19. Under New Jersey’s statute regulating send-receive relationships, N.J.S.A. § 18A:38-8.2, Lincoln Park is entitled to only one representative on the ten-member Boonton Board of Education (“Board”). Because Lincoln Park students constitute 52% of the Boonton High School population and Lincoln Park’s population as a whole amounts to 56% of the combined populations of the two towns, the plaintiff, Patrick English, a resident of Lincoln Park, maintains that relegating Lincoln Park to only one vote on the Boonton Board deprives him of his constitutional right, under the Equal Protection Clause of the Fourteenth Amendment, U.S. Const, amend. XIV, § 1, to proportional representation.

Upon cross-motions for summary judgment, the District Court agreed with English, and entered an order granting summary judgment against defendants the Boonton Board and the State Commissioner of Education. See English v. Bd. of Educ. of Town of Boonton, 135 F.Supp.2d 588 (D.N.J.2001) [hereinafter “English I”]. The Court ordered Lincoln Park’s representation increased to four (out of thirteen), with the Lincoln Park delegation’s vote on matters affecting the high school weighted by a factor that would give Lincoln Park influence on the Board congruent with its share of the high school population. See English v. Bd. of Educ. of Town of Boonton, 161 F.Supp.2d 344, 347-48 (D.N.J.2001) [hereinafter “English II"].

In reviewing the District Court’s decision, we are called upon to consider the extent of the constitutional principle of “one person, one vote.” Under this doctrine, “each qualified voter must be given an equal opportunity to participate in [an] election, and when members of an elected body are chosen from separate districts, each district must be established on a ba[72]*72sis that will ensure, as far as is practicable, that equal numbers of voters can vote for proportionally equal numbers of officials.” Hadley v. Junior Coll. Dist. of Metro. Kansas City, Mo., 397 U.S. 50, 56, 90 S.Ct. 791, 25 L,Ed.2d 45 (1970).

Although requiring equality among eligible voters, “one person, one vote” jurisprudence recognizes that certain restrictions on voter eligibility are valid. In Holt Civic Club v. City of Tuscaloosa, 439 U.S. 60, 99 S.Ct. 383, 58 L.Ed.2d 292 (1978), the Supreme Court held “that a government unit may legitimately restrict the right to participate in its political processes to those who reside within its borders.” Id. at 68-69. Such geography-based restrictions on the franchise have been upheld as valid when a municipality exercises “extraterritorial” powers over individuals outside its boundaries; the exercise of “extraterritorial” powers does not, according to Holt, require a “concomitant extraterritorial extension of the franchise.” Id. at 69. Because valid geography-based restrictions on voting do not offend the principle of “one person, one vote,” a court need not subject them to strict scrutiny; rather, the restrictions must only “bear some rational relationship to a legitimate state purpose.” Id. at 70.

In our view, Holt mandates the conclusion that strict scrutiny does not apply and that Lincoln Park residents can claim no constitutional right to proportional representation on the Boonton Board. As is obvious, the residents of Lincoln Park do not reside within the geographic district that is responsible for electing the members of the Boonton Board; the Boonton Board, therefore, merely exercises extraterritorial power over Lincoln Park. Because Lincoln Park maintains its own separate board of education that controls the K-8 education of its students, this is not a case in which the Boonton School District “exercisfes] precisely the same governmental powers over residents of surrounding ... territory as it does over those residing within its corporate limits.” Id. at 72 n. 8. Rather, the Boonton Board is in a position to govern only four of thirteen years of a Lincoln Park student’s public education, and thereby exercises limited extraterritorial powers.

Furthermore, under New Jersey’s send-receive legislative scheme, it is possible that Lincoln Park may one day sever its send-receive relationship with Boonton. As a result, the residents of Lincoln Park cannot be said to possess the same stake as Boonton residents in Board decisions that affect the Boonton School District in the long term, such as capital improvements. At bottom, we conclude that the New Jersey send-receive scheme as applied to Lincoln Park does not violate the principle of “one person, one vote.”

English maintains, however, that even if we decline to review the Lincoln Park-Boonton arrangement under strict scrutiny, the statutory scheme’s allocation of only one vote to Lincoln Park does not survive even the more deferential rational basis review. We disagree, for we think that the allocation to Lincoln Park of only one representative on the Boonton Board, the type of complex judgment that a state legislature is entitled to make, does, in fact, “bear some rational relationship to a legitimate state purpose.” Id. at 70. Accordingly, we will reverse the order of the District Court and remand with directions to grant summary judgment to the defendants.

I. Facts and Procedural History

Under New Jersey law, Lincoln Park has an obligation to educate, at its own expense, all persons, between the ages of five and twenty who are domiciled within the district. N.J.S.A. § 18A:38-1. New Jersey law, however, does not require that [73]*73Lincoln Park construct and maintain its own schools in order to fulfill this obligation. Rather, Lincoln Park, like any New Jersey school district, may enter into a send-receive relationship with another district whereby it sends its pupils to the receiving district’s schools for one grade or more, N.J.S.A. § 18A:38-8, in return for a tuition payment that does not exceed the “actual cost” of the students enrolled, N.J.S.A. § 18A:38-19, with “actual cost” defined in detail by the New Jersey Administrative Code. See N.J.Admin.Code § 6A:23-3.1.

Over fifty years ago, rather than build its own high school, Lincoln Park elected to enter into a send-receive relationship with neighboring Boonton for the education of its high school students, and that relationship has continued to the present day. Although the Lincoln Park-Boonton relationship has persisted for more than half a century, it has not been without its share of acrimony, as there have been at least four major lawsuits between the districts on topics ranging from the Lincoln Park representative’s right to receive information to overcharging of tuition to Lincoln Park. See English I, 135 F.Supp.2d at 591.

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301 F.3d 69, Counsel Stack Legal Research, https://law.counselstack.com/opinion/english-v-board-of-education-ca3-2002.