C.M., on behalf of minor children, A.M., E.M., and P.M. v. Board of Education of the Township of Deerfield, Cumberland County, 6/25/26 (#222-26)

222-26
OAL Dkt. No. EDU 21579-25
Agency Dkt. No. 392-11/25
New Jersey Commissioner of Education
Final Decision
C.M., on behalf of minor children, A.M., E.M.,
and P.M.,
Petitioner,
v.
Board 	of 	Education 	of 	the 	Township 	of
Deerfield, Cumberland County,
Respondent.
The record of this matter and the Initial Decision of the Office of Administrative Law (OAL)
have been reviewed and considered. The parties did not file exceptions.
Petitioner appealed the Deerfield Township Board of Education’s (Board) determination
that he and his children did not reside in Deerfield Township, and that the children were
therefore not entitled to a free public education in the district. The Board opposed the appeal
and sought reimbursement for the costs of tuition during the time the children were ineligible to
attend school in the district.
Following an initial conference call on February 26, 2026, in which both parties
participated, petitioner failed to appear for a call scheduled for April 14, 2026. 	The ALJ
rescheduled the call two more times, but petitioner failed to appear each time. 	The record
reflects that all notices were sent to petitioner’s correct email address, which he used to file his

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petition of appeal and communicate with the Office of Controversies and Disputes and the OAL.
After petitioner’s third failure to appear, and his failure to provide an explanation for same, the
ALJ dismissed his petition of appeal pursuant to N.J.A.C. 1:1-14.4(a). The ALJ noted that the Board
had withdrawn its counterclaim for tuition reimbursement.
Following the issuance of the Initial Decision, petitioner did not file exceptions or an
explanation for his failure to appear. 	Accordingly, petitioner’s residency appeal is hereby
dismissed.
IT IS SO ORDERED. 1
COMMISSIONER OF EDUCATION
Date of Decision: 	June 25, 2026
Date of Mailing: 	June 25, 2026
1 This decision may be appealed to the Appellate Division of the Superior Court pursuant to N.J.S.A. 18A:6-
9.1. Under N.J.Ct.R. 2:4-1(b), a notice of appeal must be filed with the Appellate Division within 45 days
from the date of mailing of this decision.

New Jersey is an Equal Opportunity Employer
State of New Jersey
OFFICE OF ADMINISTRATIVE LAW
INITIAL DECISION
FAILURE TO APPEAR
OAL DKT. NO. EDU 21579-25
AGENCY DKT. NO. 392-11/25
C.M. ON BEHALF OF MINOR CHILDREN
A.M., E.M., AND P.M.,
Petitioners,
v.
TOWNSHIP OF DEERFIED BOARD OF
EDUCATION, CUMBERLAND COUNTY,
Respondent.
___________________________________
C.M., petitioner, pro se
Mark G. Toscano, Esq., for respondent (Comegno Law Group, P.C., attorneys)
Record Closed: May 11, 2026 Decided: May 27, 2026
BEFORE TAMA B. HUGHES, ALJ:
STATEMENT OF THE CASE
C.M. (petitioner), on behalf of his minor children, A.M., P.M., and E.M., appealed
the residency determination of the Board of Education of the Township of Deerfield (Board

OAL DKT. NO. EDU 21579-25
2
or respondent). The Board answered the petition and filed a counterclaim demanding
tuition repayment for the 2025/2026 school year.
.
PROCEDURAL HISTORY
By Memorandum dated October 21, 2025, petitioner was served with a Notice of
Initial Determination of Ineligibility for E.M., P.M., and A.M., to attend school in the
Deerfield Township School District. The notice advised that on October 21, 2025, the
Board determined that petitioner and his family no longer resided in the district.
(Respondent Answer and Counterclaim, Exhibit 2.) By Memorandum dated November
13, 2025, petitioner was served with a Notice of Final Determination. The noticed advised
that on November 13, 2025, the Board determined that E.M., P.M., and A.M. were no
longer eligible for enrollment in the district because they no longer resided at XXX
Lebanon Road, Bridgeton, in Deerfield Township.
On November 14, 2025, petitioner filed an appeal of the Board’s determination to
the Department of Education, Office of Controversies and Disputes. On December 2,
2025, respondent filed an Answer and a Counterclaim seeking tuition reimbursement for
the 2025/2026 academic year for all three children. On or about December 8, 2025, the
matter was transmitted to the Office of Administrative Law to be heard as a contested
case. N.J.S.A. 52:14B-1 to -15; N.J.S.A. 14F-1 to -13.
On January 14, 2026, the matter was assigned to me. An initial call took place on
February 26, 2026, with both parties participating. At the time of the call, petitioner
requested additional time to retain counsel. Both parties were verbally told what the next
call date was (March 25, 2026) and the time. The parties were also provided written
notice on February 27, 2026. Petitioner’s notice was emailed to his confirmed email
address, which was the same email address that he had provided on his appeal
paperwork. On March 25, 2026, petitioner requested an adjournment of the status call
due to a medical emergency.
The matter was rescheduled to April 14, 2026. Notice for the status call was sent
to petitioner’s email address on March 25, 2026. On April 14, 2026, petitioner failed to

OAL DKT. NO. EDU 21579-25
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appear (FTA). The matter was rescheduled for April 27, 2026. Notice for the status call
was sent to petitioner’s email address on April 15, 2026. At the bottom of the notice,
petitioner was advised that “failure to dial in for the telephone conference, will result in the
file being returned to the transmitting agency for appropriate action which may include
imposition of the proposed penalty or granting the relief requested by the other party.”
See April 27, 2026, status call notice. On April 27, 2026, petitioner was again an FTA.
The matter was again rescheduled—this time to May 8, 2026. Notice for the call
was sent out on April 28, 2026, and again stated: “failure to dial in for the telephone
conference, will result in the file being returned to the transmitting agency for appropriate
action which may include imposition of the proposed penalty or granting the relief
requested by the other party.” See May 8, 2026, status call notice. Petitioner was again
an FTA on May 8, 2026. His FTA was placed on the record.
As a result of petitioner’s abandonment of his appeal, the sole remaining issue in
this matter was the Board’s cross motion for tuition reimbursement. Based upon
counsel’s representation, it appears that petitioner failed to file an Answer to the
Counterclaim. As such, by letter dated May 14, 2026, the Board was asked to provide
supplemental documentation verifying/certifying the annual cost per student for A.M.,
E.M., and P.M. for the 2025/2026 school year, per diem rates, and dates of ineligible
attendance for each child. See May 14, 2026, Letter.
On May 15, 2026, counsel for the Board notified petitioner and me that the Board
was withdrawing its Counterclaim. See May 15, 2026, email.
Other than petitioner’s request to adjourn the March 25, 2026, status call, petitioner
has not contacted the OAL seeking an adjournment of any of the status calls or provided
an explanation for his failure to appear.

OAL DKT. NO. EDU 21579-25
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LEGAL ANALYSIS
Pursuant to N.J.A.C. 1:1-14.4:
(a) If, after appropriate notice, neither a party nor a
representative appears at any proceeding scheduled by
the Clerk or judge, the judge shall hold the matter for one
day before taking any action. If the judge does not receive
an explanation for the nonappearance within one day, the
judge shall, unless proceeding pursuant to (d) below,
direct the Clerk to return the matter to the transmitting
agency for appropriate disposition pursuant to N.J.A.C.
1:1-3.3(b) and (c).
(b) If the nonappearing party submits an explanation in
writing, a copy must be served on all other parties and the
other parties shall be given an opportunity to respond.
(c) If the judge receives an explanation:
1. If the judge concludes that there was good cause for
the failure to appear, the judge shall reschedule the
matter for hearing; or
2. If the judge concludes that there was no good cause
for the failure to appear, the judge may refuse to
reschedule the matter and shall issue an initial decision
explaining the basis for that conclusion, or may
reschedule the matter and, at his or her discretion,
order any of the following:
i. The payment by the delinquent representative or
party of costs in such amount as the judge shall fix,
to the State of New Jersey or the aggrieved person;
ii. The payment by the delinquent representative or
party of reasonable expenses, including attorney's
fees, to an aggrieved representative or party; or
iii. Such other case-related action as the judge deems
appropriate.
(d) If the appearing party requires an initial decision on the
merits, the party shall ask the judge for permission to
present ex parte proofs. If no explanation for the failure to
appear is received, and the circumstances require a
decision on the merits, the judge may enter an initial

OAL DKT. NO. EDU 21579-25
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decision on the merits based on the ex parte proofs,
provided the failure to appear is memorialized in the
decision.
I CONCLUDE that petitioner was provided with appropriate notices of all of the
scheduled proceedings, namely the telephonic status conferences on April 14, 2026, April
27, 2026, and May 8, 2026.
Based upon petitioner’s repeated failure to participate in the scheduled status calls
despite having received notice, I CONCLUDE that petitioner has abandoned his appeal
by his failure to participate. A plain reading of N.J.A.C. 1:1-14.4(a), therefore, requires
that the matter now be returned to the transmitting agency for appropriate disposition.
See also N.J.A.C. 1:1-3.3(b).
With the withdrawal of the Board’s crossclaim, all issues have been resolved.
ORDER
Based upon the foregoing, it is hereby ORDERED that C.M.’s appeal is dismissed.
I hereby FILE my Initial Decision with the COMMISSIONER OF THE
DEPARTMENT OF EDUCATION for consideration.
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. Exceptions may be filed by email to
ControversiesDisputesFilings@doe.nj.gov or by mail to Office of Controversies and

OAL DKT. NO. EDU 21579-25
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Disputes, 100 Riverview Plaza, 4th Floor, PO Box 500, Trenton, New Jersey 08625-0500.
A copy of any exceptions must be sent to the judge and to the other parties.
May 27, 2026
DATE TAMA B. HUGHES, ALJ
Date Received at Agency:
Date Mailed to Parties:
TBH/dc