K.S., on behalf of minor child, K.S. v. Board of Education of the City of Union City, Hudson County, 3/23/2023, (#80-23)

80-23
New Jersey Commissioner of Education
Final Decision
K.S., on behalf of minor child, K.S.,
Petitioner,
v.
Board of Education of the City of Union City,
Hudson County,
Respondent.
Synopsis
Petitioner filed a pro se petition challenging the determination of the respondent Board that his minor
child, K.S., was not eligible to receive a free public education in respondent’s school district. Petitioner
asserted that he and his son were residing with a family friend in Union City while the child’s mother,
who lives in Jersey City, was having personal issues. K.S. does not have a custody order for his son. The
Board contends that K.S. was unable to provide sufficient proof of residency in the District, and filed a
counterclaim for tuition for the period from the beginning of the 2022-23 school year through
January 31, 2023.
The ALJ found, inter alia, that: pursuant to N.J.S.A. 18A:38-1, public schools are free to any person over
five and under twenty five years of age who is domiciled within the school district; 	pursuant to
N.J.A.C. 6A:22-6.2., if a student does not have a right to attend the school district, the Commissioner
may assess tuition; in this case, the Board sent Notice of Final Determination of Ineligibility to the minor
child’s mother on November 1, 2022; the Board received an appeal of this determination on
November 21, 2022, filed by K.S., the father of K.S.; petitioner supplied no compelling proof of domicile
in Union City despite requests to produce required documentation of residency from the beginning of
the school year until January 31, 2023; documents submitted as proof of residency included unsigned
lease agreements, a student registration with the child’s mother listed at the Union City address but
with a Jersey City driver’s license, and two utility bills with the exact same information but one with the
mother’s name and the other with another student’s parent’s name; no custody order for either parent
was presented. The ALJ concluded that K.S. was not domiciled in Union City during the time period at
issue; therefore, his son was not eligible to attend school in the District. Accordingly, the ALJ ordered
petitioner to pay the Board tuition in the amount of $10, 516.52 for the period of K.S.’s ineligible
attendance from September 6, 2022 through January 31, 2023.
Upon review, the Commissioner concurred with the ALJ that petitioner failed to sustain his burden of
establishing that he was domiciled in Union City during the time period at issue here. Accordingly, the
Initial Decision of the OAL was adopted as the final decision in this matter, with modification with
respect to the final tuition calculation. Petitioner was directed to reimburse the Board in the amount of
$11,202.38 for tuition costs incurred during the time period in which K.S. was ineligible to attend school
in Union City. The petition was dismissed.
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.

1
OAL Dkt. No. EDU 11086-22
Agency Dkt. No. 321-11/22
New Jersey Commissioner of Education
Final Decision
K.S., on behalf of minor child, K.S.,
Petitioner,
v.
Board of Education of the City of Union City,
Hudson County,
Respondent.
The record of this matter and the Initial Decision of the Office of Administrative Law (OAL) have
been reviewed, as have the exceptions filed by the Board pursuant to N.J.A.C. 1:1-18.4. The petitioner
did not file a reply.1
In this residency matter, the Administrative Law Judge (ALJ) found that the Board met its burden
of demonstrating that petitioner was not domiciled in Union City from the beginning of the 2022-23
school year through January 31, 2023, and the minor child was therefore not entitled to a free education
in the District during that time.2 The ALJ further found that the Board is entitled to tuition
reimbursement in the amount of $114.31 per day for 92 school days, from September 6, 2022 through
January 31, 2023, totaling $10,516.52.
In its exceptions, the Board requests that the Commissioner include an extra six days of tuition
in the final calculation of tuition reimbursement, representing the number of days from January 31,
2023, until the minor child was removed from the district.3
1 The Commissioner was not provided with a transcript of the January 30, 2023 hearing.
2 The Commissioner notes that, pursuant to N.J.S.A. 18A:38-1b and N.J.A.C. 6A:22-6.2, the burden of proof falls on
the petitioner, not the Board.
3 The Board also requests two modifications: (1) indicating that petitioner’s utility bill was identical to that of
another student, rather than to another bill of petitioner’s; and (2) finding that the lease provided to the Board
80-23

2
Upon review, the Commissioner concludes that petitioner failed to sustain his burden of
establishing that he was a domiciliary of Union City from the beginning of the 2022-23 school year
through January 31, 2023. As such, the Commissioner finds that the minor child was not entitled to a
free public education in the District’s schools during that time.
Pursuant to N.J.S.A. 18A:38-1b, the Commissioner shall assess tuition against petitioner for the
time period during which the minor child was ineligible to attend school in Union City. Therefore, the
Board is entitled to tuition reimbursement in the amount of $11,202.38, representing 92 school days
from the beginning of the 2022-23 school year through January 31, 2023, at $114.31 per day, plus an
additional 6 days until the child was disenrolled from the District.
Accordingly, the Initial Decision of the OAL is modified with respect to the final tuition
calculation. Petitioner is directed to reimburse the Board in the amount of $11,202.38 for tuition costs
incurred during the time period in which K.S. was ineligible to attend school in Union City. The petition
of appeal is hereby dismissed.
IT IS SO ORDERED.4
ACTING COMMISSIONER OF EDUCATION
Date of Decision:
Date of Mailing:
was the child’s mother’s and not his father’s. The Commissioner notes that while these requested modifications
may be accurate, they are minor details that are not pertinent to the final outcome of this case.
4 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.
March 23, 2023
March 24, 2023

New Jersey is an Equal Opportunity Employer
State of New Jersey
OFFICE OF ADMINISTRATIVE LAW
INITIAL DECISION
OAL DKT. NO. EDU 11086-22
AGENCY DKT. NO. 321-11/22
K.S. ON BEHALF OF MINOR CHILD K.S.,
Petitioner,
v.
BOARD OF EDUCATION OF THE CITY OF
UNION CITY, HUDSON COUNTY,
Respondent.
____________________________________
K.S., petitioner appearing pro se
Susanne Lavelle, Esq. appearing on behalf of respondent.
Record Closed: February 1, 2023 	Decided: February 8, 2023
BEFORE: JOANN LASALA CANDIDO, ALAJ
Petitioner K.S. challenges the residency determination made by the Union City
Board of Education (“Board”) regarding the minor child K.S. asserting they were not
domiciled within the Union City School District. 	Respondent’s demand included a
request that the Commissioner dismiss the petition, that the child be removed from the
district, and that the petitioner be assessed a tuition charge for ninety-two days of K.S.,
Jr.’s ineligible attendance in the Board’s schools.

OAL DKT. NO. EDU 11086-22
2
The 	matter 	was 	transmitted 	to 	the 	Office 	of 	Administrative 	Law 	(OAL) 	on
December 12, 2022, for resolution as a contested case pursuant to N.J.S.A. 52:14B-1 to
-15 and N.J.S.A. to -13. 	A hearing was held on January 30, 2023, and the record
closed on February 1, 2023, upon receipt of the school calendar.
The issues in this matter are whether K.S. Jr. is eligible to attend respondent’s
public schools free of charge in accordance with N.J.S.A. 18A: 38-1 and, if not, whether
respondent’s requests for tuition reimbursement and for disenrollment of K.S., Jr. should
be granted.
In support of its claim for tuition, the Board produced evidence in the form of
testimony from School Superintendent Silvia Abbato. She testified regarding the results
of the investigation supporting the finding that K.S. Jr., is domiciled out-of-district, but
continued to attend public schools in the school district for a total of ninety-two days
(one holiday). The school year began on September 6, 2022, with nineteen days of
attendance for that month, October for twenty days, November for eighteen days and
for December seventeen days and for January 2023, students attended school for
nineteen days.
Abbato received information in August 2022 anonymously, regarding a residency
issue with students on the Union City football team. 	Abbato directed the Board’s
counsel to begin an investigation. 	Counsel reviewed the files of the name of students
that transferred into the District that year. 	When reviewing K.S. Jr. file she found it
contained two different addresses, leases were unsigned by the landlord and two utility
bills submitted were identical in all respects, but the addresses and owners name were
different. K.S. was not aware of the utility bills submitted. 	Mother of K.S., Jr. presented
a driver’s license with the student registration that reflects a Jersey City address.
The Board sent the Notice of Initial Determination of Ineligibility to the mother of
K.S., Jr on October 18, 2022. 	The Board did not receive a response. 	The Board sent
the Notice of Final Determination of Ineligibility to the mother of K.S., Jr on November 1,

OAL DKT. NO. EDU 11086-22
3
2022. The Board received an appeal of this determination on November 21, 2022, filed
by K.S., the father of K.S., Jr. K.S. filed the appeal with a Jersey City address. (R-8)
K.S. wrote on the appeal that a family friend offered to have his son stay with him at the
Union City address while his son’s mother was having personal issues. 	On December
21, 2022, family friend Omar Colon provided a document that both K.S. and his son are
residing with him since August 15, 2022. 	The lease provided of Colon’s apartment
reflects father and son reside in Colon’s apartment since May 1, 2022.
K.S. provided an updated utility bill that reflects the Union City address from
December 20, 2022 to January 6, 2023. K.S. also changed his driver’s license address
to the Union City address effective December 20, 2022.
Dr. Anthony Dragona, school business administrator with the Union City school
district, provided tuition calculation rate for the 2022-2023 school year by grade level.
(R-13) The annual estimated tuition rate for students grade nine through twelve is $20,
576.00. 	The per diem estimated rate for the same grades is $114.31 per day of
attendance.
K.S. does not have a custody Order for K.S., Jr. 	He is employed part-time with
Sam’s Club. 	Prior to residing in his friend Omar Colon’s three bedroom apartment in
Union City, he resided at his mother’s home. 	K.S. was not able to show proof at the
time of his appeal that he resided at the Union City apartment. 	Both the change of
license and the utility bill reflects the Union City address effective in December 2022.
N.J.S.A. 18A:38-1 provides that public schools shall be free to the following persons
over five and under 20 years of age:
1. 	Any person who is domiciled within the school district;
b. (1) Any person who is kept in the home of another person domiciled within the
school district and is supported by such other person gratis as if he were
such other person's own child, upon filing by such other person with the
secretary of the board of education of the district, if so required by the
board, a sworn statement that he is domiciled within the district and is

OAL DKT. NO. EDU 11086-22
4
supporting the child gratis and will assume all personal obligations for the
child relative to school requirements and that he intends so to keep and
support the child gratuitously for a longer time than merely through the
school term, and a copy of his lease if a tenant, or a sworn statement by
his landlord acknowledging his tenancy if residing as a tenant without a
written lease, and upon filing by the child's parent or guardian with the
secretary of the board of education a sworn statement that he is not
capable of supporting or providing care for the child due to a family or
economic hardship and that the child is not residing with the resident of
the district solely for the purpose of receiving a free public education within
the district. The statement shall be accompanied by documentation to
support the validity of the sworn statements, information from or about
which shall be supplied only to the board and only to the extent that it
directly pertains to the support or nonsupport of the child. If in the
judgment of the board of education the evidence does not support the
validity of the claim by the resident, the board may deny admission to the
child. The resident may contest the board's decision to the commissioner
within 21 days of the date of the decision and shall be entitled to an
expedited hearing before the commissioner on the validity of the claim and
shall have the burden of proof by a preponderance of the evidence that
the child is eligible for a free education under the criteria listed in this
subsection. The board of education shall, at the time of its decision, notify
the resident in writing of his right to contest the board's decision to the
commissioner within 21 days. No child shall be denied admission during
the pendency of the proceedings before the commissioner. In the event
the child is currently enrolled in the district, the student shall not be
removed from school during the 21-day period in which the resident may
contest the board's decision nor during the pendency of the proceedings
before the commissioner. If in the judgment of the commissioner the
evidence does not support the claim of the resident, he shall assess the
resident tuition for the student prorated to the time of the student's
ineligible attendance in the school district. Tuition shall be computed on
the basis of 1/180 of the total annual per pupil cost to the local district
multiplied by the number of days of ineligible attendance and shall be
collected in the manner in which orders of the commissioner are enforced.
Nothing shall preclude a board from collecting tuition from the resident,
parent or guardian for a student's period of ineligible attendance in the
schools 	of 	the 	district 	where 	the 	issue 	is 	not 	appealed 	to 	the
commissioner.
In the instant matter, Respondent notified the mother of K.S., Jr. of the residency
ineligibility by Final Notice dated November 1, 2022. 	Neither parent has provided
sufficient proof that they have been residing at the Union City address since the start of
the 	2022-2023 	school 	year. 	The 	documents 	submitted 	show 	unsigned 	lease

OAL DKT. NO. EDU 11086-22
5
agreements, a student registration with the child’s mother listed at the Union City
address but with a Jersey City driver’s license, two attached utility bills with the exact
same information but one with the mother’s name and the other with another student’s
parent’s name, nor was a custody Order for either parent presented.
Based on the foregoing, I CONCLUDE that the respondent has met its burden
under N.J.S.A. 18A:38 b (2) that K.S. Jr. 	was not domiciled in Union City for the dates
reflected and therefore is not entitled to a free education in the Union City school
district.
N.J.A.C. 6A:22-6.3 states in pertinent part: a) Tuition assessed pursuant to this
section shall be calculated on a per-student basis for the period of a student's ineligible
enrollment, up to one year, by applicable grade/program category and consistent with
the 	provisions 	of 	N.J.A.C. 	6A:23A-17.1. 	The 	individual 	student's 	record 	of 	daily
attendance shall not affect the calculation.
Pursuant to N.J.S.A. 18A:38-1b, the Commissioner shall assess tuition against
petitioner for the time during which the minor child was ineligible to attend school in
Union 	City. 	Therefore, 	I 	further 	CONCLUDE 	the 	Board 	is 	entitled 	to 	tuition
reimbursement in the amount of $10, 516.52 ($114.31 per day for 92 days) for the time
period from September 6, 2022 through January 31, 2023, during which time petitioner’s
minor child was ineligible to attend school in respondent’s district.
ORDER
Based on the foregoing, it is hereby ORDERED that respondent's determination
that K.S., Jr. is not a resident and domiciliary in Union City, New Jersey, and was not
domiciled within its school district during the period being sought, is hereby AFFIRMED.
It is further ORDERED that respondent is entitled to reimbursement from petitioner for
the cost of audited tuition in the amount of $10,516.52.
I 	hereby 	FILE 	this 	initial 	decision 	with 	the 	COMMISSIONER 	OF 	THE
DEPARTMENT OF EDUCATION for consideration.

OAL DKT. NO. EDU 11086-22
6
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, 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.
February 8, 2023
DATE 	JOANN LASALA CANDIDO, ALAJ
Date Received at Agency: 	February 8, 2023
Date Mailed to Parties: 	February 8, 2023
ljb

OAL DKT. NO. EDU 11086-22
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EXHIBITS
R-1 	Registration form for Khalil Sutton Jr. dated July 25, 2022
R-2. 	Standard Form of Apartment Lease between Omar Colon Landlord and
Shaquana Forester (unsigned by Landlord).
R-3 	New Jersey Driver’s License for Shaquana Forester
R-4 	PSEG Account in Name of Shaquana Forester for service address 4711
Park Ave. 1R, Union City.
R-5 	PSEG Account in Name of Shanika Finely (mother of Student K.R.) for
Service address 500 Central Avenue, Apt 810, Union City.
R-6 	October 18, 2022 Notice of Initial Ineligibility
R-7 	November 1, 2022 Notice of Final Ineligibility
R-8 	November 21, 2022 Pro Se Residency Appeal filed by Khalil Sutton Sr.
and November 22, 2022 Department of Education Acknowledgement of
Receipt of Appeal.
R-9 	12/21/2022 Notarized Letter of Omar Colon
R-10 	PSEG Bill for Sutton, 4711 Park Avenue, Fl.1R, Union City, Acct. No.
7658866903.
R-11 	NJMVC Change of Address Acknowledgment for Khalil Sutton
R-12 	Affidavit of Robert Hovan, Roberts & Associates (private investigator) with
Exhibits A-B (Deed for 4711 Park Avenue, Union City; Photograph of 882
Pavonia Avenue, Jersey City directory.)
R-13 	Excerpts of UCBOE Budget for SY 22/23 (for Per Diem Student Tuition
Cost).