BOARD OF EDUCATION OF THE WALLKILL VALLEY REGIONAL HIGH SCHOOL DISTRICT, SUSSEX COUNTY V. BOARD OF EDUCATION OF THE BOROUGH OF RAMSEY, BERGEN COUNTY AND THE NEW JERSEY STATE DEPARTMENT OF EDUCATION, DIV. OF FINANCE, 6/18/03 (#297-03)

297-03
BOARD OF EDUCATION OF THE WALLKILL 	:
VALLEY REGIONAL HIGH SCHOOL
DISTRICT, SUSSEX COUNTY,
:
PETITIONER,
:
V. 	COMMISSIONER OF EDUCATION
:
BOARD OF EDUCATION OF THE BOROUGH 	DECISION
OF RAMSEY, BERGEN COUNTY AND THE 	:
NEW JERSEY STATE DEPARTMENT OF
EDUCATION, DIVISION OF FINANCE, 	:
RESPONDENTS. 	:
__________________________________________:
SYNOPSIS
Petitioning Regional High School District challenged the Departmentís determination that
petitioner was the ìdistrict of residenceî for P.P., a student placed by DYFS in a skills
development home. Petitioner asserted that respondent Board was responsible for the tuition and
transportation costs of P.P.ís educational placement.
The ALJ found that P.P. resided with and was in the physical custody of his father, D.P., in the
respondent District of Ramsey prior to his placement in the skills development facility. The ALJ
found that respondent failed to provide any proof that D.P.ís parental rights were terminated.
Thus, the ALJ determined that pursuant to statute, respondent Ramsey, the district of residence
of P.P.ís father with whom P.P. live, albeit for a matter of weeks, prior to admission to a State
facility, was the district responsible for P.P.ís educational costs. 	N.J.S.A. 18A:7B-12b and
N.J.A.C. 6A:23-5.2(1) and (2).
The Deputy Commissioner adopted the findings and determination in the Initial Decision as his
own.
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.
June 18, 2003

17
OAL DKT. NO. EDU 10198-00
AGENCY DKT. NO. 384-10/00
BOARD OF EDUCATION OF THE WALLKILL 	:
VALLEY REGIONAL HIGH SCHOOL
DISTRICT, SUSSEX COUNTY,
:
PETITIONER,
:
V. 	COMMISSIONER OF EDUCATION
:
BOARD OF EDUCATION OF THE BOROUGH 	DECISION
OF RAMSEY, BERGEN COUNTY AND THE 	:
NEW JERSEY STATE DEPARTMENT OF
EDUCATION, DIVISION OF FINANCE, 	:
RESPONDENTS. 	:
__________________________________________:
The record of this matter and the Initial Decision of the Office of Administrative
Law have been reviewed. Exceptions were submitted by Respondent Board of Education of the
Borough of Ramsey (hereinafter, ìRamseyî); a reply thereto was filed by petitioner in
accordance with N.J.A.C. 1:1-18.4.
Ramseyís 	exceptions 	acknowledge 	that 	the 	issue 	herein 	is 	whether 	it, 	or
petitioner, the Board of Education of the Wallkill Valley Regional High School District, is the
ìdistrict of residenceî for P.P. who has been placed by DYFS in a skills development home from
June 5, 1998 to the present, pursuant to N.J.S.A. 18A:7B-12(b) and N.J.A.C. 6A:23-5.2(a)(1) and
(2). (Ramseyís Exceptions at 3) Ramsey maintains that P.P.ís placement with his father, D.P.,
for approximately six weeks was merely a temporary arrangement, upon his fatherís option, to
avoid having to place P.P. in foster care. 	(Id. at 4) Ramsey also contends that D.P. never
obtained custody of P.P., notwithstanding his stated intent and, therefore, concludes:

18
[W]hile the [Administrative Law Judge] A.L.J. determined that
P.P.ís father assumed physical custody of P.P. on March 30, 1998
when P.P. was placed in his home ***, such custody ended
immediately on June 5, 1998 upon P.P.ís departure from his
fatherís home. 	Indeed, the fact that DYFS unilaterally removed
P.P. from his fatherís home upon his fatherís request to do so
irrefutably proves that DYFS had legal custody of P.P. throughout
his temporary residence in Ramsey. 	Otherwise, DYFS could not
have removed P.P. from his fatherís home absent a showing of
neglect or abuse.*** (citation omitted) (Id. at 5)
Ramsey maintains that the phrase ìdistrict of residenceî 	assumes an intent for a permanent
residence and cites Bd. of Ed. of Summit v. Bd. of Ed. of Twp. of Millburn, 95 N.J.A.R.2d (EDU)
506 to advance its argument, notwithstanding that this case involves the application of N.J.S.A.
18A:38-1 et seq., rather than N.J.S.A. 18A:7B-12. (Id. at 7-8)
Ramsey next asserts ìthat principles of equity require that, when a student resides
temporarily in a district with a parent who is not vested with any legal custody, a ëdistrict of
residenceí cannot be established.î (Id. at 9) Here, the parties do not dispute that P.P.ís mother
had sole legal and physical custody through March 29, 1998, and that P.P. lived with her for
approximately eight years in the boundaries of Wallkill. Thus, Ramsey reasons:
Simply because P.P.ís father agreed to temporarily have P.P. live
with him in Ramsey rather than reside with a foster family should
not compel Ramsey to bear the educational costs for P.P. through
his twenty-first birthday. In other words, a temporary six (6) week
placement should not be allowed to override the eight (8) year
history of residence established by P.P.ís mother in Wallkill. ***
While the A.L.J. concluded that the address of P.P.ís mother is
either unknown *** or out-of-state ***, responsibility should not
revert to P.P.ís father as the default ìdistrict of residenceî simply
because P.P. lived with him briefly prior to attending the skill
development home.*** (Id. at 10)

19
Ramsey, therefore, urges the Commissioner to reverse the ALJís decision and find that petitioner
is P.P.ís ìdistrict of residence.î
In reply, petitioner notes that the Initial Decision correctly disposes of Ramseyís
contention that D.P.ís parental rights had been terminated and, therefore, the underpinning of the
Departmentís determination was, in fact, faulty. (Petitionerís Reply at 4-5) Additionally,
petitioner argues that the ALJ correctly interpreted the applicable statutes and regulations
governing a ìdistrict of residenceî determination for school funding purposes because ì[t]he
pertinent statutes do not speak in terms of domicile, or custody, or permanency.î (Id. at 6) For
this reason, petitioner asserts that Ramsey improperly relies on the decision in Summit, supra,
which, as the ALJ noted, does not analyze the provisions of N.J.S.A. 18A:7B-12. 	Finally,
petitioner urges the Commissioner to reject Ramseyís equitable arguments as ìbaseless,î
inasmuch as it is not supported by the facts on record. (Id. at 7)
Upon careful and independent review of the record in this matter, the Deputy
Commissioner, to whom this matter has been delegated for review pursuant to N.J.S.A. 18A:4-
33, concurs with the ALJ that petitioner has proven that the Respondent Departmentís
determination of residence for funding purposes cannot be sustained, where petitioner has duly
demonstrated that Ramsey is the present district of residence of P.P.ís father,1 with whom P.P.
lived, albeit for a matter of weeks, prior to P.P.ís most recent admission to a State facility upon
his placement by DYFS therein in June of 1998. See, N.J.S.A. 18A:7B-12b and N.J.A.C. 6A:23-
1 Indeed, the parties do not dispute that P.P.ís father has, at all times, resided in Ramsey. (Initial Decision at 4)

20
5.2(1) and (2).2
Accordingly, the Initial Decision of the ALJ is adopted for the reasons set forth
therein.
IT IS SO ORDERED. 3
DEPUTYCOMMISSIONER OF EDUCATION
Date of Decision: 	June 18, 2003
Date of Mailing: 	June 19, 2003
2 In so concluding, the Commissioner is not persuaded by Ramseyís reliance on the decision in Summit, supra, for
support of its contention that legal custody is essential to a ìdistrict of residenceî determination under N.J.S.A.
18A:7B-12(b). To the extent an analysis pursuant to N.J.S.A. 18A:38-1 is even relevant herein, the Commissioner
notes that, subsequent to the issuance of Summit, the State Board of Education adopted regulations that render
inconsequential whether a parent has legal custody of a child in those instances where parents are domiciled in
different districts and a local board must determine whether the student is entitled to attend school in the district
pursuant to N.J.S.A. 18A:38-1(a) through (e). N.J.A.C. 6A:28-2.4(a)1ii.
3 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.