North Arlington Board of Education, Bergen County v. M.C. and I.C., on behalf of minor child, A.C., 9/16/26 (#370-26)

370-26Njcommned

Full text

370-26
Agency Dkt. No. 182-05-26
New Jersey Commissioner of Education
Final Decision
North Arlington Board of Education, Bergen
County,
Petitioner,
v.
M.C. and I.C., on behalf of minor child, A.C.,
Respondents.
The record of this matter has been reviewed and considered. This matter concerns the
North Arlington Board of Education’s (Board) determination that M.C. and I.C. (respondents) and
A.C. were not domiciled in North Arlington from February 6, 2026, through April 24, 2026, and
its demand for payment of tuition for the period of the child’s ineligible school attendance in the
district.
On May 14, 2026, the Board filed a petition seeking tuition reimbursement from
respondents with the Office of Controversies and Disputes (Office). 	By notice dated May 14,
2026, the Office acknowledged proof that the petition had been served upon respondents and
directed them to answer within 20 days. No answer having been received, on June 18, 2026, the
Office sent respondents a second notice via email, directing them to file an answer within ten
days. The notice advised that, pursuant to N.J.A.C. 6A:3-1.5(e), failure to answer would cause
each allegation in petitioner’s papers to be deemed admitted and might result in summary
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decision by the Commissioner. No answer having been received, on July 6, 2026, the Office sent
another notice by regular and certified mail, return receipt requested. On or about July 20, 2026,
the Office received a certified mail return with a signature that appears to be M.C.’s and a delivery
date of July 11, 2026. To date, respondents have not answered Petitioner’s petition.
The petition in this matter indicates that M.C. and I.C. are the legal guardians of minor
student, A.C., and have sole physical custody of him. 	Respondents enrolled A.C. in the North
Arlington school district on or about September 22, 2025. 	After receiving reports from A.C.’s
mother that respondents resided in Newark, the Board commenced an investigation and
concluded that as of February 6, 2026, respondents no longer resided in North Arlington. The
Board contacted respondents to notify them of the results of the investigation and that the Board
would begin the disenrollment process, which includes the opportunity to be heard before the
Board. 	In response, respondents withdrew A.C. from the school district. 	His last day of
attendance was April 24, 2026. 	Respondents also completed a transfer card for A.C., which
indicated that their current address was in Newark.
The Board determined that A.C. had been enrolled in the district ineligibly for forty-six
school days from February 6, 2026, to April 24, 2026. 	The Board contends that the per pupil
tuition rate for the 2025-2026 school year is $97.07 per day, and as such, it is entitled to tuition
reimbursement in the amount of $4,466.14 ($97.07/day x 46 days). 	Respondents have not
denied these allegations; therefore, the Commissioner deems such allegations to be admitted.
See N.J.A.C. 6A:3-1.5(e). Pursuant to N.J.S.A. 18A:38-1(b), the Commissioner shall assess tuition
against respondents for the period during which A.C. was ineligible to attend school in North
Arlington.
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Upon review, the Board is entitled to tuition reimbursement in the amount of $4,466.14
for the period from February 6, 2026, to April 24, 2026, during which A.C. was ineligible to attend
school in the North Arlington school district. Respondents are directed to reimburse the Board
in the amount of $4,466.14 for tuition costs incurred.
IT IS SO ORDERED.1
COMMISSIONER OF EDUCATION
Date of Decision: 	September 16, 2026
Date of Mailing: 	September 17, 2026
1 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.

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