S.G., on behalf of minor child, F.W. V. BOARD OF EDUCATION OF THE TOWNSHIP OF EWING, MERCER COUNTY, 8/1/03 (#398-03)

398-03
S.G., on behalf of minor child, F.W., 	:
PETITIONER, 	:
V. 	: 	COMMISSIONER OF EDUCATION
BOARD OF EDUCATION OF THE 	: 	DECISION
TOWNSHIP OF EWING, MERCER
COUNTY, 	:
RESPONDENT. 	:
_______________________________________
SYNOPSIS
Petitioning grandmother challenged the Boardís residency determination that F.W. was not
domiciled in the District.
In light of the credible presentation by petitioner that she was fully responsible for F.W. and that
he lives with her in Ewing and stays with his mother for convenience when petitioner works at
night, the ALJ found that F.W. lives with petitioner. 	S.G. has legal custody of F.W. and has
claimed him as a dependent for income tax purposes since he was born. 	The ALJ ordered that
F.W. be permitted to attend school in the District free of charge.
The Commissioner concurred with the ALJ that F.W. was domiciled in Ewing with his
grandmother, S.G., and that he is entitled to attend school in the District free of charge.
This synopsis is not part of the Commissionerís decision. It has been prepared for the convenience of the reader. It
has been neither reviewed nor approved by the Commissioner.
August 1, 2003

6
OAL DKT. NO. EDU 737-03
AGENCY DKT. NO. 29-1/03
S.G., on behalf of minor child, F.W., 	:
PETITIONER, 	:
V. 	: 	COMMISSIONER OF EDUCATION
BOARD OF EDUCATION OF THE 	: 	DECISION
TOWNSHIP OF EWING, MERCER
COUNTY, 	:
RESPONDENT. 	:
_______________________________________
The record in this matter and the Initial Decision of the Office of Administrative
Law have been reviewed. No exceptions were filed by the parties.
Upon 	careful 	and 	independent 	review 	of 	the 	record 	in 	this 	matter, 	the
Commissioner determines to adopt the Initial Decision. 	In so determining, the Commissioner
notes that S.G., F.W.ís grandmother, has legal custody of F.W. 1 and has claimed him as a
dependent for income tax purposes since he was born.2 Although the fact that F.W. sleeps at his
motherís residence in Trenton while S.G. and her husband work nights, on its face, raises a
reasonable question as to whether F.W. is, in fact, domiciled in Ewing, 3 S.G.ís explanation that
this sleeping arrangement is for convenience is plausible in this particular instance, given the
1S.G. obtained legal custody of F.W. by Consent Order, Docket No. FD-11-604-00, Superior Court, Chancery
Division, Family Part, on September 20, 1999.
2 S.G. testified that F.W. has lived with her since his birth in 1991 to her daughter, I.C., who was fourteen years old
at the time.
3This arrangement obviously means that F.W. spends a considerable amount of time with his mother in Trenton. In
that regard, it is noted that I.C. indicated to the Board by way of a letter and testimony at a Board hearing that F.W.
lives with her in Trenton. S.G. testified that I.C. had attended the Board meeting alone due to S.G.ís illness at the
time and that I.C. didnít understand the situation.

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history of F.W.ís living arrangements with his grandmother.4 Moreover, as noted by the
Administrative Law Judge, there are no other indications in the record that F.W.ís activities have
shifted to Trenton.
The Commissioner, therefore, concurs that F.W. is domiciled in Ewing with his
grandmother, S.G., and is entitled to attend school in the Ewing School District free of charge.
Accordingly, the Initial Decision is adopted for the reasons expressed therein.
IT IS SO ORDERED. 5
COMMISSIONER OF EDUCATION
Date of Decision: 	August 1, 2003
Date of Mailing: 	August 4, 2003
4 S.G. testified that her daughter has had drug and instability problems since she was a teenager and is unable to care
properly for F.W.
5 This decision, as the Commissionerís final determination in the instant matter, 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.