A.N., on behalf of minor children, S.R. and K.W. v. Board of Education of the City of Elizabeth, Union County, 3/1/2024, (#126-24)

126-24
OAL Dkt. No. EDU 04745-23
Agency Dkt. No. 148-5/23
New Jersey Commissioner of Education
Final Decision
A.N., on behalf of minor children, S.R. and
K.W.,
Petitioner,
v.
Board of Education of the City of Elizabeth,
Union County,
Respondent.
The record of this matter, which was transmitted to the Commissioner by the Office of
Administrative Law (OAL) pursuant to N.J.A.C. 1:1-14.4 and includes an advisement of
petitioner’s failure to appear at the scheduled OAL hearing on January 25, 2024, has been
reviewed. Petitioner did not file an explanation for her failure to appear, notwithstanding the
opportunity to do so. Accordingly, petitioner’s residency appeal is hereby dismissed, and the
Board’s determination that petitioner’s minor children were not entitled to a free public
education in Elizabeth remains in effect.
However, the Elizabeth Board of Education (Board) filed exceptions, arguing that the
Administrative Law Judge (ALJ) should have heard and considered the Board’s position
regarding its counterclaim against petitioner for tuition reimbursement, instead of dismissing it
with the residency appeal.

2
Upon review, the Commissioner concludes that the Board was entitled to provide
ex parte proofs once petitioner failed to appear for the hearing and was also entitled to an
initial decision on the merits of its counterclaim. See N.J.A.C. 1:1-14.4(d). Pursuant to
N.J.S.A. 18A:38-1b, the Commissioner shall assess tuition against petitioner for the time period
during which the minor children were ineligible to attend school in the district. The statute
provides that the Commissioner may order tuition “computed on the basis of 1/180 of the total
annual per pupil cost to the local district multiplied by the number of days of ineligible
attendance.” N.J.S.A. 18A:38-1b. In the absence of any factual findings by the ALJ regarding
these issues, the Commissioner is unable to complete the necessary calculations.
Accordingly, this matter is remanded to the OAL for further proceedings to develop the
factual record regarding the number of days of ineligible attendance and the per diem cost of
tuition.
IT IS SO ORDERED.
ACTING COMMISSIONER OF EDUCATION
Date of Decision: March 1, 2024
Date of Mailing: March 6, 2024