C.G. on behalf of minor child, G.G. V. Board of Education of the Township of Morris, Morris County, 7/26/19,

200-19
New Jersey Commissioner of Education
Final Decision
C.G.., on behalf of minor child, G.G.
Petitioner,
v.
Board of Education of the Township of
Morris, Morris County,
Respondent.
Synopsis
The Commissioner previously issued a decision in this case, concurring with the ALJ that G.G.
was not domiciled in Morris Township between January 20, 2017 and February 2, 2018, and was
therefore ineligible for a free public education in the school district during this period. 	The
matter was remanded to the Office of Administrative Law (OAL) for the sole purpose of
calculating the correct amount of tuition due to the school district for the period of G.G.’s
ineligible attendance. Subsequent to the remand, the Board submitted a letter stating that the
petitioner, C.G., had filed for bankruptcy. The Board requested that the Commissioner consider
issuing a final decision based solely on the determination of G.G.’s residence in order to avoid
the waste of judicial resources that would occur if the ALJ were to proceed with the recalculation
of tuition.
Accordingly, the Commissioner affirmed the Initial Decision insofar as it concluded that G.G.
was not domiciled within the Morris School District. 	C.G. on behalf of minor child, G.G. v.
Board of Education of the Township of Morris, Morris County, Commissioner Decision No. 35-
19, 	decided 	January 30, 	2019. 	Further, 	the 	Commissioner 	rejected 	the 	Initial 	Decision’s
calculation of tuition and conclusions related thereto, as the Board effectively withdrew its
counterclaim prior to the ALJ’s issuance of the Initial Decision on Remand. 	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 26, 2019

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OAL Dkt. No. EDU 02768-19
(EDU 07231-18 On Remand)
Agency Dkt. No. 98-4/18
New Jersey Commissioner of Education
Final Decision
C.G.., on behalf of minor child, G.G.
Petitioner,
v.
Board of Education of the Township of
Morris, Morris County,
Respondent.
The record of this matter and the Initial Decision of the Office of Administrative
Law (OAL) have been reviewed. The parties did not file exceptions.
In the previous decision in this matter, the Commissioner concurred with the
Administrative 	Law 	Judge 	(ALJ) 	that 	G.G. 	was 	not 	domiciled 	in 	the 	District 	between
January 20, 2017 and February 2, 2018. 	C.G. on behalf of minor child, G.G. v. Board of
Education of the Township of Morris, Morris County, Commissioner Decision No. 35-19,
decided January 30, 2019. 	However, the Commissioner remanded the matter to the OAL to
calculate tuition costs because there was insufficient evidence in the record regarding the number
of school days in the relevant time period and the per diem tuition rate for each school year at
issue. 	Following the remand, the Board submitted a letter dated March 11, 2019, recognizing
that the petitioner had filed for Chapter 7 bankruptcy and, as such, it would be “a waste of
judicial resources for the ALJ to proceed, on remand, to re-calculate the sum the petitioner owes

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to the District…” 	Therefore, the Board requested that the Commissioner “consider issuing a
final decision based solely upon the determination of G.G.’s residency.”
Accordingly, 	the 	Commissioner 	affirms 	the 	Initial 	Decision 	insofar 	as 	it
concludes that G.G. was not domiciled in the district, which is consistent with C.G. on behalf of
minor 	child, 	G.G. 	v. 	Board 	of 	Education 	of 	the 	Township 	of 	Morris, 	Morris 	County,
Commissioner Decision No. 35-19, decided January 30, 2019. 	The Commissioner rejects the
Initial Decision’s calculation of tuition and conclusions related thereto, as the Board has
effectively withdrawn its counterclaim for tuition prior to the ALJ’s issuance of the Initial
Decision on Remand. The instant Petition of Appeal is hereby dismissed.
IT IS SO ORDERED.1
COMMISSIONER OF EDUCATION
Date of Decision: 	July 26, 2019
Date of Mailing: 	July 26, 2019
1 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).