P.P.P., on behalf of minor child, E.E.P. v. Board of Education of the City of Elizabeth, Union County, 1/23/2024, (#68-24)

68-24
New Jersey Commissioner of Education
Final Decision
P.P.P., on behalf of minor child, E.E.P.,
Petitioner,
v.
Board of Education of the City of Elizabeth,
Union County,
Respondent.
Synopsis
Pro se petitioner appealed the determination of the respondent Board that his minor child, E.E.P., was not
entitled to a free public education in Elizabeth schools during the period between May 5, 2023 and
June 5, 2023, contending that he and E.E.P. resided at an apartment on Fulton Street in Elizabeth. The Board
contended that E.E.P. was domiciled in Hillside, New Jersey during this period. 	The Board sought tuition
reimbursement for the period of E.E.P.’s alleged ineligible attendance in Elizabeth schools.
The ALJ found, inter alia, that: 	E.E.P. was disenrolled from the Elizabeth School District (Elizabeth) in June
2023; 	P.P.P. failed to appear at a prehearing conference in October 2023; 	during a second prehearing
conference in November 2023, petitioner disconnected from the call prior to conclusion of the conference;
petitioner then failed to appear at the hearing in December 2023; 	the respondent Board has shown by a
preponderance of evidence that neither E.E.P.’s mother, R.V., nor his father, P.P.P., reside in Elizabeth; and
petitioner failed to provide any evidence to the contrary; and N.J.S.A. 18A38-1(b)(1) provides that when the
evidence does not support a claim of residency, the resident shall be assessed tuition for the period of
ineligible attendance. The ALJ concluded that petitioner owes the Board tuition reimbursement in the amount
of $1,997.40, representing twenty days of ineligible attendance by E.E.P. in Elizabeth schools.
Upon review, the Commissioner adopted the Initial Decision of the OAL as the final decision in this matter and
dismissed the petition. Petitioner was ordered to reimburse the Board in the amount of $1,997.40.
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.

68-24
OAL Dkt. No. EDU 10056-23
Agency Dkt. No. 243-9/23
New Jersey Commissioner of Education
Final Decision
P.P.P., on behalf of minor child, E.E.P.,
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
(OAL) have been reviewed and considered. The parties did not file exceptions.
Upon review, the Commissioner concurs with the Administrative Law Judge’s (ALJ)
finding that petitioner failed to sustain his burden of establishing that he and his minor child,
E.E.P., were domiciled in Elizabeth (the District) between May 5, 2023 and June 5, 2023. The
Commissioner further concurs with the ALJ’s conclusion that E.E.P. was, therefore, not entitled
to a free public education in the District during that time.
Pursuant to N.J.S.A. 18A:38-1b, the Commissioner shall assess tuition against petitioners
for the time period during which E.E.P. was ineligible to attend school in the District. Therefore,

2
the Elizabeth Board of Education (Board) is entitled to tuition reimbursement in the amount of
$1,997.40 for the period from May 5, 2023 through June 5, 2023. 1
Accordingly, the Initial Decision of the OAL is adopted as the final decision in this matter.
Petitioner is directed to reimburse the Board in the amount of $1,997.40 for tuition costs
incurred from May 5, 2023 through June 5, 2023 when E.E.P. was ineligible to attend school in
the District. The petition of appeal is hereby dismissed.
IT IS SO ORDERED.2
ACTING COMMISSIONER OF EDUCATION
Date of Decision: January 23, 2024
Date of Mailing: January 25, 2024
1 This amount is based on the per diem tuition rate of $99.87 listed in the District’s Final Notice of Ineligibility
(Exhibit R-4) and the District’s 2022-2023 school calendar (Exhibit R-8), which reflects 20 days of school between
May 5, 2023 and June 5, 2023.
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
INITIAL DECISION
OAL DKT. NO. EDU 10056-23
AGENCY DKT NO. 243-9/23
P.P.P., ON BEHALF OF MINOR CHILD, E.E.P.,
Petitioner,
v.
BOARD OF EDUCATION OF THE CITY OF
ELIZABETH, UNION COUNTY,
Respondent.
P.P.P., petitioner, pro se
Brian Kane, Esq., for respondent (LaCorte, Bundy, Varady & Kinsella, attorneys)
Record Closed: December 19, 2023 Decided: December 21, 2023
BEFORE PATRICE E. HOBBS, ALJ:
STATEMENT OF THE CASE
Petitioner, P.P.P. challenges the determination by the Board of Education of the
City of Elizabeth, Union County (BOE or respondent) that the minor child E.E.P. does not
reside in Elizabeth pursuant to N.J.S.A. 18A:38-1 and for reimbursement of tuition for
E.E.P. Should public school be free to petitioner and his children in Elizabeth while they
lived in Hillside? No. Under N.J.S.A. 18A:38-1(a), public school shall be free to a minor

OAL DKT. NO. EDU 10056-23
2
who is domiciled within the school district, and petitioner and his family meet no exception
to this law.
PROCEDURAL HISTORY
In June 2023, E.E.P. was disenrolled from the Elizabeth School District. On
September 11, 2023, P.P.P. filed his appeal with the Commissioner of Education. On
September 22, 2023, this matter was transmitted from the New Jersey State Department
of Education to the Office of Administrative Law (OAL) for a hearing as a contested case
pursuant to N.J.S.A. 52:14B-1 to-15 and N.J.S.A. 52:14F-1 to-13. A prehearing
conference was held on October 16, 2023. P.P.P. did not appear. A second prehearing
conference was held on November 8, 2023. Prior to conclusion of the prehearing
conference, P.P.P. disconnected from the call. P.P.P. did not appear for the hearing.
The hearing took place on December 19, 2023. The record closed on December 19,
2023.
FINDINGS OF FACT
Based on the credible testimonial and documentary evidence, I FIND the following
uncontroverted FACTS:
1. R.V. is the mother of E.E.P. and she enrolled E.E.P. at JVJ STEM Academy
in Elizabeth, New Jersey. (R-1.)
2. R.V. is also the mother of A.P. (year of birth 2013). A.P. is not enrolled in
any Elizabeth Public School.
3. P.P.P. was not listed on the school demographic profile. (R-1.)
4. During the 2022-2023 school year, E.E.P. had 400 absences from his class.
(R-2.)
5. As a result of the unusually large number of absences, the BOE requested
that R.V. provide the BOE with proof of domiciliary within the district. (R-3.)
6. There was no response from R.V.

OAL DKT. NO. EDU 10056-23
3
7. The BOE engaged Mr. Buteau, an investigator, who went to the Cross
Avenue address. Mr. Buteau spoke with the landlord who stated she did
not know R.V. or E.E.P.
8. Since the BOE had no proof of residency, the BOE notified R.V. that E.E.P.
was ineligible for school within the district. (R-4.)
9. Mr. Buteau spoke with R.V. who confirmed that she resided in Hillside, New
Jersey.
10. Mr. Buteau verified that R.V. resides in Hillside, New Jersey through a
background check that includes public and private records.
11. R.V. provided no explanation for the numerous absences from school.
12. The BOE formally disenrolled E.E.P. from the school district on June 5,
2023.
13. On September 11, 2023, P.P.P. filed an appeal of the residency
determination, and included a certified letter from Mr. Franco, an Anchor
Benefit Application, and an Elizabeth Public Library card as proof that
P.P.P. resides at Fulton Street in Elizabeth. (R-7.)
14. The certified letter from Mr. Franco states that he rents a Fulton Street
apartment to P.P.P.
15. The BOE Residency Verification Form lists multiple documents that would
be acceptable as proof of residency and requires a showing of only five
documents. P.P.P. not only failed to provide five items for proof of residency
as required by the BOE, but also failed to provide any of the items listed on
the Residency Verification Form. (R-7.)
16. Mr. Buteau went to the Fulton Street address and spoke with the tenants at
that address who had no knowledge of P.P.P. or E.E.P.
17. Mr. Buteau verified that the owner of the Fulton Street address is Ms. Virgina
Scott.
18. E.E.P. was ineligible for education at the Elizabeth BOE from May 5, 2023,
through June 5, 2023, or twenty school days.

OAL DKT. NO. EDU 10056-23
4
LEGAL DISCUSSION AND CONCLUSIONS OF LAW
At issue in this case is whether E.E.P resides within the Elizabeth Board of
Education School District. Any child between the ages of five and twenty years old is
entitled to free public education in the district in which he is a resident. N.J.S.A. 18A:38-
1(a); N.J.A.C. 6A:22-3.1(a). A student is a resident of a school district if his parent or
guardian has a permanent home in the district such that “the parent or guardian intends
to return to it when absent and has no present intent of moving from it, notwithstanding
the existence of homes or residences elsewhere.” N.J.A.C. 6A:22-3.1(a)(1). A student
may attend school in a district in which he is a non-resident, with or without payment of
tuition, at the discretion of the school district. N.J.S.A. 18A:38-3(a); N.J.A.C. 6A:22-2.2.
Domicile has been defined as the place where a person has his true, fixed,
permanent home and principal establishment, and to which, whenever he is absent, he
has the intention of returning. State v. Benny, 20 N.J. 238, 250 (1955). The domicile of
an unemancipated child is that of his or her parent, custodian, or guardian. P.B.K. o/b/o
minor child E.Y. v. Board of Ed. of Tenafly, 343 N.J. Super. 419, 427 (App. Div. 2001).
Where a local board determines that a child is not properly domiciled in its district,
N.J.S.A. 18A:38-1(b)(2) provides a right of appeal to the parents as follows:
The parent or guardian may contest the Board's decision before
the Commissioner within 21 days of the date of the decision and
shall be entitled to an expedited hearing before the
Commissioner and shall have the burden of proof by a
preponderance of the evidence that the child is eligible for a free
education under the criteria listed in this section.
N.J.S.A. 18A:38-1(b)(2). In the case at hand, P.P.P. contested the BOE’s decision
that E.E.P. was not properly domiciled in the School District. The BOE has shown by a
preponderance of the evidence that neither R.V. nor P.P.P. reside in Elizabeth. P.P.P.
did not provide any evidence to the contrary.

OAL DKT. NO. EDU 10056-23
5
Based on the facts above, I CONCLUDE that the petitioner and the minor child,
E.E.P. were not domiciled in the Elizabeth Board of Education School District in the 2022-
2023 school year.
N.J.S.A. 18A:38-1(b)(1) provides that when the evidence does not support the
claim of the resident, the resident shall be assessed tuition:
Tuition shall be computed on the basis of 1/180 of the total
annual per pupil cost to the local district multiplied by the
number of days of ineligible attendance and shall be collected
in the manner in which orders of the commissioner are
enforced.
N.J.S.A. 18A:38-1(b)(1). Since the evidence does not support the claims of the
petitioner, the BOE is therefore authorized to assess tuition upon the petitioner as
required under the law. The BOE has provided the per student daily rate as $99.87 and
the number of days of ineligible attendance for E.E.P. as twenty. The total amount of
tuition reimbursement owed to the BOE is $1997.40. Based on the above facts and legal
principles cited above, I CONCLUDE that the petitioner owes the respondent the tuition
for out-of-district students for the entire 2022-23 school year.
ORDER
Based upon the foregoing, it is ORDERED that the petitioner owes the respondent
the cost of tuition for out-of-district student, E.E.P. for his attendance at the JVJ Stem
Academy in the amount of $1997.40.
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 by law is authorized
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

OAL DKT. NO. EDU 10056-23
6
such time limit is otherwise extended, this recommended decision shall become a final
decision in accordance with 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.
December 21, 2023
DATE PATRICE E. HOBBS, ALJ
Date Received at Agency: December 21, 2023
Date Mailed to Parties: December 21, 2023
lsr

OAL DKT. NO. EDU 10056-23
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APPENDIX
WITNESSES
For Petitioner:
P.P.P., petitioner
For Respondent:
William Buteau
EXHIBITS
For Petitioner:
None
For Respondent:
R-1 Elizabeth Board of Education Demographic Information for E.E.P.
R-2 Elizabeth Board of Education Attendance Records for E.E.P.
R-3 Notice of Initial Determination of Ineligibility for E.E.P.
R-4 Notice of Final Ineligibility for E.E.P.
R-5 Elizabeth Board of Education Transfer Records for E.E.P.
R-6 Investigation Notices on Pichardo Matter and Documents
R-7 Documentation received from P.P.P.
R-8 2022-2023 School Calendar