B.P., on behalf of minor child, N.P. V. BOARD OF EDUCATION OF THE TOWNSHIP OF BURLINGTON, BURLINGTON COUNTY, 1/28/16, (#27-16R)

#27-16R (OAL Decision: Not yet available online)
B.P., on behalf of minor child, N.P., 	:
PETITIONER, 	:
V. 	: 	COMMISSIONER OF EDUCATION
BOARD OF EDUCATION OF THE 	: 	DECISION
TOWNSHIP OF BURLINGTON,
BURLINGTON COUNTY, 	:
RESPONDENT. 	:
_______________________________________
SYNOPSIS
The Commissioner issued a decision in this residency matter on October 23, 2015, which
affirmed the Initial Decision of the OAL with respect to the finding that N.P. was not domiciled
within the school district; however, the matter was remanded to the Office of Administrative
Law for development of the record and calculation of tuition costs owed to the district for N.P.’s
period of ineligible attendance in Burlington Township schools.
On remand, the ALJ found that: subsequent to the Commissioner’s October 23, 2015 decision
remanding the matter to the OAL, the Board filed a motion for determination of the amount of
tuition due, along with an affidavit by the Board’s business administrator which clarified both
the last day of school for the 2014-2015 school year and the district’s tuition reimbursement rate;
the affidavit indicated that N.P. attended school in the district for a total of eighty-six school days
between February 2, 2015 and June, 18, 2015 – which was the last day of school; the per diem
tuition rate in Burlington Township for the period in question was $107.33 per day; and the
Commissioner is authorized to assess tuition where – as in the instant case – the evidence does
not support the claims of the resident. 	Accordingly, the ALJ ordered that the respondent is
entitled to reimbursement from the petitioner in the amount of $ 9,230.38.
Upon review, the Commissioner concurred with the ALJ’s findings and conclusions, and adopted
the Initial Decision on remand as the final decision in this matter. Accordingly, B.P. shall
reimburse the Board $9,230.38 in tuition costs for N.P.’s ineligible attendance in the Burlington
Township School District from February 2, 2015 through June 18, 2015.
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.
January 28, 2016

1
OAL DKT. NO. EDU 17253-15
(EDU 8697-15 ON REMAND)
AGENCY DKT. NO. 119-5/15
B.P., on behalf of minor child, N.P., 	:
PETITIONER, 	:
V. 	: 	COMMISSIONER OF EDUCATION
BOARD OF EDUCATION OF THE 	: 	DECISION
TOWNSHIP OF BURLINGTON,
BURLINGTON COUNTY, 	:
RESPONDENT. 	:
_______________________________________
The record of this residency matter – which was remanded to the Office of
Administrative Law in October 2015 for calculation of tuition costs owed to the school district --
and the Administrative Law Judge’s Initial Decision on remand have been reviewed. The parties
did not file exceptions to the Initial Decision.
Upon such review, the Commissioner adopts the Initial Decision as the final
decision for the reasons set forth therein. Accordingly, B.P. shall reimburse the Board $9,230.38
in tuition costs for N.P.’s ineligible attendance in the District from February 2, 2015 to
June 18, 2015.
IT IS SO ORDERED.*
COMMISSIONER OF EDUCATION
Date of Decision: 	January 28, 2016
Date of Mailing: 	January 28, 2016
* 	This decision may be appealed to the Appellate Division of the Superior Court pursuant to P.L. 2008, c. 36.
(N.J.S.A. 18A:6-9.1).