K.B., on behalf of minor children, L.P., K.P., and J.P. v. Board of Education of the Township of South Harrison, Gloucester County, 6/18/19, (#146-19)

146-19
New Jersey Commissioner of Education
Final Decision
K.B., on behalf of minor children, L.P.,
K.P. and J.P.,
Petitioner,
v.
Board of Education of the Township of
South Harrison, Gloucester County,
Respondent.
Synopsis
Petitioner filed a pro se residency appeal challenging the respondent Board’s determination that
her minor children are not eligible to receive a free public education in the South Harrison
School District. The Board filed a motion to dismiss the petition as untimely.
The ALJ found, inter alia, that: petitioner’s appeal was untimely filed; further, by petitioner’s
own admission, the children are not domiciled within the South Harrison School District as
required under N.J.S.A. 18A:38-1 and N.J.A.C. 6A:22-3.1. The ALJ concluded that petitioner’s
claims against the respondent Board are without merit; accordingly, the ALJ ordered the petition
dismissed.
Upon review, the Commissioner concurred, inter alia, 	that the Board’s motion to dismiss the
petition for untimeliness is appropriately granted. Accordingly, the Initial Decision of the OAL
was adopted as the final decision in this matter, and 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.
June 18, 2019

OAL Dkt. No. EDU 00790-19
Agency Dkt. No. 308-12/18
New Jersey Commissioner of Education
Final Decision
K.B., on behalf of minor children, L.P.,
K.P. and J.P.,
Petitioner,
v.
Board of Education of the Township of
South Harrison, Gloucester 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.
Upon review, the Commissioner concurs with the Administrative Law Judge (ALJ) that
the Board’s Motion to Dismiss for untimeliness of the petition is appropriately granted. Moreover, even
assuming, arguendo, that petitioner had timely filed her appeal, the Commissioner further concurs that
petitioner has not sustained her burden of demonstrating that her children are domiciliaries of
South Harrison so as to entitle them to a free public education in the District’s schools.
Accordingly, the Initial Decision of the OAL is adopted as the final decision in this
matter and the instant Petition of Appeal is hereby dismissed.
IT IS SO ORDERED.1
COMMISSIONER OF EDUCATION
Date of Decision: 	June 18, 2019
Date of Mailing: 	June 19, 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).

State of New Jersey
OFFICE OF ADMINISTRATIVE LAW
INITIAL DECISION
GRANTING 	MOTION 	TO 	DISMISS
PETITIONER’S APPEAL
OAL DKT. NO. EDU 00790-19
AGENCY DKT. NO. 308-12/18
K.B. ON BEHALF OF MINOR
CHILDREN, L.P., K.P. AND J.P.,
Petitioner,
v.
SOUTH HARRISON BOARD OF
EDUCATION, GLOUCESTER COUNTY,
Respondent.
_____________________________________
K.B., petitioner, pro se
Daniel F. Thornton, Esq. for respondent, South Harrison Board of Education
(Comegno Law Group, P.C., attorneys)
Record Closed: April 1, 2019 	Decided: May 10, 2019
BEFORE CARL V. BUCK III, ALJ:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY
The petition in this matter was filed on January 14, 2019. 	Petitioner K.B. is the
mother of the minor children L.P., K.P. and J.P. who attended schools within the
purview of the South Harrison Township Board of Education in November of 2018.

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Respondent South Harrison Township Board of Education filed a Motion for
Dismissal of the petition on January 7, 2019.
FACTUAL DISCUSSION
K.B. (“petitioner”) filed this petition on behalf of her minor children L.P., K.P. and
J.P., students who attended schools within the purview of the South Harrison Township
Board of Education in November of 2018.
During prehearing conferences held with the parties, the petitioner admitted that
her children stayed with their grandparents during the week due to the petitioner’s work
schedule. 	The children then attended school in the grandparents’ school district, that
being Mullica Hill. 	The children were residents of Piles Grove Township which is the
address of the petitioner and is outside of the South Harrison School District.
Subsequent to the conference in this matter, counsel for the school board
provided to the court a copy of a of an order entered by the Hon. John Tomasello, JSC
on March 22, 2019. 	Judge Tomasello’s order granting custody of the three children in
question to their father who is a resident of Pennsylvania. 	The order further authorizes
and grants the father’s application to relocate the children to Pennsylvania. 	Petitioner
did not respond to counsel’s submission. 	Nor did petitioner appear for an in-person
settlement 	conference 	scheduled 	for 	March 	22, 	2019. 	No 	explanation 	for 	non-
appearance was received by the petitioner and the record closed on April 1, 2019. 	In
the event that relocation of the children has not yet occurred, this Initial Decision
granting respondent’s Motion for Summary Decision (R-1) shall resolve this matter.
LEGAL DISCUSSION
Petitioner lists two causes of action for their motion. 	The first is that petitioner’s
filing is untimely under N.J.S.A. 18A:38-1(b)(2). 	The second that petitioner’s children,
by her own admission, do not reside in the district; thus a violation under N.J.S.A.
18A:38-1 and N.J.A.C. 6A:22-3.1.
The date of the appeal evidences the untimely filing. 	The petitioner’s own
admission evidences the children are not residents and imaged municipality under the

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South Harrison Board of Education jurisdiction. 	In light of this information I FIND that
any claims petitioner might have against the South Harrison School Board that are
subject to the jurisdiction of the Commissioner of Education are plainly time-barred by
N.J.A.C. 6A:3-1.3(i) and I CONCLUDE therefore that they should be dismissed.
I further FIND, that the children of the petitioner are not residents of Mullica Hill
Township and are therefore not residents entitled to educational benefits within the
South Harrison School District and are therefore not under the jurisdiction of the South
Harrison Board of Education.
Therefore, I CONCLUDE that all of petitioner’s claims against the South Harrison
Board of Education and should be DISMISSED.
CONCLUSION
The petition warrants dismissal on two counts:
1. Petitioner admits that the children are not residents of the district governed by
the South Harrison Board of Education. She freely stated that the children reside
with 	her 	parents 	(in 	Mullica 	Hill) 	during 	the 	week 	as 	a 	convenience 	to
accommodate her work schedule – therefore they go to school in the South
Harrison District. 	She also admits that she resides in Woodstown – not in an
area under the jurisdiction of the South Harrison District 	and that is where her
children reside; and
2. Petitioner failed to file an appeal within the appropriate time frame as detailed
under R. 4:6-2(e) and N.J.A.C. 1:1.3(a).
The claim must be dismissed under the dictates of both.
For the reasons stated herein, I FIND that the petition filed by petitioner does not
comply with the appropriate rules and administrative guidelines, nor are the children
residents of the South Harrison District. 	Therefore, I CONCLUDE that petitioner’s
claims should be DISMISSED.

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ORDER
Based upon all of the foregoing, it is hereby ORDERED that the petition in this
matter be and hereby 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.
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.
May 10, 2019
DATE 	CARL V. BUCK III, ALJ
Date Received at Agency:
Date Mailed to Parties:
/lam

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LIST OF EXHIBITS
For petitioner:
None
For the respondent:
R-1 	Motion for Dismissal
R-2 	Letter, dated March 14, 2019
R-3 	March 25, 2019 letter