Todd Schug v. Gloucester Board of Education, Camden County, 6/10/26 (#202-26)

202-26
OAL Dkt. No. EDU 02334-26
Agency Dkt. No. 017-01-26
New Jersey Commissioner of Education
Final Decision
Todd Schug,
Petitioner,
v.
Gloucester 	Board 	of 	Education, 	Camden
County,
Respondent.
The record of this matter and the Initial Decision of the Office of Administrative Law (OAL)
have been reviewed and considered. The parties did not file exceptions.
Upon review, the Commissioner concurs with the Administrative Law Judge that
petitioner lacks standing and that the petition must therefore be dismissed.
Accordingly, the Initial Decision is adopted as the final decision in this matter, and the
petition of appeal is hereby dismissed.
IT IS SO ORDERED.1
COMMISSIONER OF EDUCATION
Date of Decision: 	June 10, 2026
Date of Mailing: 	June 10, 2026
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.

New Jersey is an Equal Opportunity Employer
INITIAL DECISION
OAL DKT. NO. EDU 02334-26
AGENCY DKT. NO. 017-01-26
TODD SCHUG,
Petitioner,
v.
GLOUCESTER BOARD OF EDUCATION,
CAMDEN COUNTY,
Respondent.
Todd J. Schug, petitioner, pro se
Emily E. Strawbridge, Esq., for respondent (Parker McCay, P.A., attorneys)
Record Closed: April 7, 2026 Decided: April 28, 2026
BEFORE SUSAN MCCABE, ALJ:
STATEMENT OF THE CASE
On January 16, 2026, petitioner, Todd Schug, filed a petition of appeal on behalf
of D.S., a minor. Schug is neither the parent nor the legal guardian of D.S. Must this
petition be dismissed? Yes. To file a petition of appeal on behalf of a minor, the petitioner
must be the parent or legal guardian of the minor. N.J.A.C. 6A:3-1.3(a)(2).
State of New Jersey
OFFICE OF ADMINISTRATIVE LAW

OAL DKT. NO. EDU 02334-26
2
PROCEDURAL HISTORY
On January 16, 2026, Schug appealed a decision to terminate D.S.’s school
transportation issued by respondent, Gloucester Board of Education (Gloucester), to the
Department of Education.
On February 10, 2026, the Office of Controversies and Disputes transmitted the
case to the Office of Administrative Law as a contested case under the OAL
Administrative Procedure Act. N.J.S.A. 52:14B-1 et seq.
On February 5, 2026, Gloucester filed a motion to dismiss instead of an answer.
On March 26, 2026, Schug filed his opposition to the motion. On April 7, 2026, Gloucester
filed its response, and on that date, I closed the record.
FINDINGS OF FACT
Based upon the papers submitted in support of and in opposition to Gloucester’s
motion to dismiss, and assuming all the allegations contained in the petition of appeal are
true, I FIND the following as FACT for purposes of this motion only:
D.S. lives with his mother in Gloucester Township and is enrolled in the Gloucester
Township School District. Schug is D.S.’s uncle. Thus, he is not D.S.’s parent. He is not
his legal guardian either. In short, Schug has no parental or guardianship rights over D.S.
Nevertheless, Schug filed this petition of appeal on behalf of D.S.
CONCLUSIONS OF LAW
A respondent may file a motion to dismiss instead of an answer to a petition if “the
petitioner has advanced no cause of action even if the petitioner’s factual allegations are
accepted as true or for lack of jurisdiction, failure to prosecute, or other good reason.”
N.J.A.C. 6A:3-1.10; N.J.A.C. 6A:3-1.5(g).

OAL DKT. NO. EDU 02334-26
3
A court may grant a motion to dismiss when “the petition on its face fails to set
forth a basis for relief” and when the “petitioners have failed to provide any factual support
for the general allegations of their petition.” Sloan ex rel. Sloan v. Klagholtz, 342 N.J.
Super. 385, 394 (App. Div. 2001).
To state a claim upon which relief may be granted, a petitioner must establish
standing. Standing is a threshold determination that establishes whether a litigant is
entitled to initiate and maintain an action in court. Stubaus v. Whitman, 339 N.J. Super.
38, 47 (App. Div. 2001). A lack of standing prohibits a court from considering any of the
underlying issues presented in an appeal. Watkins v. Resorts Int’l Hotel and Casino, 124
N.J. 398, 418 (1991). In appeals before the Commissioner of Education, only a parent or
legal guardian has standing to bring such a case. N.J.A.C. 6A:3-1.3(a)(2).
In this case, Schug is the uncle of D.S. He is not his parent, and he is not his
guardian. Indeed, Schug has no parental or guardianship rights over him.
Therefore, I CONCLUDE that Schug lacks standing under N.J.A.C. 6A:3-
1.3(a)(2), that no cause of action exists to advance, and that this case must be dismissed.
ORDER
Given my findings of fact and conclusions of law, I ORDER that Gloucester’s
motion to dismiss this case is GRANTED, and that this case is 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 02334-26
4
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. 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.
April 28, 2026
DATE SUSAN MCCABE, ALJ
Date Received at Agency:
Date Mailed to Parties:
SM/dc