R.A.R., on behalf of minor child, B.D.R. V. BLACK HORSE PIKE REGIONAL HIGH SCHOOL DISTRICT, CAMDEN COUNTY, 3/5/08, (#102-08)

1 printed pages contain little extracted OCR body text; searchable legal-body completeness has not been established for those pages.

OCR transcription for search; preserved printed pages are authoritative

#102-08 (OAL Decision: http://lawlibrary .rutgers.edu/oal/html/initial/edu08849-07_1.html)

R.A.R., on behalf of minor child, R.D.R.,

PETTTIONER,
V. : COMMISSIONER OF EDUCATION
BOARD OF EDUCATION OF THE : DECISION
BLACK HORSE PIKE REGIONAL
HIGH SCHOOL DISTRICT,
CAMDEN COUNTY,
RESPONDENT.

SY NOPSIS

Petitioner - a resident of Gloucester Township - contends that his daughter, R.D.R., is entitled to a
free public education in the Black Horse Pike Regional High School District. Respondent Board
asserts that because the child’s mother - a Pennsylvania resident - has a court order giving her
primary physical custody, the petitioner must obtain a letter from the mother granting permission
for R.D.R. to attend school in its district under his supervision. Respondent Board does not seek
tuition from petitioner, but rather proof that the child is legitimately under the care of petitioner.

The ALJ found that because the Board does not dispute that petitioner is R.D.R.’s father, nor that he
is a resident of Gloucester Township, R.D.R. is legally domiciled within the respondent’s school
district; accordingly - pursuant to NJ.S.A. 18A:38-1(a) and NJ.A.C. 6A:22-3.1(a)1.i. - she is entitled
to a free public education in Black Horse Pike Regional schools. Accordingly, the ALJ granted
petitioner’ s appeal.

Upon an independent review of the record, the Commissioner adopted the Initial Decision as the
final decision in this matter. The Commissioner ordered the respondent Board to continue to admit
R.D.R. free of charge, so long as there is no change in circumstances that would alter her
entitlement.

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.

March 5, 2008

OAL DKT. NO. EDU 8849-07
AGENCY DKT. NO. 304-10/07
R.A.R., on behalf of minor child, R.D.R., 	:
PETITIONER, 	:
V. 	: 	COMMISSIONER OF EDUCATION
BOARD OF EDUCATION OF THE 	: 	DECISION
BLACK HORSE PIKE REGIONAL
HIGH SCHOOL DISTRICT, 	:
CAMDEN COUNTY,
:
RESPONDENT.
:
The record of this matter and the Initial Decision of the Office of Administrative Law
(OAL) have been reviewed. The parties did not file exceptions to the Initial Decision.
Upon review the Commissioner concurs with the Administrative Law Judge (ALJ)
that since it is undisputed that petitioner is the father of R.D.R. and that he is domiciled in
Gloucester Township, minor child, R.D.R. – who lives with petitioner on a permanent basis – is entitled
to 	attend 	the 	District’s 	schools 	free 	of 	charge 	pursuant 	to 	N.J.S.A. 	18A:38-1(a) 	and
N.J.A.C. 6A:22-3.1(a)1.i.1
Accordingly, the recommended decision of the OAL is adopted for the reasons stated
therein. The Board is hereby ordered to continue to admit R.D.R. into its public school system – free of
charge – so long as there is no change in circumstances that would alter her entitlement.
IT IS SO ORDERED.2
COMMISSIONER OF EDUCATION
Date of Decision: March 5, 2008
Date of Mailing: 	March 5, 2008
1 It is noted that the 3 rd paragraph on Page 2 of the Initial Decision incorrectly summarizes the ALJ’s conclusion in
this case.
2 This decision may be appealed to the State Board of Education pursuant to N.J.S.A. 18A:6-27 et seq. and
N.J.A.C. 6A:4-1.1 et seq.