N.D., on behalf of minor children, N.D.-T., C.D.-T., and C.D. v. Board of Education of the Township of Union, Union County, 11/4/2024, (#407-24)

407-24
New Jersey Commissioner of Education
Final Decision
N.D., on behalf of minor children, N.D-T., C.D-T.,
and C.D.,
Petitioner,
v.
Board of Education of the Township of Union,
Union County,
Respondent.
Synopsis
Petitioner filed a pro se petition challenging the determination of the respondent Board that her minor
children were not eligible to receive a free public education in respondent’s school district during the
2023-2024 and 2024-2025 school years. The Board sought reimbursement of tuition from petitioner,
asserting that petitioner was not domiciled within Union Township during the relevant time period.
Petitioner failed to appear at the September 20, 2024 hearing in this matter; the hearing proceeded on
an ex parte basis to allow the Board to present its evidence. The record closed on September 24, 2024,
following the Board’s certification of per diem tuition costs for the period of the ineligible attendance.
The ALJ found, inter alia, that: pursuant to N.J.S.A. 18A:38-1, public schools are free to any persons over
five and under twenty five years of age who are 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 for the period of ineligible attendance; in this case, petitioner did not appear at the
scheduled hearing in this matter and failed to prove that she was domiciled in Union Township during
the time period in question. 	The ALJ concluded that since N.D. and her minor children were not
domiciled within the District during the 2023–2024 and 2024-2025 school years, they are not entitled to
a free public education there; accordingly, the ALJ granted the Board’s counterclaim for tuition
reimbursement, retroactive from September 5, 2023, to September 27, 2024, in the amount of
$29,564.32 for 2023-2024 for N.D.-T, C.D.-T., and C.D., and for the 2024-2025 school year in the amount
of $914.44 for C.D.-T. and C.D.
Upon review, the Commissioner concurred with the ALJ’s findings and conclusions and adopted the
Initial Decision of the OAL as the final decision in this matter, with modification to the ALJ’s breakdown
of tuition costs for the 2023-2024 school year. Petitioner owes the Board tuition in the total amount of
$30,478.76 for the 2023-2024 and 2024-2025 school years when her three children were ineligible to
attend school in the District. The petition of appeal 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.

407-24
OAL Dkt. No. EDU 08758-24
Agency Dkt. No. 136-5/24
New Jersey Commissioner of Education
Final Decision
N.D. on behalf of minor children, N.D-T., C.D-T.,
and C.D.,
Petitioner,
v.
Board of Education of the Township of Union,
Union County,
Respondent.
The record of this matter and the Initial Decision of the Office of Administrative Law (OAL)
have been reviewed and considered.1
Upon review, the Commissioner concurs with the Administrative Law Judge’s (ALJ) finding
that petitioner was not domiciled in Union (District) during the 2023-2024 and 2024-2025 school
years. The Commissioner further concurs with the ALJ’s conclusion that N.D.-T, C.D.-T., and C.D.,
were therefore not entitled to a free public education in the District 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 children were ineligible to attend school in the District. Upon
review, the Commissioner agrees with the ALJ that the Board is entitled to a tuition reimbursement
1 Petitioner emailed the Office of Controversies and Disputes on October 17, 2024, indicating that her
children now attend private school and contending that she does not owe the Board anything. Petitioner
also attached a copy of a lease. Petitioner did not copy the Board or the ALJ on her email. To the extent
that this submission could be considered exceptions, it is untimely and does not comply with the service
requirements of N.J.A.C. 1:1-18.4(a). Therefore, it was not considered.

2
of $29,564.32 for the 2023-2024 school year. However, the Commissioner disagrees with the ALJ’s
breakdown of costs, which appears to contain minor typographical errors. The ALJ mistakenly lists
the cost for N.D.-T. as $9,926.83, but the correct amount is $9,912.83. The ALJ correctly lists the cost
for C.D.-T. as $9,926.27. 	The ALJ mistakenly lists the cost for C.D. as $9,925.22, but the correct
amount is $9,725.22.2
Regarding the 2024-2025 school year, the Commissioner concurs with the ALJ’s finding that
petitioner owes the Board $914.44 for C.D.-T’s and C.D.’s ineligible attendance. The Commissioner
further concurs with the ALJ’s finding that petitioner owes the District a total of $30,478.76 for the
ineligible enrollment of N.D.-T, C.D.-T, and C.D. during the 2023-2024 and 2024-2025 school years.
Accordingly, the Initial Decision is modified with respect to the breakdown of costs for the
2023-2024 school year, and the petition of appeal is hereby dismissed.
IT IS SO ORDERED.3
ACTING COMMISSIONER OF EDUCATION
Date of Decision: 	November 4, 2024
Date of Mailing: 	November 6, 2024
2 These amounts are based on the cost per student for Grade 12, Grade 7, and Grade 6 for the 2023-2024
school year listed in the District’s Certification of Yolanda Koon, Business Administrator/Board Secretary
for the District (R-4), for 110 days of ineligible attendance.
3 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.

New Jersey is an Equal Opportunity Employer
State of New Jersey
OFFICE OF ADMINISTRATIVE LAW
INITIAL DECISION
OAL DKT. NO. EDU 08758-24
AGENCY DKT. NO. 136-5/24
N.D. ON BEHALF OF MINOR CHILDREN
N.D.-T., C.D.-T., AND C.D.,
Petitioner,
v.
BOARD OF EDUCATION OF THE TOWNSHIP
OF UNION, UNION COUNTY,
Respondent.
______________________________________
No appearance by N.D., petitioner, pro se
Sonica Dixon, Esq. for respondent (Taylor Law Group, LLC, attorneys)
Record Closed: September 23, 2024 	Decided: September 27, 2024
BEFORE: KIMBERLY K. HOLMES, ALJ:
STATEMENT OF THE CASE
Petitioner, N.D. and her minor children, N.D.-T., C.D.-T., and C.D., live together
but are not domiciled within the school district of Union, New Jersey. Is petitioner entitled
to a free public-school education in Union? No. Under N.J.S.A. 18A:38-1(a) and N.J.S.A.
6A:22-6, public school shall be free to minors who are domiciled within the school district.

OAL DKT. NO. EDU 08758-24
2
PROCEDURAL HISTORY
On April 25, 2024, the Board of Education of the Township of Union (Board)
determined that petitioner’s children, N.D.-T., C.D.-T. and C.D., were ineligible to attend
the schools in Union because petitioner was not domiciled there.
On May 13, 2024, petitioner appealed the determination, and on June 18, 2024,
the Board filed a counterclaim for tuition reimbursement.
On June 25, 2024, the Department of Education, Office of Controversies and
Disputes, transmitted the case as a contested case under the Administrative Procedure
Act, N.J.S.A. 52:14B-1 to -15, and the act establishing the OAL, N.J.S.A. 52:14F-1 to -
23.
On July 3, 2024, I was assigned this case and scheduled an initial prehearing
conference for July 19, 2024.
On August 9, 2024, and August 14, 2024, I held two additional prehearing
conferences at which time the parties agreed to exchange discovery by September 6,
2024, and appear for the hearing on September 20, 2024.
After the second prehearing conference, I scheduled the hearing and issued a
prehearing order, dated August 14, 2024, which was sent by email and regular mail to the
parties.
On September 20, 2024, N.D. failed to appear at 9:30 a.m. for the hearing. At my
direction, my judicial assistant called petitioner, but her voicemail was full. 	My judicial
assistant then emailed petitioner that the hearing would begin at 9:45 a.m. I waited until
10:00 a.m., but N.D. did not appear. Therefore, I held an ex-parte hearing and kept the
record open until respondent submitted a certification concerning the per diem tuition rate
for each of petitioner’s minor children who attended school in Union during the 2023–
2024 calendar year. 	On September 23, 2024, respondent submitted two certifications

OAL DKT. NO. EDU 08758-24
3
concerning the per diem tuition rate for each of petitioner’s children, and I closed the
record.
FINDINGS OF FACT
Based on the evidence the Board submitted and having considered its sufficiency
and the opportunity to assess the witness’ credibility, I FIND the following as FACTS:
On December 14, 2023, a lessee, “B.N.”, entered into a lease agreement with a
lessor, “W.A.” The lease was from January 1, 2024, to February 28, 2025, at 2519 Doris
Avenue, Union, NJ. 	Petitioner was not listed on the lease. 	According to an email from
W.A., the only tenant that was to be on the lease was “B.N. and her three minor children.”
(R-2.)
A water bill from New Jersey American Water, dated February 29, 2024, lists B.N.,
not N.D., as the customer at the 2519 Doris Avenue address in Union. (R-3a.)
A gas bill from Elizabethtown Gas, dated February 23, 2024, lists B.N., not N.D.,
as the customer at the exact address. (R-3b.)
A gas bill from PSE&G, dated January 17, 2024, lists B.N., not N.D., as the
customer at that address. (R-3c.)
On April 29, 2024, W.A. confirmed in an email with respondent that N.D. was not
a tenant under the lease and that B.N. would be in violation of the lease if “additional
people mov[ed] into the house without [his] written approval.” 	(R-2.) 	Indeed, W.A. did
not alter the lease to include N.D. The lease contains only B.N.’s name as the tenant for
the Union address.
The four documents N.D. submitted into evidence do not establish domicile. 	A
registration renewal was presented. (P-1.) A telephone bill from Verizon, dated “May 6,”
does not include the year. (P-2.) A change of address from DMV, dated January 7, 2024,
was given. 	(P-3.) 	A United States Postal Service change of address request lists an

OAL DKT. NO. EDU 08758-24
4
effective date of January 14, 2024, was submitted. The old address was listed as 2717
Vauxhall Road, Union, New Jersey 07083-4152. (P-4.)
For the 2023-2024 school year, the cost per student for Grade 12 was $16,221,
for Grade 6 it was $16,243, and for Grade 5 it was $15,914. (R-4.)
2023-2024 School Year – Breakdown of Costs
N.D.-T. started school on January 1, 2024, and was improperly registered in the
district for 110 days with a total tuition cost of $9,926.83.
C.D.-T. started school on January 1, 2024, and was improperly registered in the
district for 110 days with a total tuition cost of $9,926.27.
C.D. started school on January 1, 2024, and was improperly registered in the
district for 110 days with a total tuition cost of $9,925.22.
Based on a 180-day school year, the total tuition reimbursement cost of the
three minor children of N.D. was $29.564.32 for 2023-2024. (R-4.)
For the 2024-2025 school year, the cost per student for Grade 6 and Grade 7
(C.D.-T. and C.D. respectively) is $16,460 with a per diem rate of $91.44. (R-5.)
2024-2025 School Year – Breakdown of Costs
C.D.-T started school on September 5, 2024, and was improperly registered in the
district for five days with a total tuition cost of $457.22.
C.D. started school on September 5, 2024, and was improperly registered in the
district for five days with a total tuition cost of $457.22.
Based on a 180-day school year, the total tuition reimbursement cost of the
two minor children of N.D. is $914.44 for 2024-2025. (R-5.)

OAL DKT. NO. EDU 08758-24
5
The total tuition reimbursement owed by N.D. to the Board for the 2023–2024 and
2024-2025 school years is $30,478.76.
Given the discussion of the facts, I FIND that N.D. is not domiciled in Union and
tuition reimbursement is owed to the Board.
CONCLUSIONS OF LAW
Public school shall be free to a minor who is domiciled within the school district,
N.J.S.A. 18A:38-1(a); New Jersey has consistently held that the domicile of the child
follows the domicile of the parent, Shim v. Rutgers, 191 N.J. 374, 399 (2007). Moreover,
if a student does not have a right to attend the school district, the Commissioner may
assess tuition. N.J.A.C. 6A:22-6.2.
In this case, N.D.-T., C.D.-T., and C.D. were not domiciled in Union because their
mother, N.D., was not domiciled in Union.
N.J.A.C. 6A:22-6.2(a) authorizes the Commissioner of Education to assess
tuition for non-resident students prorated” to the time of the student’s ineligible attendance
in the school district.” Since N.D. and minor children, N.D.-T., C.D.-T. and C.D, were not
domiciled within the Union School District during the 2023–2024 and 2024-2025 school
years, I CONCLUDE that they are not entitled to a free public education there. 	I also
CONCLUDE 	that 	the 	Board 	is 	entitled 	to 	tuition 	reimbursement, 	retroactive 	from
September 5, 2023, to September 27, 2024, in the amounts of $29.564.32 for 2023-2024
for N.D.-T, C.D.-T., and C.D., and $914.44 for 2024-2025 for C.D.-T., and C.D.,
respectively.
ORDER
Given my findings of fact and conclusions of law, I ORDER that N.D. owes the
Board $29.564.32 for 2023-2024 for the period of N.D.-T., C.D.-T. and C.D.’s ineligibility
from September 5, 2023, through the scheduled hearing date of September 27, 2024;

OAL DKT. NO. EDU 08758-24
6
and $914.44 for C.D.-T., and C.D for the school days attended beyond the hearing date,
for the remainder of the 2024-25 school year.
I hereby FILE this initial decision with the ACTING COMMISSIONER OF THE
DEPARTMENT OF EDUCATION for consideration.
This recommended decision may be adopted, modified, or rejected by the ACTING
COMMISSIONER OF THE DEPARTMENT OF EDUCATION, who by law is authorized
to make a final decision in this matter. If the Acting 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 under 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 	ACTING
COMMISSIONER OF THE DEPARTMENT OF EDUCATION. Exceptions may be filed
by 	email 	to 	ControversiesDisputesFilings@doe.nj.gov 	or 	by 	mail 	to 	Office 	of
Controversies and Disputes, 100 Riverview Plaza, 4th Floor, PO Box 500, Trenton,
New Jersey 08625-0500. A copy of any exceptions must be sent to the judge and to the
other parties.
September 27, 2024
DATE 	KIMBERLY K. HOLMES, ALJ
Date Received at Agency: 	September 27, 2024
Date Mailed to Parties: 	September 27, 2024
lsr

OAL DKT. NO. EDU 08758-24
7
APPENDIX
WITNESSES
For Petitioner:
None
For Respondent:
Bernadette Watson, Executive Administrative Assistant
EXHIBITS
For Petitioner:
P-1 	Registration renewal
P-2 	Verizon telephone bill from Verizon, dated “May 6” without the actual year
P-3 	DMV change of address form, dated January 7, 2024
P-4 	United States Postal Service change of address, dated of January 14, 2024
For Respondent:
R-1 	Rental Lease Agreement between B.N. and W.A., dated December 14, 2023
R-2 	Emails between W.A. and the Board, dated August 29, 2024
R-3 	Utility bills of B.N. for the Union address
R-3a 	New Jersey American Water bill, dated February 29, 2024, with B.N. as the
customer at the 2519 Doris Avenue address in Union
R-3b 	Elizabethtown Gas bill, dated February 23, 2024, with B.N. as the customer at the
exact address
R-3c 	PSE&G was for a credit, dated January 17, 2024, with B.N. as the customer at that
address
R-4 	Certification 2023-2024
R-5 	Certification 2024-2025