D.W., on behalf of minor child, Y. T. v. Board of Education of the City of Millville, Cumberland County, 2/20/2020, (#68-20)

New Jersey Commissioner of Education
Final Decision
D.W., on behalf of minor child, Y.T.,
Petitioner,
v.
Board of Education of the City of Millville,
Cumberland County,
Respondent.
Synopsis
In June 2019, pro se petitioner filed an appeal for due process on behalf of her foster child, Y.T.,
in which she sought an order directing the respondent Board to allow Y.T. to participate in her
eighth-grade promotion ceremony. 	The emergent matter was heard on June 19, 2019, and
emergent relief was granted. 	The file was retained by the OAL for additional proceedings as
needed.
Following a conference call in October 2019, the ALJ found that no issues remain open in this
matter, as the final emergent decision had resolved the controversy. The ALJ further concluded
that the petition should be dismissed, and the file returned to the transmitting agency.
Upon 	review, 	the 	Commissioner 	concurred 	with 	the 	ALJ’s 	findings 	and 	conclusion.
Accordingly, the Initial Decision of the OAL was adopted as the final decision in this case, and
the petition was dismissed.
This synopsis is not part of the Commissioner’s decision. It has been prepared for the convenience of the reader. It
has been neither reviewed nor approved by the Commissioner.
February 20, 2020
68-20

OAL Dkt. No. EDU 8263-19
Agency Dkt. No. 138-6/19
New Jersey Commissioner of Education
Final Decision
D.W., on behalf of minor child, Y.T.,
Petitioner,
v.
Board of Education of the City of Millville,
Cumberland County,
Respondent.
The record of this matter and the Initial Decision of the Office of Administrative Law
have been reviewed. The parties did not file exceptions to the Initial Decision.
Upon such review, the Commissioner concurs with the Administrative Law Judge’s
determination – for the reasons stated in the Initial Decision – that no issues remain in dispute and
that the petition of appeal should be dismissed. 	Accordingly, the Initial Decision is adopted as the
final decision in this matter and the petition of appeal is dismissed.
IT IS SO ORDERED.1
COMMISSIONER OF EDUCATION
Date of Decision: 	February 20, 2020
Date of Mailing: 	February 20, 2020
1 This decision may be appealed to the Appellate Division of the Superior Court pursuant to P.L. 2008,
c. 36 (N.J.S.A 18A:6-9.1).

State of New Jersey
OFFICE OF ADMINISTRATIVE LAW
INITIAL DECISION
OAL DKT. NO. EDU 08236-19
AGENCY DKT. NO. 138-6/19
D.W., ON BEHLAF OF MINOR CHILD, Y.T.,
Petitioners,
v.
BOARD OF EDUCATION OF THE CITY OF MILLVILLE,
CUMBERLAND COUNTY,
Respondent.
_______
D.W., petitioner, pro se
Matthew J. Robinson, Esq., for respondent (Robinson and Robinson, attorneys)
Record Closed: January 10, 2020 	Decided: January 27, 2020
BEFORE ELIA A. PELIOS, ALJ:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY
D.W. (petitioner) filed a petition for due process on behalf of her foster child, Y.T., a
minor, seeking an order directing the Millville Board of Education (respondent) to allow Y.T.
to participate in her eighth-grade promotion ceremony.

2
On June 17, 2019, petitioner’s petition of appeal was filed with the Office of
Controversies and Disputes of the New Jersey Department of Education, along with a
request for emergent relief. On June 18, 2019, the emergent matter was filed along with the
due process request with the Office of Administrative Law (OAL). 	The emergent relief
request was scheduled for oral argument, which was held on June 19, 2019. 	Petitioner’s
emergent relief request was GRANTED. 	An order on emergent relief was issued and
ADOPTED by the Commissioner of Education. The file was retained at the OAL for
determination of what if any proceedings the parties and the undersigned felt were necessary
to bring the matter regarding the underlying petition to closure.
A conference call was held on October 15, 2019. At that time the parties agreed
that no issues remained open or before this tribunal, and that the emergent hearing held
on June 19, 2019 and the ensuing initial and final emergent decisions had resolved all
issues. 	It was further agreed that the matter should be returned to the transmitting
agency.
Counsel for respondent provided a confirming letter to that effect later that same
date, and no further communication or objection has been received.
The preceding statements are not in dispute and are hereby FOUND as FACT.
Considering the foregoing, I FIND that no issues remain open in the current
matter and CONCLUDE that the petition in this matter should be DISMISSED and the
file returned to the transmitting agency.
ORDER
I hereby ORDER that the petition in this matter be DISMISSED and that the file
be returned to the transmitting agency.
I 	hereby 	FILE 	this 	initial 	decision 	with 	the 	COMMISSIONER 	OF 	THE
DEPARTMENT OF EDUCATION for consideration.

3
This 	recommended 	decision 	may 	be 	adopted, 	modified 	or 	rejected 	by 	the
COMMISSIONER OF THE DEPARTMENT OF EDUCATION, who by law is authorized
to make a final decision in this matter. 	If the Commissioner of the Department of
Education does not adopt, modify or reject this decision within forty-five days and unless
such time limit is otherwise extended, this recommended decision shall become a final
decision in accordance with N.J.S.A. 52:14B-10.
Within thirteen days from the date on which this recommended decision was
mailed to the parties, any party may file written exceptions with the COMMISSIONER
OF THE DEPARTMENT OF EDUCATION, ATTN: 	BUREAU OF CONTROVERSIES
AND DISPUTES, 100 Riverview Plaza, 4th Floor, PO Box 500, Trenton, New Jersey
08625-0500, marked “Attention: Exceptions.” A copy of any exceptions must be sent to
the judge and to the other parties.
January 27, 2020
DATE 	ELIA A. PELIOS, ALJ
Date Received at Agency: 	January 27, 2020 (emailed)
Date Mailed to Parties:
/mel

4
APPENDIX
WITNESSES
For Petitioner:
None
For Respondent:
None
EXHIBITS
For Petitioner:
None
For Respondent:
None
For Court:
C-1 	Confirming Letter from Respondent’s Counsel