TRENTON — Absecon Schools is not giving up in its effort to provide better educational opportunities for our children, as we continue to pursue establishing a new high school agreement with Greater Egg Harbor Regional, taking our fight to the state’s highest court.
Attorneys representing Absecon Public Schools appeared before the New Jersey Supreme Court on Wednesday, Sept. 9, 2026 to argue for relief in the state’s decision to not allow the district to sever our current send-receive agreement with Pleasantville High School.
Absecon Schools’ attorney Vito Gagliardi of Porzio, Bromberg, and Newman told the Supreme Court justices that the Appellate Court had erred in its decision to uphold the New Jersey Commissioner of Education’s decision forcing Absecon and Pleasantville to continue their relationship. Gagliardi believes that the Commissioner used incorrect statistics from our feasibility studies, did not consider the demographic projections even though they are usually considered, and applied a different standard than what is typically applied when considering a change in racial makeup in the event a send-receive agreement is severed.
Absecon Schools initially petitioned to the Department of Education nearly a decade ago to sever its relationship with Pleasantville and instead send its students to Absegami High School under a new partnership with Greater Egg Harbor Regional High School District. That petition, which was not contested by Pleasantville, was denied in May 2022 by then-Commissioner Angelica Allen-McMillan. Absecon subsequently submitted a Motion for Reconsideration to the Department of Education, which was also denied. We then appealed to the New Jersey Superior Court, and were heard before a three-panel judge in January 2025. However, in July 2025, the Appellate Court sided with the Commissioner. We again appealed, this time to the state’s highest court, and the seven-judge panel agreed to hear our case in March 2026.
Our district remains confident that the New Jersey Supreme Court justices will thoroughly evaluate the key arguments presented by Absecon’s legal team. With a decision expected this winter, we remain hopeful for a positive outcome that serves the best interests of Absecon's children.
Watch the oral arguments here: A-26-25 Board of Education of the City of Absecon v. Board of Education of the City of Pleasantville (091051) or download the video HERE