D.D., on behalf of minor children, A.D, J.D., K.D., J.D., and K.D. v. Board of Education of the Borough of Magnolia, Camden County, 1/29/25 (#28-25)

28-25
OAL Dkt. No. EDU 09070-2024 (EDU 01560-2024 on remand)
Agency Dkt. No. 18-1/24
New Jersey Commissioner of Education
Final Decision
D.D., on behalf of minor children, A.D., J.D.,
K.D., J.D., and K.D.,
Petitioner,
v.
Board of Education of the Borough of Magnolia,
Camden County,
Respondent.
The record of this matter and the Initial Decision of the Office of Administrative Law (OAL)
on remand have been reviewed and considered. The parties did not file exceptions.
This matter concerns the December 20, 2023 determination by the Magnolia Board of
Education (Board) that petitioner and his five minor children have not been domiciled in the
Borough of Magnolia since at least November 11, 2023, and the Board’s demand for payment of
tuition for the period of the children’s ineligible attendance in the district during the 2023-2024
school year.
On May 23, 2024, the Commissioner issued a Final Decision and agreed with the
Administrative Law Judge (ALJ) that the Board was entitled to tuition reimbursement from
petitioner. Accordingly, the Commissioner granted the Board’s motion for summary decision and
dismissed petitioner’s appeal. However, the record lacked information regarding the number of

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days of ineligible attendance and the Commissioner was unable to assess tuition against
petitioner at that time. 	The Commissioner remanded the matter to the OAL for further
proceedings to develop the factual record regarding the number of days of ineligible attendance
so that the tuition amount owed to the Board could be calculated.
On remand, the ALJ found that all five children were ineligible to attend school in the
district beginning on November 17, 2023, through April 21, 2024. The ALJ further found that on
April 22, 2024, the children transferred out of the district. The ALJ also found that the daily per
pupil tuition rate for the 2023-2024 school year was $104.39, which equates to a combined daily
rate of $521.95 ($104.39 x 5 children). Thus, the ALJ concluded that the total amount of tuition
owed to the Board for the children’s ineligible attendance from November 17, 2023, through
April 21, 2024, is $49,063.30 ($521.95 x 94 days).
Upon review, the Commissioner concurs with the ALJ’s findings and conclusions, except
that the Commissioner finds that there were 95 school days from November 17, 2023, through
April 21, 2024, according to the Magnolia School District 2023-2024 School Calendar (R-2).
Pursuant to N.J.A.C. 6A:22-6.2(a), if “petitioner does not sustain the burden of demonstrating the
student’s right to attend the school district, . . . the Commissioner may assess tuition for the
period during which the hearing and decision on appeal were pending, and for up to one year of
a student’s ineligible attendance in a school district prior to the appeal’s filing and including the
21-day period to file an appeal.” N.J.S.A. 18A:38-1(b) provides that the Commissioner may order
tuition “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.” Based upon a combined daily rate of

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$521.95 and 95 days of ineligible attendance for each child, the total amount of tuition owed by
petitioner to the Board is $49,585.25.
Accordingly, the Initial Decision on remand is adopted, as modified, and the Board’s claim
for tuition payment is granted. Petitioner shall pay the Board $49,585.25 for the children’s tuition
costs incurred during the 2023-2024 school year.
IT IS SO ORDERED.1
ACTING COMMISSIONER OF EDUCATION
Date of Decision: 	January 29, 2025
Date of Mailing: 	January 29, 2025
1 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.

State of New Jersey
OFFICE OF ADMINISTRATIVE LAW
INITIAL DECISION
OAL DKT. NO. EDU 09070-2024
AGENCY DKT. NO. 18-1/24
(ON REMAND EDU 01560-2024)
D.D. ON BEHALF OF MINOR CHILDREN,
A.D., J.D., K.D., J.D. AND K.D.,
Petitioner,
v.
BOARD OF EDUCATION OF THE BOROUGH
OF MAGNOLIA, CAMDEN COUNTY,
Respondent.
_________________________________
No appearance by or on behalf of the pro se petitioner, D.D.
William C. Morlock, Esq., for respondent (Gorman, D’Anella & Morlock, attorneys)
Record Closed: November 20, 2024 	Decided: December 3, 2024
BEFORE REBECCA C. LAFFERTY, ALJ:
STATEMENT OF THE CASE
Petitioner, D.D. (petitioner or D.D.), the father of minor children, A.D., J.D., K.D.,
J.D., and K.D., appealed the December 19, 2023 determination by the respondent, Board
of Education of the Borough of Magnolia, Camden County (respondent or Board), that

OAL DOCKET NO.: EDU 09070-2024
2
A.D., J.D., K.D., J.D., and K.D. were not domiciled within the Borough of Magnolia School
District (District) and that tuition reimbursement is required. The respondent alleged that
the minor children A.D., J.D., K.D., J.D., and K.D., were not residing at the address
provided by the petitioner within the District and seeks repayment of tuition.
The matter was decided by way of a motion for summary decision. 	An Initial
Decision issued by this Tribunal under OAL Docket No. EDU 01560-24, dated April 18,
2024, 	granted 	the 	respondent’s 	motion 	for 	summary 	decision 	and 	dismissed 	the
petitioner’s residency appeal. The Initial Decision was affirmed by a Final Decision of the
Commissioner of Education (Commissioner), dated May 23, 2024. 	The Commissioner
remanded the matter to the Office of Administrative Law (OAL) for further proceedings to
develop the factual record regarding the number of days of each child’s period of ineligible
attendance so that the tuition amount owed to the respondent may be calculated.
PROCEDURAL HISTORY
By letter, dated December 20, 2023, the respondent notified petitioner that A.D.,
J.D., K.D., J.D., and K.D. were ineligible to continue to attend school within the District as
they were no longer domiciled in the District. 	The petitioner filed a Pro Se Residency
Appeal on or about January 24, 2024. The respondent filed an Answer and Cross Petition
for tuition on February 1, 2024. 	The Department of Education Office of Controversies
and Disputes transmitted this matter to the OAL where it was filed on February 1, 2024,
as a contested case. N.J.S.A. 52:14B-1 to -15; N.J.S.A. 52:14F-1 to -13.
Several telephone conferences were conducted and on March 6, 2024, an email
was sent to the parties confirming the briefing schedule for a motion for summary
decision. 	The respondent filed a motion for summary decision on March 13, 2024.
Petitioner’s opposition to the summary decision motion was due on April 1, 2024, but no
opposition was received by the OAL on that date. 	A follow-up email was sent to the
parties on April 2, 2024, and a status conference was held on April 8, 2024, at which time
petitioner advised that he wished to submit a response to the respondent’s summary

OAL DOCKET NO.: EDU 09070-2024
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decision motion. 	On April 15, 2024, petitioner submitted an email in opposition to the
summary decision motion, and on that same date, counsel for the respondent notified this
Tribunal that the respondent would not be filing a reply brief. The record closed on April
15, 2024, and this Tribunal issued an Initial Decision, dated April 18, 2024. (C-1.)
No exceptions were filed to the Initial Decision and the Commissioner issued a
Final Decision, dated May 23, 2024, granting the respondent’s motion for summary
decision and dismissing the petitioner’s residency appeal. The Commissioner remanded
the matter to the OAL for further proceedings to develop the factual record regarding the
number of days of each child’s period of ineligible attendance so that the tuition amount
owed to the respondent may be calculated. (C-2.)
Telephonic conferences were held on September 4, 2024, and September 19,
2024. Respondent’s counsel appeared at both conferences; however, the petitioner did
not appear at either conference, and did not contact the Tribunal requesting any
adjournments. 	A fact-finding hearing was held on November 20, 2024, via Zoom
video/audio technology. 	The petitioner did not attend the Zoom hearing. 	Notice of the
Zoom hearing was sent to the petitioner via email and regular mail. The regular mail was
not returned. The record closed on November 20, 2024.
FACTUAL DISCUSSIONS AND FINDINGS
Summary of Relevant Testimony
Paul Sorrentino (Sorrentino), Principal, testified on behalf of the respondent.
Sorrentino stated that D.D. had five children, A.D., J.D., K.D., J.D., and K.D., enrolled in
the District for the 2023-2024 school year. 	He further stated that it was reported to him
prior to November 14, 2023, that D.D. and his five children were no longer residing in the
school district. (R-1, Certification of Paul Sorrentino, Principal.) On November 14, 2023,
he drove by the address listed for the family and noticed no window coverings, no
vehicles, and a great amount of construction trash out front of the house. 	(R-1,

OAL DOCKET NO.: EDU 09070-2024
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Certification of Paul Sorrentino, Principal.) 	Sorrentino returned on November 17, 2023,
and spoke with a construction worker who gave him the landlord’s phone number.
Sorrentino contacted the landlord and was able to confirm that D.D. and his five children
were no longer living at that address within the District. Sorrentino testified that the five
children transferred out of the District on April 22, 2024. 	Sorrentino confirmed that the
per pupil daily tuition rate for the District is $104.39 (or $521.95 per day for all five
children). (R-1, Certification of Paul Sorrentino, Principal.) The total tuition amount owed
for five children for ninety-four days is $49,063.30.
After reviewing the school calendar with counsel and this Tribunal, Mr. Sorrentino
made the following corrections to his Certification (R-2.):
1. 	The first day of ineligible attendance for A.D., J.D., K.D., J.D., and K.D. was
November 17, 2023.
2. 	The last day of ineligible attendance for A.D., J.D., K.D., J.D., and K.D. was
April 21, 2024.
3. 	There were ninety-four school days between November 17, 2023, and April
21, 2024, inclusive.
Factual Findings
I hereby incorporate the undisputed factual findings contained within the Initial
Decision, dated April 18, 2024, as if set forth more fully herein. (C-1.)
Based upon a review of the testimony and the documentary evidence presented
and having had the opportunity to observe the demeanor and assess the credibility of the
witness who testified, I FIND the following additional undisputed FACTS:

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A.D., J.D., K.D., J.D., and K.D. were not domiciled within the District from
November 17, 2023 through April 21, 2024, while attending school within the District.
There were ninety-four school days between November 17, 2023, and April 21, 2024,
inclusive. 	The daily per pupil tuition rate for the District for the 2023-2024 school year
was $104.39, which equates to a combined daily rate of $521.95 for all five children. (See
R-1, Certification of Paul Sorrentino, Principal.) The total amount of tuition owed for A.D.,
J.D., K.D., J.D., and K.D. for November 17, 2023 through April 21, 2024, is $49,063.30.
LEGAL ANALYSIS AND CONCLUSIONS
The issue on remand is the determination of the number of days of A.D., J.D.,
K.D., J.D., and K.D.’s ineligible attendance within the District during the 2023–2024
school year.
Public schools are required to provide a free education to individuals between the
ages of five and twenty years in certain circumstances, including individuals who are
domiciled within the school district. N.J.S.A. 18A:38-1(a). Domicile has been defined as
the 	place 	where 	a 	person 	has 	his 	true, 	fixed, 	permanent 	home 	and 	principal
establishment, and to which whenever he is absent, he has the intention of returning.
State v. Benny, 20 N.J. 238, 250 (1955). 	N.J.A.C. 6A:22-3.1(a)(1) provides: “A student
is domiciled in the school district when he or she is the child of a parent or guardian whose
domicile is located within the school district.” See also P.B.K. ex rel. minor child E.Y. v.
Bd. of Educ. of Tenafly, 343 N.J. Super. 419, 427 (App. Div. 2001). Thus, a child would
routinely attend school in the district where his or her parents live. The petitioner has the
burden of proof in a determination of residency eligibility. N.J.S.A. 18A:38-1(b)(2). When
a child is found to be ineligible to attend a school in its district, a school board is entitled
to recover tuition from the parent or guardian of the child found ineligible to attend within
the district. N.J.S.A. 18A:38-1(b)(2).

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A review of the record and undisputed facts reveals that A.D., J.D., K.D., J.D., and
K.D. were not domiciled within the District while attending school in the District from
November 17, 2023 through April 21, 2024, which constitutes ninety-four school days.
Based on the foregoing, I CONCLUDE that the respondent is entitled to tuition
reimbursement from petitioner for the cost of providing an education to A.D., J.D., K.D.,
J.D., and K.D. for the ninety-four days in which the five children resided outside of the
school district. 	I FURTHER CONCLUDE that the tuition reimbursement for all five
children from November 17, 2023 through April 21, 2024, totals $49,063.30 based on the
daily per pupil tuition rate of $104.39 for the 2023-2024 school year.
ORDER
Based upon the foregoing, it is hereby ORDERED that the petitioner reimburse the
respondent for the cost of tuition for A.D., J.D., K.D., J.D., and K.D. for ninety-four school
days from November 17, 2023 through April 21, 2024, in the total amount of $49,063.30.
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 in accordance with N.J.S.A. 52:14B-10.

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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.
December 3, 2024
DATE 	REBECCA C. LAFFERTY, ALJ
Date Received at Agency:
Date Mailed to Parties:
RCL/tat

OAL DOCKET NO.: EDU 09070-2024
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APPENDIX
WITNESSES
For petitioner
None
For respondent
Paul Sorrentino, Principal, Magnolia Public School District
EXHIBITS
For petitioner
None
For respondent
R-1 	Notice 	of 	Motion 	for 	Summary 	Decision; 	Respondent’s 	Statement 	of
Material Facts in Support of Motion for Summary Decision; Respondent’s
Brief in Support of Motion for Summary Decision; and Certification of Paul
Sorrentino on Behalf of Respondent/Cross-Petitioner with attached Exhibits
A – E (via cover letter dated March 13, 2024)
R-2 	Certification #2 of Paul Sorrentino, Principal, on behalf of Respondent/
Cross-Petitioner
Judge’s Exhibits
C-1 	Initial Decision, OAL Docket No. EDU 01560-2024
C-2 	Commissioner’s Decision, OAL Docket No. EDU 01560-2024