R.R., on behalf of minor child, W.R. v. Board of Education of the City of Elizabeth, Union County, 11/18/19, (#305-19)

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305-19
New Jersey Commissioner of Education Final Decision
R.R., on behalf of minor child, W.R.,
Petitioner,
V.
Board of Education of the City of Elizabeth, Union County,
Respondent.
Synopsis
Petitioner filed a pro se petition in July 2019 challenging the determination of the respondent Board that her child, W.R., was not domiciled in the city of Elizabeth, and was therefore ineligible to receive a free public education in respondent's school district. The Board filed a counterclaim for tuition.
The ALJ found that petitioner advised during a telephone conference on September 12, 2019 that she was withdrawing the petition; in return, the respondent Board agreed to waive its counterclaim for tuition. An email, dated September 13, 2019, memorialized this telephone conference and requested that petitioner submit a withdrawal letter with copies to the Board and counsel. To date, no withdrawal letter has been submitted despite two additional requests for same. The ALJ concluded that the petitioner has unreasonably failed to comply with the ALJ's order to submit a withdrawal letter. Accordingly, the ALJ dismissed the case pursuant to N.J.A.C. 1:1-14.14(a)(1).
Upon review, the Commissioner concurred with the ALJ's findings and conclusion in this matter. Accordingly, the Initial Decision of the OAL was adopted as the final decision 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.
November 18, 2019

OAL Dkt. No. EDU 10711-19
Agency Dkt. No. 174-7/19
New Jersey Commissioner of Education
Final Decision
R.R., on behalf of minor child, W.R.,
Petitioner,
v.
Board of Education of the City of Elizabeth,
Union 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 concurs with the Administrative Law Judge
(ALJ) – for the reasons stated in the Initial Decision – that the petition of appeal should be
dismissed. Accordingly, the recommended decision of the ALJ is adopted as the final decision in
this matter and the petition of appeal is hereby dismissed.
IT IS SO ORDERED.*
COMMISSIONER OF EDUCATION
Date of Decision: 	November 18, 2019
Date of Mailing: 	November 19, 2019
* 	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 10711-19
AGENCY DKT. NO. 174-7/19
R.R. ON BEHALF OF MINOR CHILD W.R.,
Petitioner,
v.
BOARD OF EDUCATION FO THE CITY OF
ELIZABETH, UNION COUNTY,
Respondent.
______________________________________
R.R., petitioner, pro se
Christina M. DiPalo, Esq. for respondent (LaCorte Bundy Varady & Kinsella)
Record Closed: September 12, 2019 	Decided: October 17, 2019
BEFORE NANCI G. STOKES, ALJ
STATEMENT OF THE CASE
On September 12, 2019, petitioner agreed to withdraw her residency petition if
respondent, Elizabeth Board of Education (Elizabeth), agreed to waive its counterclaim
for tuition. 	Elizabeth agreed and waived its counterclaim, but petitioner failed to

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withdraw her petition; despite my instructions to do so. Should this case be dismissed?
Yes. Under N.J.A.C. 1:1-14(c)(1), dismissal may be granted for the unreasonable failure
to comply with a judge’s order.
PROCEDURAL HISTORY
On April 4, 2019, Elizabeth determined that petitioner’s child, W.R., was not
domiciled in the city of Elizabeth, New Jersey; therefore, W.R. was not eligible for public
education in the school district.
On July 18, petitioner filed a residency appeal on behalf of her child.
On 	July 	29, 	2019, 	Elizabeth 	filed 	an 	Answer 	with 	the 	New 	Jersey 	State
Department of Education.
On August 5, 2019, the Office of Controversies and Disputes within the New
Jersey 	State 	Department 	of 	Education 	transmitted 	the 	case 	to 	the 	Office 	of
Administrative Law (OAL) under the Administrative Procedure Act, N.J.S.A. 52:14B-1 to
-15, and the act establishing the OAL, N.J.S.A. 52:14F-1 to -23, for a hearing under the
Uniform Administrative Procedure Rules, N.J.A.C. 1:1-1.1 to -21.6.
On August 21, 2019, I held a telephone prehearing conference and Elizabeth
advised that it would be filing a Motion for Summary Judgement, which I received on
September 10, 2019.
FINDINGS OF FACT
On 	September 	12, 	2019, 	during 	a 	telephone 	status 	conference, 	petitioner
advised that a hearing was no longer needed because W.R. was enrolled in school in
Elizabeth. 	Petitioner stated that she “did not care about last year,” and that she would

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submit a 	letter 	withdrawing her 	petition. 	In 	return, 	Elizabeth 	agreed 	to 	waive 	its
counterclaim for tuition if the petition was dismissed.
On September 13, 2019, an email was sent to the parties memorializing the
telephone conference and requested that petitioner submit a withdrawal letter with a
copy to Elizabeth and Elizabeth’s counsel at the addresses provided. (Exhibit 1). 	A
memorandum restating these instructions was sent to petitioner by regular mail. (Exhibit
2). 	On 	September 	18, 	2019, 	I 	received 	a 	letter 	from 	Elizabeth 	withdrawing 	its
counterclaim regarding tuition. (Exhibit 3).
Petitioner, however, failed to send her letter withdrawing her request for a
hearing. On October 3, 2019, an email was sent to petitioner again requesting that she
submit the withdrawal letter. 	To date, I have not received a withdrawal letter from
petitioner.
Given these circumstances, petitioner has failed to act, and I FIND that she has
abandoned her case.
CONCLUSIONS OF LAW
Under 	N.J.A.C. 	1:1-14.14 	(a)(1), 	a 	dismissal 	may 	be 	granted 	for 	the
unreasonable failure to comply with judge’s order. In this case, I instructed petitioner to
submit a withdrawal letter, based upon Elizabeth’s waiver of its counterclaim for tuition,
but petitioner failed to do so. Meanwhile, petitioner had stated that she no longer cares
about this case, and I found that petitioner constructively abandoned it. 	Given the
circumstances, I conclude that petitioner has unreasonably failed to comply with my
order and that this case be DISMISSED.
ORDER
Based on the foregoing, I ORDER that this case is DISMISSED.

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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 is authorized by law
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 under 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.
October 17, 2019
DATE 	NANCI G. STOKES, ALJ
Date Received at Agency: 	October 17, 2019
Date Mailed to Parties:
ljb

EXHIBITS
1-September 13, 2019, E-mail to petitioner
2-September 13, 2019, Memorandum
3-October 3, 2019, E-mail to petitioner
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