J.J., on Behalf of Minor Child, C.J. V. Board of Education of the Manchester Regional High School District, Passaic County, 3/6/19, (#59-19)

59-19
New Jersey Commissioner of Education
Final Decision
J.J., on behalf of minor child, C.J.,
Petitioner,
v.
Board 	of 	Education 	of 	the 	Manchester
Regional High School District, Passaic County,
Respondent.
Synopsis
Petitioner filed a pro se residency appeal on behalf of her child, seeking a determination that C.J.
is entitled to a free public education in the Manchester Regional High School District. Petitioner
contended that she and her daughter are domiciled within the respondent’s school district, but
that C.J. had filled out a form relating to school bus pickup that used the address of one of
petitioner’s other properties located in Paterson, NJ. 	The Board filed an answer stating that it
had acted in accordance with the law in determining that C.J. was not eligible for a free public
education in its school district. The matter was transmitted to the Office of Administrative Law
(OAL) as a contested case and a hearing was scheduled.
The ALJ found that: prior to the scheduled hearing date, petitioner sent correspondence stating
that she had provided the school district with all of the required paperwork requested by the
Board; petitioner also stated that she would like to close the case; 	the respondent Board
subsequently advised the OAL that it will not seek tuition for C.J.’s attendance unless her
residency circumstances change. 	Accordingly, the ALJ concluded that this is no longer a
contested case before the OAL, and dismissed the matter.
Upon review, the Commissioner concurred with the findings and conclusions of the ALJ, and
adopted the Initial Decision of the OAL as the final decision in this matter.
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.
March 6, 2019

OAL Dkt. No. EDU 17954-18
Agency Dkt. No. 269-11/18
New Jersey Commissioner of Education
Final Decision
J.J., on behalf of minor child, C.J.,
Petitioner,
v.
Board of Education of the Manchester Regional
High School District, Passaic County,
Respondent.
The record of this matter and the Initial Decision of the Office of Administrative
Law have been reviewed. 	The parties did not file exceptions to the Initial Decision. 	In this
matter, the petitioner is challenging the Manchester Regional Board of Education’s determination
that C.J. was not eligible to attend school in the District.
Upon review, the Commissioner concurs with the Administrative Law Judge
(ALJ) – for the reasons stated in the Initial Decision – that the petition of appeal should be
dismissed. 	Accordingly, the recommended decision of the ALJ is adopted for the reasons
expressed therein.
IT IS SO ORDERED.1
COMMISSIONER OF EDUCATION
Date of Decision: 	March 6, 2019
Date of Mailing: 	March 6, 2019
1 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).

New Jersey is an Equal Opportunity Employer
State of New Jersey
OFFICE OF ADMINISTRATIVE LAW
INITIAL DECISION
DISMISSAL
OAL DKT. NO. EDU 17954-18
AGENCY DKT. NO. 269-11/18
J.J. ON BEHALF OF C.J.,
Petitioner,
v.
MANCHESTER 	REGIONAL 	HIGH 	SCHOOL
DISTRICT BOARD OF EDUCATION, PASSAIC
COUNTY,
Respondent.
______________________________________
J.J., petitioner, pro se
Rodney T. Hara, Esq. for respondent (Fogarty & Hara, attorneys)
Record Closed: January 25, 2019 	Decided: January 28, 2019
BEFORE JOANN LASALA CANDIDO, ALAJ:
STATEMENT OF THE CASE
Petitioner, J.J., filed a residency appeal on behalf of her child, C.J. 	Shortly
thereafter the Board of Education of the Manchester Regional High School District

OAL DKT. NO. EDU 17954-18
2
(Respondent) filed an Answer with the State Department of Education. The matter was
transmitted to the Office of Administrative Law (OAL) on December 10, 2018, for
determination as a contested case pursuant to N.J.S.A. 52:14F-1 to -13. A hearing was
scheduled for April 3, 2018. 	Prior to the hearing date petitioner sent correspondence
stating that C.J. has never missed a day and that she sent the required paperwork
respondent requested. 	She also stated that she would like to close the case. On
January 25, 2019, respondent sent correspondence stating that it will not seek tuition for
C.J.’s 	attendance, 	unless 	the 	circumstances 	involving 	petitioners’ 	residency
subsequently changes. Said correspondence is attached hereto for reference.
Based on the foregoing, I CONCLUDE that this matter is no longer a contested
case before the Office of Administrative Law. 	It is therefore ORDERED that this matter
be and 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 17954-18
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.
January 28, 2019
DATE 	JOANN LASALA CANDIDO, ALAJ
Date Received at Agency: 	January 28, 2019
Date Mailed to Parties:
ljb