K.O., on behalf of minor child, Y.T. V. BOARD OF EDUCATION OF THE TOWNSHIP OF WEST ORANGE, ESSEX COUNTY, 3/19/18, (#84-18)

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84-18
K.O., on behalf of minor child, Y.T., 	:
PETITIONER, 	: 	COMMISSIONER OF EDUCATION
V. 	: 	DECISION
BOARD OF EDUCATION OF THE 	:
TOWNSHIP OF WEST ORANGE,
ESSEX COUNTY, 	:
RESPONDENT. 	:
SYNOPSIS
Petitioner filed a pro se residency appeal on behalf of his daughter in February 2016, seeking a
determination that Y.T. is entitled to a free public education in the West Orange School District.
The 	matter 	was 	transmitted 	to 	the 	Office 	of 	Administrative 	Law 	as 	a 	contested 	case.
Subsequently, a meeting was held between District personnel, counsel for the Board and the
petitioner; based upon the explanation of Y.T.’s residency presented at the meeting, the
petitioner was notified by letter dated December 20, 2016 that the District would no longer seek
to assess tuition for the 2015-2016 school year. Petitioner agreed to submit a letter withdrawing
his appeal, but failed to do so.
The ALJ concluded that this matter is no longer a contested case before the Office of
Administrative Law. 	Accordingly, the ALJ issued an Initial Decision in which she ordered the
matter dismissed.
Upon review of the record in this matter, the Commissioner concurred with the ALJ’s conclusion and
adopted the Initial Decision as the final decision in this matter. Accordingly, 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.

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OAL DKT. NO. EDU 03166-16
AGENCY DKT. NO. 49-2/16
K.O., on behalf of minor child, Y.T., 	:
PETITIONER, 	: 	COMMISSIONER OF EDUCATION
V. 	: 	DECISION
BOARD OF EDUCATION OF THE 	:
TOWNSHIP OF WEST 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 adopts the Administrative Law Judge’s
recommended decision for the reasons expressed therein. 	Accordingly, the petition is hereby
dismissed as withdrawn.
IT IS SO ORDERED.*
ACTING COMMISSIONER OF EDUCATION
Date of Decision: 	March 19, 2018
Date of Mailing: 	March 19, 2018
*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).

State of New Jersey
OFFICE OF ADMINISTRATIVE LAW
INITIAL DECISION
DISMISSAL
OAL DKT. NO. EDU 03166-16
AGENCY DKT. NO. 49-2/16
K.O., ON BEHALF OF MINOR CHILD, Y.T.,
Petitioner,
v.
BOARD 	OF 	EDUCATION 	OF 	THE
TOWNSHIP 	OF 	WEST 	ORANGE, 	ESSEX
COUNTY,
Respondent.
_____________________________________
K.O., petitioner, pro se
Frances L. Febres, Esq., for respondent (Cleary Giacobbe Alfieri Jacobs, LLC,
attorneys)
Record Closed: February 1, 2018 	Decided: 	February 	1,
2018
BEFORE LESLIE Z. CELENTANO, ALJ:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY

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Petitioner challenged the school district’s residency determination. 	Petitioner’s
request for a hearing was granted and the matter was transmitted to the Office of
Administrative Law (OAL) on March 1, 2016, for hearing as a contested case.
Thereafter, District personnel and counsel for the Board met with petitioner and
received a detailed and lengthy explanation as to where Y.T., the petitioner’s daughter
resides. Based upon that meeting, the counsel for the Board notified petitioner by letter
dated December 20, 2016, that the District was satisfied with his clarification and would
no longer seek to assess tuition against petitioner for the 2015-2016 school year.
Petitioner agreed to submit a letter withdrawing his appeal to the Office of
Administrative Law however, nothing has been received to date. 	Based upon all of the
foregoing, I FIND that this matter should be and is hereby 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.

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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 COMMISSIONER
OF THE DEPARTMENT OF EDUCATION, ATTN: 	BUREAU OF CONTROVERSIES
AND DISPUTES, 100 Riverview Plaza, 4th Floor, PO Box 500, Trenton, New Jersey
08625-0500, marked “Attention: Exceptions.” A copy of any exceptions must be sent to
the judge and to the other parties.
February 1, 2018
DATE 	LESLIE Z. CELENTANO, ALJ
Date Received at Agency: 	February 1, 2018
Date Mailed to Parties:
dr