BOARD OF EDUCATION OF THE CITY OF VINELAND, CUMBERLAND COUNTY V. NJ STATE DEPARTMENT OF EDUCATION, 4/02/04 (#146-04)

146-04 (Link to OAL Decision http://lawlibrary.rutgers.edu/oal/html/initial/edu00367-04_1.html)
BOARD OF EDUCATION OF THE 	:
CITY OF VINELAND,
CUMBERLAND COUNTY, 	:
PETITIONER, 	: 	COMMISSIONER OF EDUCATION
V. 	: 	DECISION
NEW JERSEY STATE DEPARTMENT 	:
OF EDUCATION,
:
RESPONDENT.
:
SYNOPSIS
Petitioning 	ìAbbottî 	Board 	of 	Education 	appealed 	the 	Department 	of 	Educationís
determination with respect to funding for the districtís 2004-05 preschool program.
Initially, the ALJ determined that this proceeding should encompass issues arising from Board
determinations on the budget requests of its contracted private preschool providers, since
those determinations were made in conformance with Department directives and it is in the
best interest of all involved to resolve the districtís preschool budget in a single proceeding.
Of the issues in dispute, only three remained following settlement negotiations between the
parties. On the remaining issues, the ALJ rejected one private providerís request for a second
custodian and two private providersí requests for additional compensation for office staff, but
granted, based on the particular circumstances of this matter, that full rather than prorated
salary amounts should be funded for teaching staff members assigned to smaller-than-
permitted class sizes.
The Commissioner adopted the ALJís decision as his own.
This synopsis is not part of the Commissionerís decision. It has been prepared for the convenience of
the reader. It has been neither reviewed nor approved by the Commissioner.
April 2, 2004

OAL DKT. NO. 0367-04
AGENCY DKT. NO. 28-1/04
BOARD OF EDUCATION OF THE 	:
CITY OF VINELAND,
CUMBERLAND COUNTY, 	:
PETITIONER, 	: 	COMMISSIONER OF EDUCATION
V. 	: 	DECISION
NEW JERSEY STATE DEPARTMENT 	:
OF EDUCATION,
:
RESPONDENT.
:
The 	record 	of 	this 	matter 	and 	the 	Initial 	Decision 	of 	the 	Office 	of
Administrative Law have been reviewed. No exceptions were filed by the parties.
Pursuant to N.J.A.C. 1:1-19.1(d), the Initial Decision is the final decision in
this matter with respect to those issues resolved between the parties. With respect to the three
issues remaining in dispute, the Commissioner is satisfied upon his full and independent
review that the findings of the Administrative Law Judge (ALJ) are amply supported by the
record, and he, moreover, concurs in full with the ALJís analyses and conclusions based upon
those findings.
Accordingly, for the reasons expressed therein, the Initial Decision is adopted
as the final decision in this matter.
IT IS SO ORDERED.*
COMMISSIONER OF EDUCATION
Date of Decision: 	April 2, 2004
Date of Mailing: 	April 5, 2004
* Pursuant to P.L. 2003, c.122, ìAbbottî determinations are final agency actions appealable directly to the
Appellate Division of the New Jersey Superior Court. 	In accordance with the June 24, 2003 Order of the
Supreme Court, such appeals must be filed within six days of the Commissionerís decision.
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