Board of Education of the City of Salem, Salem County v. Board of Education of the Bordentown Regional School District, Burlington County, 1/22/2024, (#57-24)

New Jersey Commissioner of Education
Final Decision
Board of Education of the City of Salem,
Salem County,
Petitioner,
v.
Board of Education of the Bordentown Regional
School District, Burlington County,
Respondent.
Synopsis
Petitioner, the Board of Education of the City of Salem (Salem), challenged the homelessness determination
regarding the “M” family for the 2020-2021 school year issued by the Burlington County Interim Executive
County Superintendent (IECS) in March 2021, arguing that the “M” children should not have been deemed
homeless for that period of time. 	Further, Salem argued that, should the homelessness determination be
upheld, its tuition responsibility should be credited by respondent, the Bordentown Regional School District
(Bordentown), for the amount of Application for State School Aid (ASSA) funds Salem should have received,
(but did not apply for) from the State for educating the homeless “M” students. Bordentown contended that
the homelessness determination should be upheld and that it should receive payment from Salem for the cost
of the “M” children’s tuition, transportation, and educational costs consistent with the homelessness
determination. The parties filed cross motions for summary decision.
The ALJ found, inter alia, that: there are no material facts at issue and the matter is ripe for summary decision;
the “M” family lived in Salem until July 2018, when they became homeless; they resided at a motel in Salem
until July 2019, when the mother and children moved to her parent’s home in the Bordentown school district,
where the children were registered for the 2019-2020 school year; in February 2020, the family moved to
transitional housing in Mount Holly, where they remained for the 2020-2021 school year; 	at issue here is
financial responsibility for the “M” children’s education during for 2020-2021; the determination by the IECS
that the family continued to be homeless for the 2020-2021 school year was appropriate, and Salem was the
district of residence for that school year; thus, pursuant to N.J.S.A. 18A:7B-12.1, Salem is fiscally responsible
for the four “M” children’s tuition and transportation costs for 2020-2021 from the first day of the school year
until February 26, 2021, when fiscal responsibility shifted to the State. Accordingly, the ALJ granted summary
decision to Bordentown; Salem is responsible to pay Bordentown for educating the “M” students for 2020-
2021, through the date fiscal responsibility shifted to the State; if in fact respondent sought and received any
ASSA funds for the “M” children for the 2020-2021 school year, then the amount of ASSA funding respondent
actually received for the “M” children should be credited toward the tuition costs petitioner owes respondent.
Upon review, the Commissioner adopted the Initial Decision as the final decision in this matter, dismissed the
petition, and ordered Salem to pay respondent the tuition and costs for the “M” children for 2020-2021, from
the first day of school until February 26, 2021, pursuant to N.J.S.A. 18A:7B-12.1 and N.J.S.A. 18A:38-19.
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.
57-24

57-24
OAL Dkt. No. EDU 10173-21
Agency Dkt. No. 211-11/21
New Jersey Commissioner of Education
Final Decision
Board of Education of the City of Salem,
Salem County,
Petitioner,
v.
Board of Education of the Bordentown
Regional School District, Burlington 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 careful examination, the Commissioner adopts the comprehensive Initial Decision
as the final decision in this matter for the reasons stated therein. In summary, the
Commissioner concurs with the Administrative Law Judge (ALJ) that the homelessness
determination rendered March 10, 2021, by the Interim Executive County Superintendent
(IECS) regarding the “M” family for the 2020-2021 school year was appropriate. The
Commissioner also agrees that petitioner’s school district is the school district of residence for
the “M” family for the 2020-2021 school year. Consequently, pursuant to N.J.S.A. 18A:7B-12.1,
petitioner is fiscally responsible for each of the four “M” children’s tuition and transportation

2
costs for the 2020-2021 school year from the first day of the school year until
February 26, 2021, at which time the State of New Jersey assumed fiscal responsibility.
Additionally, the Commissioner concurs with the ALJ that respondent shall not be
required to credit petitioner for Application for State School Aid (ASSA) funding for the 2020-
2021 school year that petitioner could have received for the “M” children had it applied for
same. That said, while the record fails to establish that respondent sought or received ASSA
funding for the “M” children for the 2020-2021 school year, the Commissioner concurs with the
ALJ that if in fact respondent sought and received any such funds for the “M” children for the
2020-2021 school year, then the amount of ASSA funding respondent actually received for the
“M” children shall be credited toward the tuition costs petitioner owes respondent.
Accordingly, the petition of appeal is hereby dismissed. Per N.J.S.A. 18A:7B-12.1 and
N.J.S.A. 18A:38-19, petitioner shall pay respondent the tuition and transportation costs for the
four “M” children that accrued for the 2020-2021 school year from the first day of the school
year until February 26, 2021.
IT IS SO ORDERED.1
ACTING COMMISSIONER OF EDUCATION
Date of Decision: January 22, 2024
Date of Mailing: January 24, 2024
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.

New Jersey is an Equal Opportunity Employer
INITIAL DECISION
SUMMARY DECISION
OAL DKT. NO. EDU 10173-21
AGENCY REF NO. 211-11/21
CITY OF SALEM BOARD OF EDUCATION,
Petitioner,
v.
BORDENTOWN REGIONAL
SCHOOL DISTRICT,
Respondent.
Corey E. Ahart, Esq., for petitioner (Corey E. Ahart, Esquire, Attorney at Law)
Seth N. Broder, Esq., for respondent (Broder Law Group, P.C., attorneys)
Record Closed: November 27, 2023 	Decided: December 15, 2023
BEFORE ELAINE B. FRICK, ALJ:
STATEMENT OF THE CASE
The parties have each submitted summary decision motions, asserting there are
no material facts in dispute, and that the matter can be determined as a matter of law.
Petitioner, City of Salem Board of Education (Salem) challenges the homelessness

OAL DKT. NO. EDU 10173-21
2
determination by the Interim Executive County Superintendent (IECS) of Burlington
County, issued on March 10, 2021, regarding a family with four students, for the 2020-
2021 school year. 	Salem alternatively contends that if the homeless determination is
upheld, that its tuition responsibility for the portion of the 2020-2021 school year should
be credited by respondent, Bordentown Regional School District (Bordentown) for the
amount of Application for State School Aid (ASSA) funds Salem should have received
from the State for the students. Bordentown asserts it is entitled to summary decision as
a matter of law, upholding the IECS homeless determination and it should be paid by
Salem for the cost of tuition, transportation, and educational costs, consistent with the
IECS’s determination for a portion of the 2020-2021 school year, until the date the State
assumes fiscal responsibility for the students. Bordentown opposes Salem’s contention
that it must be responsible to provide a credit to Salem for the ASSA funds Salem could
have received for the students for the 2020-2021 school year.
PROCEDURAL HISTORY
On March 10, 2021, correspondence was issued by Raymond Marini, Interim
Executive 	County 	Superintendent 	(IECS), 	Burlington 	County, 	which 	rendered 	a
determination of homelessness for the “M”1 family for the 2020-2021 school year. It was
also determined that Salem continued to be the school district of residence, with
continuing fiscal responsibility for tuition, through February 26, 2021, at which time the
State of New Jersey would become responsible for tuition. Salem submitted a petition of
appeal to the Department of Education (DOE). The matter was transmitted to the Office
of Administrative Law (OAL) where it was filed on December 14, 2021, to be heard as a
contested matter. N.J.S.A. 52:14B-1 to 14B-15 and 14F-1 to 14F-13.
Multiple telephonic conferences were conducted with the parties. 	The parties
made continuing efforts to resolve the matter. Ultimately, each sought to file a summary
decision motion, asserting that the facts are not in dispute and the matter is solely a legal
issue 	determination. 	Extensions 	for 	submissions 	were 	granted 	and 	additional
submissions were sought and received. 	Oral argument was heard via Zoom on July 13,
1 The initial of the last name of the parent is used for privacy purposes.

OAL DKT. NO. EDU 10173-21
3
2023. 	The record closed upon final review of submissions and argument on November
27, 2023.
FACTUAL DISCUSSION AND FINDINGS
The parties agreed upon the following undisputed statement of material facts, and
I thus FIND as FACTS the following:
1. 	Bordentown Regional School District Board of Education (“Bordentown”) has a
principal place of business located at 318 Ward Avenue, Bordentown, New
Jersey 08505.
2. 	Salem City Board of Education (“Salem”) has a principal place of business
located at 205 Walnut Street, Suite 408, Salem, New Jersey 08079.
3. 	Bordentown seeks partial payment/tuition for the 2020-2021 school year from
Salem for four (4) students that attend and have attended school in Bordentown
since September of 2019.
4. 	The mother and four (4) children lived in Salem City up through July of 2019,
when they were evicted and then moved to the Motor Lodge in Salem City. The
mother and four (4) children then moved to a relatives’ home located at 16
Hogback 	Road, 	Trenton, 	New 	Jersey 	08620, 	which 	was/is 	within 	the
Bordentown Regional School District.
5. 	The four (4) children registered for school in Bordentown for the 2019-2020
school year while living at the 16 Hogback Road address as of July 2019.
6. 	The family then moved from 16 Hogback Road into transitional housing in
Mount Holly, New Jersey located at 126 Cherry Street, #3, on or around
February 25, 2020.

OAL DKT. NO. EDU 10173-21
4
7. 	The family was placed there by the Board of Social Services and have lived
there since February of 2020.
8. 	The mother and four (4) students in question did not reside in Salem for any
portion of the 2019-2020 school year while attending school in Bordentown.
9. 	By letter, dated May 11, 2020, Bordentown requested of the Interim Executive
County 	Superintendent 	of 	the 	Burlington 	County 	Office, 	New 	Jersey
Department of Education, an initial determination of homelessness pursuant to
N.J.A.C. 6A:17-2.7, regarding the four (4) students whom were attending
Bordentown’s school district despite being homeless and living in transitional
housing in Mount Holly, New Jersey.
10. By letter, dated July 1, 2020, Daryl Minus-Vincent, the Interim Executive County
Superintendent of Burlington County, determined the four (4) students, and
their mother, were in fact homeless pursuant to N.J.A.C. 6A:17-2.2 and that
pursuant to N.J.A.C. 6A:17-2.8(a), Salem was the school district of residence
and financially responsible for the four (4) students.
11. It was determined that the four (4) children have never been domiciled in
another jurisdiction and Salem City must reimburse Bordentown the cost of
tuition and transportation for the 2019-2020 school year.
12. The Defendant, Salem, had ninety (90) days to appeal the determination for
the 2019-2020 school year. No appeal was filed by Salem.
13. Bordentown then on December 7, 2020, filed a lawsuit, pursuant to R. 4:67-6,
seeking reimbursement for the cost of tuition and transportation from Salem.
The matter was assigned to Judge Harrington in the Superior Court of New
Jersey, Burlington County.

OAL DKT. NO. EDU 10173-21
5
14. It was during that litigation that Judge Harrington required Salem to submit a
request for homelessness to the Executive County Superintendent for the
2020-2021 school year.
15. That determination request was filed on or about February 12, 2021.
16. A Consent Order dated November 29, 2021, was entered into between the
parties whereby it was settled and agreed that Salem would pay Bordentown
tuition for the 2019-2020 school year, with credits given to Salem for money
received by Bordentown from the State for the four (4) children’s Application
for State School Aid (“ASSA”).
17. Salem paid Bordentown the 2019-2020 tuition less the payments received from
the credits for the “ASSA.”. 	The 2019-2020 school year tuition issue was
settled.
18. The four (4) children again registered to attend Bordentown schools for the
2020-2021 school year.
19. At the time of the registration in Bordentown for the 2020-2021 school year, the
family was still living at the Mount Holly address.
20. A 	request 	for 	Determination 	of 	Domicile 	and 	Homelessness, 	or 	Non-
Homelessness, was filed with the Interim Executive County Superintendent on
February 9, 2021, as per the direction of Judge Harrington.
21. The Executive Superintendent, in a ruling dated March 10, 2021, found that
Salem is responsible for tuition per N.J.S.A. 6A:17-2.8(a) for the four (4)
children, but only through February 26, 2021, at which time the State of New
Jersey takes over responsibility.
22. There was nothing in the determination regarding any credits due Salem per
the “ASSA” or any other credits.

OAL DKT. NO. EDU 10173-21
6
23. Salem filed a timely appeal to this determination and is now pending in the
Office of Administrative Law related to the 2020-2021 school year.
(Stipulated Statement of Material Facts.)
The following additional facts were gleaned from the written submissions of the
parties or otherwise affirmed during oral argument, which I FIND as FURTHER FACTS:
The “M” family, which included the four students, was evicted from their residence
in Salem in or about June or July 2018. The family moved into a local motor lodge/motel
after the eviction, which was also located in Salem. They resided there for approximately
one year, until July 2019, when the mother and four children moved into the mother’s
parents’ home, located on Hogback Road, within the Bordentown school district. 	The
mother later explained that they moved from the motor lodge due to a domestic violence
situation and were “doubled up” at her parents’ home.
The children were registered in the Bordentown school for the 2019-2020 school
year. 	The children’s grandparents’ address on Hogback Road was used as their
residential address. The grandmother authored a handwritten note on August 15, 2019,
indicating that her daughter and her four children were living with them at the Hogback
Road address “until further notice.” 	(Exhibit C, attachment “A” of Bordentown’s Brief in
support of Summary Decision Motion.) 	Bordentown did not know at the time of
registration of the children for the 2019-2020 school year, that their living situation was
considered temporary due to the homeless status of the family.
Bordentown 	learned 	on 	February 	27, 	2020, 	by 	a 	letter 	from 	People 	First
Emergency Shelter Housing Program, that “M” family, with the four children, had been
placed in a transitional housing facility in Mt. Holly on February 25, 2020. The placement
was through a social services agency. (Exhibit H, Bordentown’s supplemental brief.)
When Bordentown learned about the placement of the children at the transitional
housing location in Mt. Holly, the school’s homeless liaison, Tina Zack, took immediate

OAL DKT. NO. EDU 10173-21
7
action the next day and spoke to the mother and completed a McKinney Vento
identification form. 	The mother confirmed the family’s last permanent address was in
Salem, where they had resided for nine years until they were evicted in approximately
June or July 2018, and the family went to live in the local motor lodge/motel in Salem.
They lived there for approximately one year, until July 2019, when the mother and children
moved due to domestic violence and moved in with the mother’s parents at Hogback
Road.
The children were registered in the Bordentown school district because the
Hogback Road home was within the Bordentown district. 	The mother and four children
lived at the Hogback Road home for six- and one-half months, until February 2020, when
the mother’s parents kicked her out of the house, and she was forced to leave with the
children due to verbal abuse from her father. (Supplemental Residency Information form,
Exhibit C, attachment D, Brief by Bordentown.) The mother explained that they were thus
forced out of that temporary housing situation and placed at the Mt. Holly transitional
housing location. The “M” family continued to reside at the transitional housing location
for more than a year, beyond February 2021.
Bordentown’s liaison, Kent, communicated with the homeless liaison for the Salem
City School District, John Bacon, and informed him of the family’s situation. 	The two
liaisons engaged in further communications, with Bordentown asserting that Salem
should be the responsible district of residence. Salem asserted that the Hogback Road
residence should be deemed the address of record, given that Bordentown accepted the
students and registered them in that school for the 2019-2020 school year. 	The two
districts continued to communicate and assert their positions on the matter, regarding
which district should be responsible for the tuition for the children.
Bordentown filed for Application for State School Aid (ASSA) for the four students,
regarding the 2019-2020 school year. 	Bordentown received ASSA funds for the 2019-
2020 school year from the state.
As of May 11, 2020, Bordentown requested an initial homelessness determination
from the Interim Executive County Superintendent, Daryl Minus-Vincent (IECS Minus-

OAL DKT. NO. EDU 10173-21
8
Vincent.). (Exhibit “A” Bordentown’s Brief.) On July 1, 2020, IECS Minus-Vincent issued
his determination that the “M” family met the criteria for homelessness outlined in N.J.A.C.
6A:17-2.2, and since the family never resided anywhere besides Salem for more than
one year and was never domiciled in another jurisdiction, Salem was the school district
of residence and financially responsible for the four students for the 2019-2020 school
year. 	(Exhibit B, Bordentown’s brief.) 	Salem did not appeal the determination. 	Salem
asserted in its supplemental brief that the appeal was not filed due to a technical malware
attack.
Communications between Bordentown and Salem about the status of the students
continued, regarding the 2020-2021 school year. 	As of October 23, 2020, Salem’s
homelessness liaison sent an email to the Bordentown liaison regarding the students’
status and whether Bordentown was claiming the students on its ASSA application for the
2020-2021 school year. 	(Exhibit M, Bordentown’s supplemental brief.) 	On October 26,
2020, Bordentown’s liaison responded, providing information that the district where the
children last resided before becoming homeless is the children’s district of residence,
which 	would 	be 	Salem, 	and 	Salem 	would 	report 	the 	students 	as 	being 	sent 	to
Bordentown. 	(Exhibit M, Bordentown’s supplemental brief.) 	The Bordentown liaison
followed up with an email to the ASSA email address, and received a reply that she was
correct in identifying Salem to be the district of residence for the students, for ASSA
purposes, and Salem having a sending/receiving relationship with Bordentown, where the
children were attending school. This confirming email information was forwarded to the
Salem liaison. (Exhibit M, Bordentown’s supplemental brief.)
Bordentown sought reimbursement for the cost of the tuition for the students from
Salem, for the 2019-2020 school year, by filing a lawsuit in Superior Court. 	During that
litigation, the Superior Court Judge required Salem to submit a request for homelessness
to the IECS for the 2020-2021 school year. That request was filed by Salem on or about
February 9, 2021. (Exhibit D Bordentown’s brief.) On March 10, 2021, IECS Raymond
Marini, issued his determination that the family continued to meet the criteria of
homelessness for the 2020-2021 school year, which would render Salem as the district
with the continuing financial responsibility. However, pursuant to 6A:17-2.8(c), after one
year, the financial responsibility would shift from Salem to the State, as of February 26,

OAL DKT. NO. EDU 10173-21
9
2021. 	(Exhibit 	F 	Bordentown’s 	brief.) 	Salem’s 	appeal 	of 	that 	homelessness
determination is at issue here.
Invoices issued from Bordentown to Salem in August of 2021, seeking payment of
tuition for the 2020-2021 school year for the “M” family students. 	(Exhibit K and L,
Bordentown’s supplement brief.)
The 	parties 	entered into 	a 	Consent 	Order 	in 	the 	Superior 	Court 	litigation,
confirming that Salem would pay the 2019-2020 tuition for the students to Bordentown,
with credit given to Salem for the ASSA funds Bordentown had received from the state.
(Exhibit E Bordentown’s brief.) 	The Consent Order was entered by a Superior Court
Judge on November 29, 2021.
Salem’s appeal in the instant matter of the homelessness determination made by
IECS Marini on March 10, 2021, was transmitted from the DOE to the OAL, and filed at
the OAL on December 14, 2021.
Arguments of the parties
Salem argues that there are two simple issues: first, the students should not have
been deemed homeless for the 2020-2021 school year, but if they are so deemed
homeless, and Salem is required to pay the partial tuition for the 2020-2021 school year
according to IECS’s decision, Salem must be credited by Bordentown for the ASSA funds,
per student, per the law, as stated in N.J.A.C. 6A:17-2.8(a) and (b). Salem claims it could
not list the four students on its ASSA application because the students were registered in
Bordentown for the 2019-2020 school year, and thus Bordentown reimbursed Salem for
that year. 	Since the students again registered in Bordentown for the 2020-2021 school
year, Bordentown should have offered reimbursement again to Salem.
It was asserted in Salem’s response to Bordentown’s supplemental submission
that the “M” family “was not really homeless when the 2019-2020 school year began”
since the family had moved in with relatives who resided in Bordentown district. 	They
were not really homeless until they were placed in transitional housing in February 2020.

OAL DKT. NO. EDU 10173-21
10
Since the homelessness was “backdated” to September of 2019, Salem contends that
the transitional housing must be backdated in this instance. Salem does recognize that
the 2019-2020 homelessness determination is not at issue here, yet has made arguments
essentially contesting that determination, in its efforts to argue against the homeless
determination made for the 2020-2021 school year, which is the determination at issue.
Salem asserts that Bordentown cannot argue that since they did not submit for the
ASSA funds, they do not have to credit Salem for any tuition. 	Rather, Bordentown was
aware of the homelessness determination yet allowed the students to register in its district
for the 2020-2021 school year. 	It had an affirmative duty to have declined such
registration and to direct the students to register in Salem. 	That would have enabled
Salem to apply for the ASSA funding.
Salem thus seeks the entry of summary decision finding Bordentown responsible
to pay the 2020-2021 school year tuition for the four students since they accepted the
students into their school, which Salem contends would deem the students’ placement as
permanent. 	However, if the IECS’s decision of March 10, 2021, is upheld, Salem shall
be entitled to receive reimbursement from Bordentown, for the ASSA funds for the four
students for the 2020-2021 school year, whether Bordentown received the funds or not.
Bordentown contends that the homelessness determination made by the IECS
was correct and should be affirmed. Salem’s obligation to pay tuition for the four students
through the 2020-2021 school year continued, pursuant to the regulations. 	The family
continued to reside in the transitional housing facility in Mt. Holly. Salem thus continued
to be financially responsible as the district of residence, as had been confirmed previously
for the 2019-2020 school year by the prior IECS, which determination was not appealed
by Salem. Bordentown cannot be held accountable to reimburse Salem for ASSA funds,
since Salem knew of the family’s status and should have applied within the required time
frame, for the ASSA funding. Bordentown thus asserts that summary decision should be
granted, with affirmation of the IECS homeless determination of March 10, 2021, and
Salem shall pay Bordentown for the partial tuition and transportation costs of the students.

OAL DKT. NO. EDU 10173-21
11
LEGAL ANALYSIS AND CONCLUSIONS
In an administrative law matter, a “party may move for summary decision upon all
or any of the substantive issues in a contested case.” N.J.A.C. 1:1-12.5(a). The motion
“shall be served with briefs and with or without supporting affidavits” and the decision
“may be rendered if the papers and discovery which have been filed, together with the
affidavits, if any, show that there is no genuine issue as to any material fact challenged
and that the moving party is entitled to prevail as a matter of law.” N.J.A.C. 1:1-12.5(b).
The non-moving party will prevail if they “set forth specific facts showing that there is a
genuine issue which can only be determined in an evidentiary proceeding.” Id.
This standard is also set forth in New Jersey Court Rule 4:46-2, regarding a motion
for 	summary 	judgment, 	which is 	substantially 	equivalent to an administrative law
summary decision motion. 	In Brill v. Guardian Life Insurance Co. of America, 142 N.J.
520, 540 (1995), the New Jersey Supreme Court stated that a motion judge determining
whether a genuine issue of material fact exists is to consider “whether the competent
evidential materials presented, when viewed in the light most favorable to the non-moving
party, are sufficient to permit a rational factfinder to resolve the alleged disputed issue in
favor of the non-moving party.”
“The ‘judge’s function is not . . . to weigh the evidence and determine the truth of
the matter but to determine whether there is a genuine issue for trial.’” Brill at 540, citing
Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249 (1986). 	“An evidentiary hearing is
mandated 	only 	when 	the 	proposed 	administrative 	action 	is 	based 	on 	disputed
adjudicatory facts.” In re Farmers’ Mutual Fire Assurance Association of New Jersey, 256
N.J. Super. 607, 618 (App. Div. 1992).
A federal law, known as the McKinney-Vento Homeless Assistance Act, 42 U.S.C.
11341, et seq., requires states to provide homeless children with access to free public
education, as available to all other students. 	The McKinney-Vento requirements are
addressed in the New Jersey Administrative Code, including the financial responsibilities
of school districts and the State, for the cost of educating homeless students.

OAL DKT. NO. EDU 10173-21
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A “homeless child” is a “child or youth who lacks a fixed, regular, and adequate
residence.” N.J.A.C. 6A:17-1.2. The regulations state that a child is homeless when they
reside in any “publicly or privately operated shelter designed to provide temporary living
accommodations” and specifies such places to be hotels or motels, congregate shelters,
or transitional housing. 	N.J.A.C. 6A:17-2.2(a)1. 	The regulations provide that a child is
homeless if they reside in “the residence of relatives or friends” when done “out of
necessity because his or her family lacks a regular or permanent residence of its own.”
N.J.A.C. 6A:17-2.2(a)3. There is no time limit on homelessness. A child will continue to
be homeless until they have a fixed, regular, and adequate primary nighttime residence.
M.O’K. and S.O’K. o/b/o K.O’K., A.O’K. and C.O’K. v. Board of Education of the Borough
of Cresskill, Bergen County and Board of Education of the Borough of Little Ferry, Bergen
County, EDU 14830-13, Comm’r Final Agency Decision (August 12, 2014).
The regulations define the “school district of residence” for a homeless child as
“the school district in which the parent or guardian of a homeless child resided prior to
becoming homeless.” N.J.A.C. 6A:17-1.2. This term is synonymous with “school district
of origin” referenced in the McKinney-Vento Homeless Education Assistance Act. Id. The
school district of residence for a homeless child shall be responsible for, among other
things, paying the cost of tuition when the child attends school in another school district,
and providing transportation for the child to get to school. N.J.A.C. 6A:17-2.3(a)2-3.
Here, Salem is asserting that the family should not have been considered
homeless since they resided for six months with other family members in the Bordentown
district and then moved to transitional housing placement in Mt. Holly. This is contrary to
the first homeless determination made in the matter for the 2019-2020, which was
unchallenged by Salem. The IECS here determined, consistent with the regulations, that
the “M” family continued to be homeless after they were evicted from their Salem
residence, then resided to a motel in Salem, then moved in with family members as a
temporary resolution due to domestic violence, then were placed in transitional housing
in Mt. Holly by a service agency. 	N.J.A.C. 6A:17-2.2(a). The housing circumstances are
undisputed. 	The family continued to lack fixed, regular, and primary housing, from the
time of their eviction from their Salem home and were placed by the social service agency

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13
into transitional housing. I thus CONCLUDE that the IECS determination that this was a
homeless family and homeless students for the 2020-2021 school year was appropriate.
Regarding the cost of tuition for homeless students, the regulations provide:
When the homeless child or youth is enrolled in a school
district other than the school district of residence, the school
district 	of 	residence 	shall 	pay 	to 	the 	school 	district 	of
enrollment the tuition costs pursuant to N.J.S.A. 18A:38-19,
until the parent establishes a permanent residence or is
deemed domiciled in another jurisdiction pursuant to N.J.S.A.
18A:38-1d. At that time, the school district of residence or the
school district in which the parent has been deemed domiciled
shall pay tuition to the school district of enrollment.
N.J.A.C. 6A:17-2.8(a).
In this matter, Salem was deemed to be the district of residence for the students.
This was determined in the first homelessness determination for the 2019-2020 school
year, by IECS Minus-Vincent. 	Salem did not appeal that determination. 	Although it
asserts it was prevented from filing due to a malware attack, there is nothing else in the
record to support that is reason why they did not appeal, nor has it been demonstrated
there was any effort made to appeal out of time.
The IECS determination in the matter at hand was rendered for the 2020-2021
school year. The family was in the same position as it was when the 2019-2020 school
year determination was made. 	The family was evicted from their Salem residence in
2018, then moved into a motel in Salem, where they resided for approximately one year,
then moved in with family in the Bordentown district, due to domestic violence. That was
a temporary move for the family, as they were doubled up and eventually had to be placed
in transitional housing in Mt. Holly due to verbal domestic abuse. 	These facts are
unchallenged. The family continued to reside in Mt. Holly through the time they again
enrolled in Bordentown for the 2020-2021 school year. 	They were still residing in the
transitional housing at the time of the March 10, 2021, homelessness determination.
Hence, the IECS determined that Salem was the continuing school district of residence
for the 2020-2021 school year. I CONCLUDE that the determination of Salem being the

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14
school district of residence was appropriate; it was consistent with the regulations; and it
was consistent with the prior unchallenged determination by the IECS for the 2019-2020
school 	year, 	when 	the 	circumstances 	remained 	unchanged 	as 	to 	the 	family’s
homelessness circumstances.
There is state funding available for the school district of residence for a homeless
family’s students, through the ASSA program.
The school district of residence shall list the child on its annual
Application for State School Aid (ASSA) pursuant to N.J.S.A.
18A:7F-33 until the parent establishes a permanent residence
or is deemed domiciled in another jurisdiction pursuant to
N.J.S.A. 18A:38-1.d. 	At that time, the school district of
residence or the school district in which the parent has been
deemed domiciled shall list the student on its ASSA.
N.J.A.C. 6A:17.28(b).
The State is required to assume fiscal responsibility for homeless students’ tuition
under circumstances identified in N.J.A.C. 6A:17-2.8(c). Such responsibility shifts to the
State when students have resided in a transitional housing facility, in a school district
other than the school district of residence, for more than a year. N.J.A.C. 6A:17-2.8(c)3.
Here, the IECS determined that as of February 26, 2021, fiscal responsible for the
students shifted from Salem to the State pursuant to N.J.A.C. 6A:17-2.8(c)3, since the
family resided in the transitional housing, in another school district, for more than a year.
Neither party disputes that determination. I thus CONCLUDE that the IECS determination
that the State must assume financial responsibility for the students as of February 26,
2021, in the midst of the 2020-2021 school year was appropriate.
Salem has been found to be the district of residence for the students and deemed
responsible for the cost of the students for a portion of the 2020-2021 school year. Since
Salem was the school district of residence, it should have listed the children on its annual
ASSA, since the parent had not established a permanent residence. 	Salem did not do
so. 	Salem contends that Bordentown acted inappropriately by enrolling the students
again for the 2020-2021 school year and should have directed them to enroll in Salem.

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15
Moreover, Salem argues it was not given a definitive answer from Bordentown as to
whether it should be filing for ASSA funds until sometime in November 2020. 	Since
Bordentown did not file for ASSA funds, and failed to advise Salem to do so, Salem further
asserts that Bordentown should be held accountable and reimburse Salem for the ASSA
funds for the four students, or otherwise credit Salem for such funds.
Salem recognizes that if the IECS decision is upheld regarding homelessness, it
will be is responsible to pay to Bordentown for having educated the students, through the
date of February 26, 2021, when the State is required to assume responsibility due to the
family having resided in transitional housing for one year as of then. 	N.J.A.C. 6A:17-
2.8(c)3. 	Bordentown argues that Salem was on notice about the circumstances of the
family; knew that Bordentown had re-registered the students; and Salem knew or should
have known that it could apply for the ASSA funds for the students for the 2020-2021
school year. Bordentown disclaims any responsibility for Salem having failed to apply for
ASSA funds for this family.
I have concluded that the IECS determination was correct in identifying Salem as
the district of residence. 	Salem had the ability to submit the family under its ASSA
application for the 2020-2021. There is no reason, or support under the regulations, that
Bordentown must be required to reimburse or credit Salem for the ASSA funds Salem
could have received. 	The districts resolved the issue for the 2019-2020 school year in
that manner because Bordentown had received ASSA funds for the family. 	That
agreement did not bind the districts to do so for the 2020-2021 school year. I CONCLUDE
that Bordentown shall not be required to credit Salem for the amount of ASSA funding
Salem could have, or should have received, had it applied for same for this family.
However, if Bordentown did list the family on its ASSA application for the 2020-2021
school year and received any such funds, the amount Bordentown actually received for
the family shall be credited towards the tuition Salem must pay for the portion of the 2020-
2021 school year. 	Bordentown would not be entitled to retain ASSA funding it actually
received for the students in question, if it did receive such funds for the 2020-2021 school
year, and then get tuition payment from Salem, which would be a double dip.

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16
As a matter of law, there are no material facts in dispute as asserted by the parties,
and this summary decision may be rendered. 	I CONCLUDE that the determination by
the IECS that the family continued to be deemed homeless for the 2020-2021 school year
was appropriate. I CONCLUDE that the determination by the IECS that Salem was the
district of residence for the 2020-2021 school year, and thus fiscally responsible for the
cost of educating the students was appropriate. I CONCLUDE that the determination by
the IECS that the fiscal responsibility for the education of the students as of February 26,
2021, shifted to the State was appropriate. 	I CONCLUDE that Salem is responsible to
pay to Bordentown the cost of Bordentown having educated the students for the partial
school year of 2020-2021, through the date fiscal responsibility shifts to the State. I
CONCLUDE Salem is not entitled to relief of holding Bordentown accountable for Salem
having failed to apply for ASSA funding and that Bordentown must credit Salem’s tuition
responsibility for what it should have received in ASSA funding. I CONCLUDE the only
circumstance where Bordentown would be required to credit Salem for ASSA funding for
the 2020-2021 school year is if Bordentown did list the family on its ASSA application for
that year and did actually receive such funding.
I CONCLUDE that summary decision in GRANTED in favor of Bordentown, and
the IECS determination of March 10, 2021, was appropriate. 	I CONCLUDE the relief
sought through summary decision by Salem is DENIED. 	I CONCLUDE Salem is thus
fiscally responsible for the portion of the 2020-2021 school year for the education of the
four students in question by Bordentown. I CONCLUDE that Bordentown is not required
to credit Salem for ASSA funds Salem could have applied for and received for the
students for the 2020-2021 school year. 	I CONCLUDE the only situation where
Bordentown would be required to credit Salem towards the cost of tuition is if Bordentown
did apply for ASSA funds for the students for the 2020-2021 school year AND actually
received and retained such funds for the students for the 2020-2021 school year.
ORDER
It is ORDERED that summary decision in favor of Bordentown is GRANTED,
consistent with the conclusions above. 	It is ORDERED that the relief sought by Salem
through summary decision is DENIED, consistent with the conclusions above.

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17
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
such time limit is otherwise extended, this recommended decision shall become a final
decision in accordance with N.J.S.A. 52:14B-10.
December 15, 2023
DATE 	ELAINE B. FRICK, ALJ
Date Received at Agency:
Date Mailed to Parties:
EBF/gd

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APPENDIX
• 	Notice of Motion for Summary Decision by City of Salem, Certification of Counsel,
Stipulated Statement of Facts, Brief in Support of Motion for Summary Decision,
dated August 5, 2022
• 	Notice of Motion for Summary Decision by Bordentown, Brief in Support of
respondent’s motion, Certification of Counsel, dated August 5, 2022
• 	Opposition response letter brief by City of Salem, dated August 26, 2022
• 	Opposition response letter brief by Bordentown, dated August 26, 2022
• 	Proposed Stipulation of Material Facts with letter request from Bordentown to
further supplement its submissions, dated December 9, 2022
• 	Letter brief supplemental response by Bordentown, with Exhibits H through L,
dated December 22, 2022
• 	Letter brief supplemental response by Salem, dated April 3, 2023