Board of Education of the Borough of Maywood, Bergen County v. Board of Education of the City of Hackensack, Bergen County, 3/2/2020, (#82-20)

New Jersey Commissioner of Education
Final Decision
Board of Education of the Borough of
Maywood, Bergen County,
Petitioner,
v.
Board of Education of the City of Hackensack,
Bergen County,
Respondent.
Synopsis
Petitioner Maywood Board of Education (Maywood) sought severance of its sending-receiving
relationship with respondent Hackensack Board of Education (Hackensack) that provides for
Maywood’s high school students to be educated in Hackensack. 	The parties requested that the
Commissioner consider the matter as an uncontested case. The Commissioner directed the
parties to comply with the procedural requirements in N.J.A.C. 6A:3-6.1 for severance of a
sending-receiving relationship.
Upon review and consideration of the record of this matter, including public comments, a
feasibility study, and the submissions of the parties, the Commissioner found that: 	the criteria
for withdrawal from a sending-receiving relationship at the high school level is set forth at
N.J.S.A. 	18A:38-13; 	the 	proposed 	severance 	of 	the 	relationship 	between 	Maywood 	and
Hackensack will have no substantial negative impact upon either school district; and the
withdrawal of Maywood students will alleviate overcrowding at Hackensack High School,
improve 	conditions 	for 	remaining 	students, 	and 	have 	little 	or 	no 	negative 	financial 	or
demographic impact on 	the school districts. Accordingly, the Commissioner granted the
petitioner’s 	application 	for 	severance, 	subject 	to 	establishment 	of 	a 	sending-receiving
relationship with the Carlstadt-East Rutherford Regional School District for a minimum duration
of five years.
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.
March 2, 2020
82-20

Agency Dkt. No. 195-8/19
New Jersey Commissioner of Education
Final Decision
Board of Education of the Borough of
Maywood, Bergen County,
Petitioner,
v.
Board of Education of the City of
Hackensack, Bergen County,
Respondent.
In this matter, petitioner Maywood Board of Education filed a petition seeking a
severance of the sending-receiving relationship with respondent Hackensack Board of Education that
provides for Maywood’s high school students to be educated in Hackensack.1 The parties requested
that the Commissioner consider the matter as an uncontested case, and the Commissioner directed the
parties to comply with the procedural requirements in N.J.A.C. 6A:3-6.1.
Subsequently, the Commissioner received sixty comments from the public regarding
the proposed settlement – fifty-seven in favor of severing the sending-receiving relationship and
three opposed.2 The opponents argue that the quality and number of educational and extracurricular
opportunities are greater at Hackensack High School than at Becton; Maywood students will have a
longer commute along a busy highway if they attend Becton, creating safety risks and decreasing
1 Maywood proposes to enter into a sending-receiving relationship with the Carlstadt-East Rutherford Regional
School District to allow its students to attend Henry P. Becton Regional High School (Becton).
2 The Commissioner received an additional comment in opposition to the severance following the close of the
comment period, which was not considered.

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students’ sleep time, family time, and time available for engaging in other activities. 	Further,
opponents 	argue 	that 	the 	removal 	of 	Maywood 	students 	will 	negatively 	impact 	both
Hackensack students – whose school will become less racially and economically diverse – and
Maywood students – who will lose exposure to students of other races and socioeconomic
backgrounds.
In response, petitioner argues that Hackensack High School is severely overcrowded,
while Becton is underutilized. 	If the severance is approved, Hackensack students will benefit from
having a high school that is no longer overcrowded, Maywood students will benefit by attending a
school that is not overcrowded, and East Carlstadt-Rutherford will benefit from being able to fully
utilize their high school, which will increase educational and extracurricular opportunities for its high
school students. 	For these reasons, severing the agreement will have a positive educational impact
on all three groups of students. Petitioner further contends that the financial impact on Hackensack
and other districts currently sending students to Hackensack is de mininimus. 	Finally, because
Hackensack and Maywood have similarly diverse demographic compositions, there will be no
negative racial impact if the agreement is severed.
The record of this matter has been reviewed, including the public comments, the
feasibility study, and the parties’ submissions. The criteria for withdrawal from a sending-receiving
relationship at the high school level is set forth at N.J.S.A. 18A:38-13, and establishes that prior to
severance of a relationship, the Commissioner will make an equitable determination based on the
circumstances, “including the educational and financial implications for the affected districts, the
impact on the quality of education received by pupils, and the effect on the racial composition of the
pupil population of the districts.” If there is no substantial negative impact, the Commissioner will
grant the requested severance. N.J.S.A. 18A:38-13.
Upon review, the Commissioner is satisfied that the record establishes that there will
be no substantial negative impact upon severing the sending-receiving relationship between

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Maywood and Hackensack. 	An overwhelming number of public comments support ending the
agreement, and the Hackensack Board of Education – the party in the best position to demonstrate
any potential negative impacts on its district – does not oppose its severance. 	The withdrawal of
Maywood students will alleviate the problem of overcrowding at Hackensack High School, which
appears likely to improve educational opportunities for the remaining students, while having little or
no negative financial or racial impact on the district.
Accordingly, 	petitioner’s 	application 	for 	severance 	of 	its 	sending-receiving
relationship with Hackensack is hereby granted, subject to establishment of a sending-receiving
relationship with the Carlstadt-East Rutherford School District for a minimum duration of five
years.3
IT IS SO ORDERED.4
COMMISSIONER OF EDUCATION
Date of Decision: 	March 2, 2020
Date of Mailing: 	March 4, 2020
3 See N.J.S.A. 18A:38-13.1.
4 This decision may be appealed to the Appellate Division of the Superior Court pursuant to P.L. 2008, c. 36
(N.J.S.A. 18A:6-9.1).