C.F., on behalf of minor child, C.F., v. Board of Education of the Township of Jackson, Ocean County, 6/23/25 (#317-25)

317-25
OAL Dkt. No. 08497-25
Agency Dkt. No. 145-5/25
New Jersey Commissioner of Education
Final Decision
C.F., on behalf of minor child, C.F.,
Petitioner,
v.
Board of Education of the Township of Jackson,
Ocean County,
Respondent.
The record of this matter and the Order Denying Emergent Relief of the Office of
Administrative Law (OAL) have been reviewed and considered.1
Upon review, the Commissioner concurs with the ALJ that petitioner has failed to
demonstrate entitlement to emergent relief pursuant to the standards enunciated in Crowe v.
DeGioia, 90 N.J. 126, 132-34 (1982) and codified at N.J.A.C. 6A:3-1.6. 	Accordingly, the
recommended Order denying petitioner’s application for emergent relief is adopted for the
reasons stated therein.
Additionally, the Commissioner agrees with the ALJ that dismissal of this matter is
appropriate. The grade challenged by petitioner was given to his son in October 2024, but the
1 Upon review of the Order entered in this matter, the Commissioner determined that it was fully
dispositive of all issues in the case, and should therefore be treated as an Initial Decision, pursuant to
N.J.A.C. 1:1-18.1(b). The Office of Controversies and Disputes notified the parties of this determination,
advised the parties that they would be permitted to file exceptions, and provided instructions for same.
The parties did not file any exceptions.

2
petition of appeal was not filed until May 2025, well outside the 90-day period permitted by
N.J.A.C. 6A:3-1.3(i). The Commissioner therefore concludes that the petition is time-barred.
Accordingly, the petition of appeal is hereby dismissed.
IT IS SO ORDERED.2
COMMISSIONER OF EDUCATION
Date of Decision: 	June 23, 2025
Date of Mailing: 	June 23, 2025
2 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
State of New Jersey
OFFICE OF ADMINISTRATIVE LAW
ORDER DENYING
EMERGENT RELIEF
OAL DKT. NO. EDU 08497-25
AGENCY DKT. NO. 145-5/25
C.F. o/b/o C.F.,
Petitioner,
v.
BOARD OF EDUCATION OF THE
TOWNSHIP OF JACKSON,
Respondent.
C.F., on behalf of minor child C.F., pro se
Christopher Sedefian, Esq., for respondent (Schenck Price, LLC, attorneys)
BEFORE ALLISON FRIEDMAN, ALJ:
STATEMENT OF THE CASE
C.F., a junior at Jackson Memorial High School, requests a grade change for a low
grade received approximately seven months ago so not to affect his eligibility of
admission to colleges and scholarships not yet applied for. Is C.F. entitled to emergent
relief? No. Emergent relief can only be granted if the petitioner demonstrates irreparable
harm. N.J.A.C. 6A:3-1.6(b) and Crowe v. DeGioia, 90 NJ 126 (1982).

OAL DKT. NO. EDU 08497-25
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PROCEDURAL HISTORY
On 	May 	7, 	2025, 	the 	petitioner’s 	father, 	C.F., 	filed 	a 	motion, 	brief 	and
accompanying exhibits for emergent relief with the Department of Education (DOE)
requesting a grade change on behalf of his son, C.F. 	On May 14, 2025, the DOE
transmitted the case to the Office of Administrative Law as a contested case under the
Administrative Procedure Act, N.J.S.A. 52:14B-1 to -15, and N.J.S.A. 52:14F-1 to -23.
On May 16, 2025, petitioner filed a brief in support of his motion. On May 20, 2025, the
district filed a response to petitioner’s brief.
On May 22, 2025, the parties appeared for oral argument on the motion for
emergent relief.
DISCUSSION AND FINDINGS OF FACT
Based upon the papers submitted in support of and in opposition to the motion for
emergent relief, I FIND the following as FACT for purposes of this motion only:
C.F. is a general education student in his junior year enrolled at Jackson Memorial
High School. He received a 61 percent in Algebra Two for marking period one, which is
September 5, 2024, to October 21, 2024. C.F.’s father argues that a broken Chromebook,
teacher absence, and lack of school response to the specific educational needs of C.F.
caused the low grade. C.F.’s school issued Chromebook broke on September 12, 2024,
but was returned to C.F. on September 16, 2024. 	(R-SSJ) 	The high school has
Chromebooks it can loan to students. C.F. was aware that he could borrow one, but he
did not. 	(R-SSI) 	Nevertheless, during the time that C.F. was without his Chromebook,
Ms. Sharp allowed C.F. to submit any missing homework late for full credit. (R-GS)
Contrary to petitioner’s assertion, Ms. Sharp, the student’s teacher, was only
absent three days during marking period one. (R- GS) C.F.’s father, emailed the school
October 17, 2024, with his concerns for his son’s grade. (P-D) Each email sent by C.F.’s
father was responded to in a timely manner and included suggestions for C.F. to obtain

OAL DKT. NO. EDU 08497-25
3
assistance. 	There is no indication C.F. availed himself of the extra help. 	(R-SSC, R-
SSE).
C.F. is also an athlete and has been speaking to colleges about their admission
requirements. 	C.F. and his father are concerned that low grade will jeopardize C.F.’s
eligibility for college admissions and potential scholarships. 	C.F., however, has not
submitted any applications to college for admission. 	He has not submitted any
applications for scholarships either. Petitioner assert that they will do so in the future.
I FIND the broken Chromebook, lack of responsiveness of the school, nor absence
of Ms. Sharp, were the cause of C.F.’s 61 percent in Algebra Two. 	I further find that
eligibility for college and scholarships having not been applied for yet are not in jeopardy
of loss due to the low grade.
CONCLUSIONS OF LAW
A petitioner is entitled to emergent relief when, by clear and convincing standard
of credible evidence, they demonstrate irreparable harm if relief is not granted. N.J.A.C.
6A:3-1.6(b) and Crowe v. DeGioia, 90 NJ 126 (1982). When the concerns of the petitioner
are speculative, relief should not be granted merely to allay the anxiety of the parties.
Adams v. Freedom Forge Corp. 204 F.3d 475, 490 (3 rd 2000) (quoting Continental Group
Inc. v. Amoco Chemicals Corp., 614 F.2d 351, 359 (3d Cir. 1980).
In this case, C.F. asserts that the irreparable harm is “the risk of jeopardizing
[C.F.’s] eligibility” for college and scholarships due to the low grade received in the first
marking period in Algebra Two. This, however, is speculative. Indeed, to grant the motion
would be to merely allay his anxiety. Accordingly, I CONCLUDE that C.F. has not proven
by clear and convincing evidence that he is entitled to emergent relief.

OAL DKT. NO. EDU 08497-25
4
ORDER
Given my findings of fact and conclusions of law, I ORDER that the motion for
emergent relief is DENIED and that this case is DISMISSED.
This order on application for emergency relief may be adopted, modified, or
rejected by the ACTING COMMISSIONER OF THE DEPARTMENT OF EDUCATION,
who by law is authorized to make a final decision in this case. The final decision must be
issued without undue delay, but no later than forty-five days following the entry of this
order. If the ACTING COMMISSIONER OF THE DEPARTMENT OF EDUCATION does
not adopt, modify, or reject this order within forty-five days, this recommended order
becomes a final decision on the issue of emergent relief in accordance with N.J.S.A.
52:14B-10.
May 23, 2025
DATE 	ALLISON FRIEDMAN, ALJ
Date Received at Agency:
Date E-Mailed to Parties:
AF

OAL DKT. NO. EDU 08497-25
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APPENDIX
Witnesses
For Petitioner
In lieu of certification C.F. senior made sworn statements in his argument.
For Respondent
None
Exhibits
For Petitioner
P-A 	Email, dated April 30, 2025
P-B 	C.F.’s complete grades for the 2024-2025 school year
P-C 	C.F.’s High School Grades since enrollment at Jackson Memorial
P-D 	Email conversations from October 17, 2024, November 22, 2024 email to
counselor, May 1, 2025, email to Dr. Laura Godlesky, email conversation of
February 24, 2025
P-E 	Grade weighting for the class, receipt for repair of Chromebook
P-F 	February 24, 2025, to Sarah Seeley from C.F. senior
P-G 	May 2, 2025, email from C.F. senior to Jackson Township Board of
Education
For Respondent
R- SS: Certification of Sarah Seeley
R-SSA: Email, dated February 19, 2025
R-SSB: Email, dated February 24, 2025
R-SSC: Emails, dated February 24. 2024
R-SSD: Gradebook C.F. marking period one
R-SSE: Student Handbook
R-SSF: Student Data C.F.
R-SSG: Loaner Chromebooks classroom location
R-SSH: Chromebook Schedule

OAL DKT. NO. EDU 08497-25
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R-SSI: Slide 11 and Chromebook loaning
R-SSJ: Incident IQ – workorder for the broken Chromebook
R-SSK: Email, dated October 15, 2024
R-LG: Certification of Laura Godlesky
R-LGA: Email, dated April 30, 2025 (P-A)
R-LGB: Email, dated May 1, 2025
R-GS: Certification of Gretchen Sharp
R-GSA: Email, dated September 12, 2024
R-GSB: Emails, dated October 15, 2024, and October 17, 2024
R-GSC: Genesis Parent Portal Usage