M.P., on behalf of minor child, K.K. V. BOARD OF EDUCATION OF THE MORRIS HILLS REGIONAL SCHOOL DISTRICT, MORRIS COUNTY, 7/29/14, (#310-14)

#310-14 (OAL Decision: http://njlaw.rutgers.edu/collections/oal/html/initial/edu02805-14_1.html)
M.P. on behalf of minor child, K.K., 	:
PETITIONER, 	: 	COMMISSIONER OF EDUCATION
V. 	: 	DECISION
BOARD OF EDUCATION OF THE 	:
MORRIS HILLS REGIONAL SCHOOL
DISTRICT, MORRIS COUNTY, 	:
RESPONDENT. 	:
SYNOPSIS
On January 23, 2014, petitioner – the parent of K.K., a high school senior in respondent Board’s
school district – filed an appeal challenging the imposition of a two-day Saturday detention upon
K.K. for an incident that occurred on October 3, 2013. 	The Board filed a motion to dismiss in
lieu of an answer, citing the late filing of the petition. The Board’s motion was converted by the
ALJ to a motion for summary decision under N.J.A.C. 1:1-12.5. 	This case stems from a single
incident during which K.K. found a cell phone in a school bathroom, which had been reported
stolen the day before. K.K. was found to be in possession of the device after she discovered it,
was questioned, admitted that she considered keeping the found phone, and ultimately was
assigned a two-day Saturday suspension for violating the student code of conduct by not
immediately reporting to the office with the cell phone to turn it over to school officials.
The ALJ found, inter alia, that: there are no material facts in dispute, and the matter is ripe for
summary decision; petitioner filed his appeal pursuant to N.J.A.C. 6A:3-1.1 et seq; the time for
filing is clearly set forth at N.J.A.C. 6A:3-1.2(i), which provides that a petition before the
Commissioner must be filed no later than 90 days after receipt of notice of a final determination
by the Board; 	the petition in the instant matter should have been filed within 90 days of
October 3, 2013, the date on which the discipline was imposed. Accordingly, the ALJ concluded
that 	the 	petition 	should 	be 	dismissed 	for 	failure 	to 	comply 	with 	the 	requirements 	of
N.J.A.C. 6A:3-1.2(i).
Upon review of the record and the Initial Decision of the OAL, the Commissioner concurred
with the findings and conclusions of the ALJ. 	Accordingly, the Commissioner adopted the
Initial Decision as the final decision in this matter, for the reasons well articulated by the ALJ.
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.
July 29, 2014

OAL DKT. NO. EDU 2805-14
AGENCY DKT. NO. 10-1/14
M.P. on behalf of minor child, K.K., 	:
PETITIONER, 	: 	COMMISSIONER OF EDUCATION
V. 	: 	DECISION
BOARD OF EDUCATION OF THE 	:
MORRIS HILLS REGIONAL SCHOOL
DISTRICT, MORRIS COUNTY, 	:
RESPONDENT. 	:
Before the Commissioner is petitioner M.P.’s challenge to discipline imposed upon K.K.,
a high school senior, for an incident which occurred on October 3, 2013. Upon review of the record and
Initial Decision of the Office of Administrative Law (OAL),1 the Commissioner concurs with the finding
of the Administrative Law Judge (ALJ) that petitioner’s appeal of the discipline is untimely. Further, the
Commissioner finds that petitioner failed to show that respondent’s investigation regarding petitioner’s
allegations of harassment and bullying was defective, or that the conclusions it drew from the
investigation were arbitrary, capricious or unreasonable.
Accordingly, the Commissioner adopts the Initial Decision in its entirety – for the reasons
articulated by the ALJ.
IT IS SO ORDERED. 2
ACTING COMMISSIONER OF EDUCATION
Date of Decision: July 29, 2014
Date of Mailing: July 29, 2014
1 Neither party has filed exceptions to the Initial Decision.
2 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).