K.L., on behalf of minor children, N.B. AND A.B. V. BOARD OF EDUCATION OF THE CITY OF ORANGE, ESSEX COUNTY, 10/8/15, (#323-15)

#323-15 (OAL Decision: Not yet available online)
K.L., on behalf of minor children, N.B. 	:
and A.B.
:
PETITIONER,
:
V. 	COMMISSIONER OF EDUCATION
:
BOARD OF EDUCATION OF THE 	DECISION
CITY OF ORANGE, ESSEX COUNTY, 	:
RESPONDENT. 	:
_______________________________________
SYNOPSIS
Petitioner filed a pro se residency appeal on behalf of her children, challenging the Board’s
determination that petitioner and her family do not reside in the City of Orange. 	Petitioner
asserted that she is domiciled in Orange, and submitted bills and notices bearing a City of
Orange address. 	The Board contended that a residency investigation had revealed that
petitioner’s family was residing in Bloomfield, New Jersey. A hearing in the matter was held on
August 24, 2015; petitioner did not appear at the hearing. Counsel for the Board did appear and
presented – on the record – a Motion to Dismiss, based on petitioner’s failure to litigate her
appeal.
The ALJ held the record open for twenty-four hours following the hearing, but petitioner failed
to make contact with the OAL and the record was closed. 	Respondent’s counsel informed the
OAL that the Board would not pursue tuition reimbursement. Accordingly, the ALJ granted the
respondent’s Motion to Dismiss. The matter was dismissed with prejudice.
The Commissioner concurred with the ALJ’s determination to dismiss the matter based on
petitioner’s failure to litigate her appeal. 	Accordingly, the Initial Decision was adopted 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.
October 8, 2015

OAL DKT. NO. EDU 16075-14
AGENCY DKT. NO. 321-11/14
K.L., on behalf of minor children, N.B. 	:
and A.B.
:
PETITIONER,
:
V. 	COMMISSIONER OF EDUCATION
:
BOARD OF EDUCATION OF THE 	DECISION
CITY OF ORANGE, ESSEX 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.
Upon 	such 	review, 	the 	Commissioner 	concurs 	with 	the
Administrative Law Judge’s determination that the Board’s motion to dismiss should be granted
based on the petitioner’s failure to litigate her appeal. 	Accordingly, the recommended decision
of the ALJ is adopted for the reasons expressed therein.
IT IS SO ORDERED.*
COMMISSIONER OF EDUCATION
Date of Decision: 	October 8, 2015
Date of Mailing: 	October 9, 2015
* 	This decision may be appealed to the Superior Court, Appellate Division, pursuant to P.L. 2008, c. 36
(N.J.S.A. 18A:6-9.1).