A.T., on behalf of minor children, K.T. and P.T. v. Board of Education of the Township of Sparta, Sussex County, 1/26/2024, (#80-24)

80-24
OAL Dkt. No. EDU 00306-21
Agency Dkt. No. 2-1/21
New Jersey Commissioner of Education
Final Decision
A.T., on behalf of minor children,
K.T. and P.T,
Petitioner,
v.
Board of Education of the Township of
Sparta, Sussex County,
Respondent.
On October 28, 2021, a final agency decision was rendered in this matter, wherein the
Commissioner found petitioner A.T. liable for tuition in the amount of $35,363.44 for the time
during the 2019-2020 school year during which petitioner’s minor children were ineligible to
attend school in the Sparta Township school district. The Sparta Township Board of Education
(Board) subsequently requested that the Commissioner seek entry of the assessment on the
judgment docket of the Superior Court pursuant to N.J.S.A. 2A:58-10.
Petitioner objected to the request, arguing that the minor children are “handicapped
and their handicap was not accommodated,” stating that “a civil action will be filed on behalf”
of the children, and requesting that a judgment not be entered at this time. However, there is
no indication that an action is currently pending. Moreover, the Commissioner’s decision
assessing tuition has been upheld by the Appellate Division and the New Jersey Supreme Court,

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such that there is no question that petitioners owe tuition to the Board. A.T., on behalf of
minor children K.T. and P.T. v. Bd. of Educ. of the Twp. of Sparta, Sussex Co., 2023 N.J Super.
Unpub. LEXIS 437 (App. Div. Mar. 24, 2023), cert. denied Nov. 14, 2023. Furthermore, pursuant
to N.J.A.C. 3A:11.1(b)(1), objections to a request for a judgment to be recorded “may not
dispute the fact that monies are owed or the amount of such monies as reflected in the final
order of assessment, but shall be limited to claims of error in the amount of judgment sought,
for example, because payments have been made that the letter of request does not reflect.”
Petitioner does not contend that she has paid the Board any portion of the amount assessed
against her.
Accordingly, pursuant to N.J.S.A. 2A:58-10, Annette Tarnawski is now subject to entry of
a judgment by the court in the amount of $35,363.44, which represents the payment ordered
by the Commissioner, with interest to accrue as provided by law.
IT IS SO ORDERED.
ACTING COMMISSIONER OF EDUCATION
Date of Decision: January 26, 2024
Date of Mailing: January 31, 2024