S.P., on behalf of minor children, J.V. and K.V. v. Board of Education of the City of Elizabeth, 11/29/2021, (#299-21)

OAL Dkt. No. EDU 05323-21
Agency Dkt. No. 93-6/21
New Jersey Commissioner of Education
Decision
S.P., on behalf of minor children, J.P. and K.P.,
Petitioner,
v.
Board of Education of the City of Elizabeth, Union
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. Upon review, the Commissioner agrees 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
of the OAL is adopted as the final decision in this matter for the reasons expressed therein, and the
petition is hereby dismissed.
IT IS SO ORDERED. 1
ACTING COMMISSIONER OF EDUCATION
Date of Decision:
Date of Mailing:
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.
299-21
November 29, 2021
November 30, 2021

New Jersey is an Equal Opportunity Employer
State of New Jersey
OFFICE OF ADMINISTRATIVE LAW
INITIAL DECISION
DISMISSAL
OAL DKT. NO. EDU 05323-21
AGENCY DKT. NO. 93-6/21
S.P. ON BEHALF OF MINOR CHILDREN,
J.P. AND K.P.,
Petitioner,
v.
BOARD OF EDUCATION OF THE CITY OF
ELIZABETH, UNION COUNTY,
Respondent.
_______________________________________
S.P. on behalf of minor children J.P. and K.P., pro se
Christina M. DiPalo, Esq., for respondent, Elizabeth Board of Education (LaCorte,
Bundy, Varady & Kinsella, attorneys)
Record Closed: October 13, 2021 	Decided: October 20, 2021
BEFORE ELISSA MIZZONE TESTA, ALJ:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY
On June 22, 2021, the above captioned matter was transmitted to the Office of
Administrative Law (OAL) for a hearing as a contested case pursuant to N.J.A.C. 52:14B-
1 to -15 and N.J.S.A. 52:14F-1 to -13.

OAL DKT. NO. EDU 05323-21
2
On August 9, 2021, a telephone conference was held with the petitioner, S.P. on
behalf of minor children, J.P. and K.P. (hereinafter, “Petitioner”) and Christina M. DiPalo,
counsel for the Board of Education of the City of Elizabeth, Union County (hereinafter,
“Respondent” or “District”). 	At said time, counsel for respondent confirmed that the
District has determined that the petitioner’s minor children, J.P. and K.P. would be
permitted to remain students in the Elizabeth Public Schools and thus were withdrawing
its counterclaim for tuition. Petitioner was instructed to send to the undersigned a letter
withdrawing her petition because it was moot.
On August 10, 2021, respondent submitted an email withdrawing its counterclaim.
To date, petitioner has failed to submit a letter or email withdrawing her petition even after
repeated attempts to contact petitioner by my chambers and counsel for respondent. On
October 13, 2021, respondent submitted a Certification setting forth the basis of the
withdrawal of the petition and counterclaim. 	See Attached. 	In light of same, it is
concluded that this matter is moot and should be DISMISSED.
ORDER
It is therefore ORDERED that this matter is hereby DISMISSED.
I hereby FILE this 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.

OAL DKT. NO. EDU 05323-21
3
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.
DATE 	ELISSA MIZZONE TESTA, ALJ
Date Received at Agency: 	October 20, 2021
Date Mailed to Parties: 	October 20, 2021
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