L.Z., on behalf of minor child, G.Z. v. Board of Education of the Township of Wayne, Passaic County, 9/19/25 (#451-25E)

451-25E
OAL Dkt. No. EDU 13973-25
Agency Dkt. No. 227-7/25
New Jersey Commissioner of Education
Order on Emergent Relief
L.Z., on behalf of minor child, G.Z.,
Petitioner,
v.
Board of Education of the Township of Wayne,
Passaic County,
Respondent.
The record of this emergent matter, the sound recording of the hearing held at the Office of
Administrative Law (OAL), and the recommended Order of the Administrative Law Judge (ALJ) have been
reviewed and considered.
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. This matter shall continue at the OAL with such proceedings as
the parties and the ALJ deem necessary to bring it to closure.
IT IS SO ORDERED.
COMMISSIONER OF EDUCATION
Date of Decision: 	September 19, 2025
Date of Mailing: 	September 22, 2025

New Jersey Is An Equal Opportunity Employer
State of New Jersey
OFFICE OF ADMINISTRATIVE LAW
ORDER
DENYING EMERGENT RELIEF
OAL DKT. NO. EDU 13973-25
AGENCY DKT. NO. 227-7/25
L.Z. ON BEHALF OF MINOR CHILD, G.Z.,
Petitioner,
v.
BOARD OF EDUCATION OF THE TOWNSHIP
OF WAYNE, PASSAIC COUNTY,
Respondent.
_______________________________________
L.Z., petitioner, pro se
John 	G. 	Geppert, 	Jr., 	Esq., 	for 	respondent 	(Scarinci 	& 	Hollenbeck, 	LLC,
attorneys)
Record Closed: August 21, 2025 	Decided: August 21, 2025
BEFORE ANDREA PERRY VILLANI, ALJ:
STATEMENT OF THE CASE
L.Z. is the mother of G.Z., a student at Wayne Hills High School who had a
difficult year in ninth grade. 	L.Z. now seeks an emergent transfer of G.Z. to Wayne

OAL DKT. NO. EDU 13973-25
2
Valley High School for tenth grade, but she has alleged no irreparable harm. 	Is. L.Z.
entitled to emergency relief? 	No. 	Emergency relief may only be ordered when
irreparable harm will otherwise result. N.J.A.C. 1:1-12.6(a).
PROCEDURAL HISTORY
On April 4, 2025, the Wayne Board of Education denied L.Z.’s request to transfer
G.Z. from Wayne Hills High School to Wayne Valley High School.
On or about July 9, 2025, L.Z. filed a petition of appeal with New Jersey
Department of Education, Office of Controversies and Disputes. L.Z.’s petition included
a handwritten note stating, “I would like to request that this appeal be expedited.”
On August 	11, 	2025, 	the 	New 	Jersey 	Department 	of 	Education, 	Office 	of
Controversies and Disputes, 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.
On August 21, 2025, I heard oral argument on L.Z.’s request for an expedited
hearing for emergent relief and closed the record.
FINDINGS OF FACT
Based on the oral arguments and documents presented by the parties, I FIND
the following as FACT for purposes of this application only:
G.Z. is a fifteen-year-old student at Wayne Hills High School (WHHS) in Wayne,
New Jersey. He will be entering tenth grade in September 2025.
G.Z. had a difficult year in ninth grade at WHHS during the 2024/2025 academic
year. According to his mother, L.Z., G.Z. had a hard time making friends and adjusting
to the new environment.

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In September 2024, G.Z. pushed another student after that student took his
backpack and removed items from the backpack. G.Z. confronted the student, who put
his hands on G.Z., G.Z. pushed him back, and both were sent to the office. 	G.Z. was
written up for this, but the Assistant Principal later apologized after reviewing video,
acknowledging that the altercation was not G.Z.’s fault.
In January 2025, G.Z. needed help in his Spanish class, but his Spanish teacher
did not immediately respond to his emails. She took two or three days to respond. L.Z.
then sent emails to the Assistant Principal on G.Z.’s behalf. 	L.Z. also asked G.Z.’s
guidance counselor to transfer him to a different Spanish class, which the guidance
counselor agreed to; but, after speaking with G.Z. about it, L.Z. decided against the
transfer because it would change G.Z.’s class schedule.
In February 2025, L.Z. received a strange text message from a number she did
not recognize. The text stated:
Dear Wayne Hills, High School Families,
We hope this message finds you well. 	We are writing to inform you of a
recent concern regarding inappropriate behavior in the student restrooms.
It has come to our attention that your son [G.Z.] has been engaging in
actions that are not only against the school’s code of conduct but also
disrespectful to the community we strive to build at Wayne Hills High
School.
We want to assure you that the safety, well-being, and respect of all
students are our top priorities. 	Our school administrators and staff are
actively 	working 	to 	address 	this 	issue 	and 	ensure 	that 	appropriate
measures are in place to prevent further incidents. 	In addition, we
recommend to have a sit and chat with your student and our school will be
reinforcing the importance of responsible behavior, respect for school
property, and consideration for peers during upcoming assemblies and
classroom discussions.
L.Z. reported the text message to the school. 	The Vice Principal spoke with L.Z. and
explained that the text was generated by AI, it did not come from the school, and that
G.Z. was not in any trouble.

OAL DKT. NO. EDU 13973-25
4
In March 2025, G.Z. had a problem with a student in the locker room while
changing for gym class. 	G.Z. told L.Z. that this student grabbed him from behind and
picked him up into the air. 	G.Z. yelled, “Let me go, I can’t breathe!” 	One of the gym
teachers intervened and told G.Z. to “shut up” and told another teacher to watch the
other students while he took “these two assholes” to the office.
On March 12, 2025, L.Z. filed a Harassment, Intimidation, and Bullying (HIB)
Reporting Form regarding the locker room incident. 	WHHS investigated and issued a
HIB Investigation Report concluding that HIB did not occur. 	WHHS did not find HIB
because, among other reasons, the student’s and teacher’s actions were not motivated
by an actual or perceived characteristic.
G.Z. is very anxious about returning to WHHS for the 10 th grade. 	He wants to
transfer to the other public high school in town, Wayne Valley High School (WVHS).
According to L.Z., “[h]e is very eager to be with his friends” that attend WVHS. L.Z. also
believes that it is in G.Z.’s “best interest academically, mentally, and socially” to transfer
to WVHS. However, L.Z. and G.Z. live in the attendance area for WHHS.
The Wayne Board of Education has an Attendance Area Plan that governs where
children in Wayne attend school. Every Wayne address is assigned an attendance area
for either WHHS or WVHS. 	In developing its Attendance Area Plan, the Board
considered the population of the areas, the capacity of the schools, transportation, and
allocation of district resources.
LEGAL DISCUSSION
Under N.J.A.C. 1:1-12.6, an Administrative Law Judge may order emergency
relief pending a final decision on the whole contested case where authorized by law and
where irreparable harm will result without an expedited decision.
In this case, L.Z. has not demonstrated that G.Z. will suffer irreparable harm
without an expedited decision. 	G.Z. already attended WHHS for a full academic year
without suffering irreparable harm. 	Indeed, L.Z. does not allege that G.Z. will be

OAL DKT. NO. EDU 13973-25
5
irreparably harmed by attending WHHS for another year; rather, she argues that it will
be in G.Z.’s “best interest academically, mentally, and socially” to transfer to WVHS.
This may be true, but it does not meet the standard for emergency relief. 	Therefore, I
CONCLUDE that G.Z. is not entitled to an expedited decision for emergency relief and,
instead, this case will proceed to a final decision on the whole contested case in due
course.
ORDER
Given my Findings of Fact and Conclusions of Law, I ORDER that G.Z.’s request
for emergency relief is DENIED.
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 matter. The final decision shall
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 shall become
a final decision on the issue of emergent relief in accordance with N.J.S.A. 52:14B-10
August 21, 2025 	________________________________
DATE 	ANDREA PERRY VILLANI, ALJ
Date Received at Agency: 	August 21, 2025
Date Mailed to Parties: 	August 21, 2025
sej

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APPENDIX
Witnesses
For Petitioner:
L.Z.
For Respondent
None
Exhibits
For Petitioner.
P-1 	April 4, 2025 Letter from Assistant Superintendent
P-2 	April 8, 2025 Letter from Superintendent
P-3 	April 25, 2025 Letter from Board Secretary
P-4 	HIB Reporting Form
P-5 	HIB Investigation Report
P-6 	Emails to/from Assistant Principal
P-7 	Text Message
For Respondent:
R-1 	Board Policy No. 5120
R-2 	January 15, 2025 Emails
R-3 	Text Message
R-4 	February 21, 2025 Emails
R-5 	March 5, 2025 Emails
R-6 	HIB Reporting Form
R-7 	HIB Investigation Report
R-8 	Attendance Records
R-9 	Grades
R-10 	April 4, 2025 Letter
R-11 	April 4, 2025 Emails