L.H. on behalf of minor child, N.J. v. Board of Education of the City of South Amboy, Middlesex County, 5/30/25 (#282-25)

282-25
OAL Dkt. No. EDU 15970-24
Agency Dkt. No. 336-10/24
New Jersey Commissioner of Education
Final Decision
L.H., on behalf of minor child, N.J.,
Petitioner,
v.
Board of Education of the City of South Amboy,
Middlesex 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 (ALJ) that
petitioner and her minor child, N.J., were not domiciled in South Amboy between October 21,
2023 and the end of the school year in June 2024, or between the first day of school in September
2024 and March 18, 2025.1 The Commissioner further concurs with the ALJ’s conclusion that N.J.
was, therefore, not entitled to a free public education in South Amboy during that time. The
Commissioner also concurs with the ALJ that N.J. should be permitted to complete the 2024-2025
school year at South Amboy High School on a tuition basis so that he may graduate with his peers
in June 2025.
1 According to the South Amboy Public Schools district calendar, the 2023-2024 school year ended on
June 25, 2024, and the 2024-2025 school year began on September 5, 2024. See South Amboy Public
Schools 	District 	Calendar, 	https://sapublicschools.com/district-calendar?cal_date=2024-06-01,
https://sapublicschools.com/district-calendar?cal_date=2024-09-01 (last accessed May 27, 2025).

2
Pursuant to N.J.S.A. 18A:38-1(b), the Commissioner shall assess tuition against petitioner
for the time period during which N.J. was ineligible to attend school in South Amboy. The Board
is entitled to tuition reimbursement in the amount of $10,992 for the period of ineligible
attendance from October 21, 2023, through June 25, 2024 ($73.28/day x 150 days); $2,200.38
for the period of ineligible attendance from September 5, 2024, through October 20, 2024
($70.98/day x 31 days); and $6,175.26 for the period of ineligible attendance from October 21,
2024, through March 18, 2025 ($70.98/day x 87 days).2
Accordingly, the Initial Decision is adopted as the final decision in this matter, and the
petition of appeal is hereby dismissed. 	Petitioner is directed to reimburse the Board in the
amount of $19,367.64 for tuition costs incurred when N.J. was ineligible to attend school in South
Amboy. If N.J. remained or remains enrolled in the district beyond March 18, 2025, on a tuition
basis, petitioner is liable to the Board for tuition costs at the per diem rate of $70.98 for each
additional day of enrollment.
IT IS SO ORDERED.3
COMMISSIONER OF EDUCATION
Date of Decision: 	May 30, 2025
Date of Mailing: 	June 2, 2025
2 The tuition calculations are based upon information supplied in a certification by Dr. Frederick Williams,
Superintendent of Schools, which specified the per diem tuition rates for 2023-2024 and 2024-2025, as
well as the number of days of N.J.’s ineligible attendance.
3 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
SUMMARY DECISION
OAL DKT. NO. EDU 15970-24
AGENCY DKT. NO. 336-10/24
L.H. ON BEHALF OF MINOR CHILD N.J.,
Petitioner,
v.
BOARD OF EDUCATION OF THE CITY OF
SOUTH AMBOY, MIDDLESEX COUNTY,
Respondent.
____________________________________
L.H., petitioner, pro se
Douglas M. Silvestro, Esq., for respondent (Busch Law Group, LLC, attorneys)
Record Closed: March 27, 2025 Decided: April 15, 2024
BEFORE JOAN M. BURKE, ALJ:
STATEMENT OF THE CASE
L.H. on behalf of minor child N.J. challenges the determination by respondent, the
Board of Education of the City of South Amboy (Board), that N.J. is not and has not been
domiciled in the respondent’s school district. Under N.J.S.A. 18A:38-1(a), public schools
shall be free to a minor who is domiciled within the school district. The Board seeks N.J.’s

OAL DKT. NO. EDU 15970-24
2
removal from the District, as well as reimbursement for the period of ineligibility that N.J.
attended school in the district.
PROCEDURAL HISTORY
On October 2, 2024, the respondent notified petitioner L.H. that N.J. was not
entitled to a free education in the City of South Amboy Public School District (District)
because the family lives outside the District and has not lived in South Amboy for four
years. On October 21, 2024, L.H. appealed the District’s decision. On November 6,
2024, the respondent filed an answer.
On November 7, 2024, the Department of Education, Office of Controversies and
Disputes, transmitted the case to the Office of Administrative Law as a contested case
under the Administrative Procedure Act, N.J.S.A. 52:14B-1 to -15, and the act
establishing the Office of Administrative Law, N.J.S.A. 52:14F-1 to -23, for a hearing.
The matter was scheduled for a pre-hearing conference on December 10, 2024.
The petitioner requested an adjournment to obtain counsel. The matter was rescheduled
to January 16, 2025. Petitioner said she obtained an attorney but would not be able to
speak with him until January 23, 2025. The matter was scheduled for a status conference
on January 24, 2025. Subsequent status conferences were held on February 11, 2025,
and February 18, 2025. Respondent informed the tribunal of its intent to file a motion for
summary decision. A motion schedule was set for the filing of and response to the motion
for summary decision. All submissions from the parties were received by March 27, 2025.
FINDINGS OF FACT
Based on the documents submitted in support of the motion for summary decision
and the due-process petition, I FIND the following as FACT:
1. Petitioner, L.H., is the mother of N.J. and is domiciled in the city of Parlin,
New Jersey. (Pro Se Residency Appeal.)

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3
2. Dr. Frederick Williams is the superintendent of schools, South Amboy Board
of Education. (Williams Certif. at ¶ 1.)
3. The South Amboy Board of Education (Board), through its
residency/enrollment renewal process, where all enrolled students’ families
were required to resubmit proof of their residency, found out that the
petitioner’s address is not within the district. (Williams Certif. at ¶¶ 3, 4.)
4. On August 26, 2024, L.H. was notified by Dr. Williams that N.J. was not
entitled to a free education in the City of South Amboy Public School District
because “a review of documents provided as part of the district’s Residency
Renewal process reveals that your address . . . is in Parlin, NJ, which is
located within the Sayreville School District, not the South Amboy School
District.” (R-1, South Amboy Public School District Notice of Initial
Determination of Ineligibility.)
5. Petitioner claimed that the Parlin address was a temporary residence while
the South Amboy home located on Alpine Street (Alpine Home) was
undergoing renovations. (Williams Certif. at ¶ 5.)
6. The Board conducted a search of New Jersey property records and found
that the Alpine Home was sold in July 2022. (Williams Certif. at ¶ 6.)
7. On September 30, 2024, at the Board’s public meeting, the Board adopted
a resolution removing N.J. from the District based on lack of residency.
(Williams Certif. at ¶ 13.) On October 2, 2024, a final notice of ineligibility
was sent to the petitioner. (Id. at ¶ 14.)
8. Petitioner has not resided in the District since approximately July 2022.
(Williams Certif. at ¶ 6.)
9. The petitioner appealed the decision on October 21, 2024. (Pro Se
Residency Appeal.) In her appeal she stated, “attendance is being denied

OAL DKT. NO. EDU 15970-24
4
because our address is not in South Amboy currently but will be in the next
few weeks[.] [A]ttached is a Power of Attorney giving legal guardianship to
a South Amboy family friend where N.J. is currently residing.” (Ibid.)
10. The petitioner, in her response letter to the motion for summary decision,
admitted that the Alpine Home was sold in 2022. (Petitioner’s Response
Letter).
11. Petitioner at no time denied that she lives at the Parlin address. (Ibid.)
12. N.J. is a senior in high school and wrote a moving letter to this tribunal. In
part he wrote:
I was born and raised in South Amboy. For most of the time I
lived with my mother and grandmother. We planned to
renovate our residence due to the structure of the house being
very unstable and outdated. Due to inflation as a direct result
of the pandemic, the cost of all resources quadrupled in price
and we were forced to sell the house in 2022. . . . At 17 years
old I was met with the task of providing for my family where it
is usually the child who is the one who is provided for. . . .
Now I’m no judge or jury, Your Honor, I can’t tell you if my
enrollment in this school district is right or wrong, but I know
this. The potential gain of $13,000 and the removal of a model
student is at the expense of a priceless future.
[P-1.]
13. The District’s per-diem tuition rate for the South Amboy High School for the
2023–2024 school year was $73.28 per day. There were 150 school days
between October 21, 2023, and the last date of June 2024. (Williams Certif.
at ¶¶ 19, 22.)
14. The District’s per-diem tuition rate for the South Amboy High School for the
2024–2025 school year is $70.98 per day. (Williams Certif. at ¶ 18.)

OAL DKT. NO. EDU 15970-24
5
15. There were 31 school days between the first day of school for the 2024–
2025 school year and the date of the Petition. (Williams Cert. at ¶ 21.)
16. There were 87 school days between the date of the Petition and March 18,
2025. (Williams Certif. at ¶ 20.)
CONCLUSIONS OF LAW
A party may move for summary decision upon any or all of the substantive issues
in a contested case. N.J.A.C. 1:1-12.5(a). The motion for summary decision shall be
served with briefs and may be served with supporting affidavits. “The decision sought
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).
In this case, no genuine issue as to any material fact exists, and the Board is
entitled to prevail as a matter of law for the reasons stated below.
Public school shall be free to a minor who is domiciled within the school district,
N.J.S.A. 18A:38-1(a); New Jersey has consistently held that the domicile of the child
follows the domicile of the parent, Shim v. Rutgers, 191 N.J. 374, 399 (2007); and if a
student does not have a right to attend the school district, the Commissioner of the
Department of Education may assess tuition, N.J.A.C. 6A:22-6.2. The petitioner has the
burden of proof in a determination of residency ineligibility. N.J.S.A. 18A:38-1.
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.

OAL DKT. NO. EDU 15970-24
6
In this case, N.J. is domiciled in Parlin, New Jersey, with his mother, L.H. Petitioner
in her appeal stated her residence as Parlin, New Jersey. L.H. provided a power of
attorney giving legal guardianship to a friend, noting that is where the student is residing.
However, this is only for the purpose of completing the school year. Petitioner had
numerous conflicting statements: they would be at a Perth Amboy address in a few
weeks; they are not in good standing at the Parlin address; she admitted selling the South
Amboy Home in 2022; and the student is living with family friends. Petitioner, however,
has not denied that her address is in Parlin, NJ, a location that is outside of the District.
I therefore CONCLUDE that the determination of the Board that N.J. was not
domiciled in South Amboy during the following time frames—approximately 150 school
days from October 21, 2023, to the last school day in June 2024; approximately 31 school
days between the first day of school in the 2024–2025 school year and October 20, 2024
(the date of petitioner’s appeal); and approximately 87 school days since the filing of the
petition and March 18, 2025—should be upheld and the petition of appeal should be
dismissed pursuant to N.J.A.C. 1:1-14.4.
The Board asserts that it is entitled to be reimbursed for tuition for the period of
N.J.’s ineligible enrollment at South Amboy High School. When the evidence does not
support the claims of the resident, the Commissioner of Education is authorized to assess
tuition pursuant to N.J.A.C. 6A:22-6.2(a), which provides as follows:
If an appeal to the Commissioner is filed by the parent,
guardian, adult student, or school district resident keeping an
"affidavit” student and the petitioner does not sustain the
burden of demonstrating the student’s right to attend the
school district, or the petitioner withdraws the appeal, fails to
prosecute, or abandons the appeal by any means other than
settlement agreeing to waive or reduce tuition, the
Commissioner may assess tuition for the period during which
the hearing and decision on appeal were pending, and for up
to one year of a student’s ineligible attendance in a school
district prior to the appeal’s filing and including the 21-day
period to file an appeal.

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N.J.S.A. 18A:38-1(b) likewise requires that tuition be calculated on the basis of 1/180 of
the total annual per-pupil cost to the district multiplied by the number of days of ineligible
attendance.
In accordance with N.J.A.C. 1:1-14.4(d), I have accepted the proofs from the Board
relating to its tuition claim. The Board’s proofs are convincing, and its calculations are
consistent with the requirements of N.J.S.A. 18A:38-1(b) and N.J.A.C. 6A:22-6.2(a).
Therefore, I CONCLUDE that the Board has demonstrated an entitlement to tuition
reimbursement for 150 days of school attendance for N.J. for the period from October 21,
2023, through June 2024 in the amount of $10,992.00 ($73.28 X 150); tuition
reimbursement for 31 school days between September 2024 and October 20, 2024, in
the amount of $2,200.38 ($70.98 X 31); tuition reimbursement for 87 school days between
October 21, 2024, and March 18, 2025, in the amount of $6,175.26 ($70.98 X 87); and
tuition reimbursement for the amount of school days from March 19, 2025, through the
date when N.J. is disenrolled.
N.J. has requested to remain at South Amboy High School and finish the few more
months he has until graduation. This student has approximately two to three months
before the end of his school year and approximately four years of spending time at South
Amboy High School. The courts have looked favorably to continuity of education and
resolve disputes by ascertaining the best interest of the child. Levine v. Levine, 322 N.J.
Super. 558, 565–66 (App. Div. 1999), certif. denied, 163 N.J. 75 (2000). In J.E. v. J.E.,
2017 N.J. Super. Unpub. LEXIS 1110 (App. Div. May 4, 2017) (quoting Levine, 322 N.J.
Super. at 567), the court found that “a school is more than its teacher-student ratio or
State ranking. The age of its buildings, the number of computers or books in its library
and the size of its gymnasium are not determinative of the best interest of an individual
child during his or her school years. Equally, if not more important, are peer relationships,
the continuity of friends and an emotional attachment to school and community that will
hopefully stimulate intelligence and growth to expand opportunity.” This is so significant
here. This student has gone through so much, and to lose his friends and be removed
from his school and teachers in the last three months of his high school education would
be, as he puts it, “at the expense of a priceless future.”

OAL DKT. NO. EDU 15970-24
8
Moreover, in J.G. ex rel. S.G. v. Lenape Regional High School District Board of
Education, 2013 N.J. AGEN LEXIS 50 (March 4, 2013), adopted, 2013 N.J. AGEN LEXIS
453 (April 3, 2013), the administrative law judge (ALJ) found that, although the school
district properly determined that the child was ineligible to attend school due to having
moved outside of the district, “it is now March of [the child’s] senior year. Thus, fairness
dictates that [the child] should remain at [the school] until she graduates, particularly when
there is no other reason for removal.” The ALJ cited R.D.F. v. Board of Education of the
Westwood Regional School District, 1999 N.J. AGEN LEXIS 120 (February 4, 1999),
adopted, Comm’r (March 23, 1999), https://www.nj.gov/education/legal/, where the ALJ found
that the children were not entitled to a free and appropriate public education within the
school district due to being domiciled outside of the school district, and ordered that the
children should be disenrolled, unless they became eligible for attendance at the school.
However, the Commissioner, while adopting the ALJ’s decision, held that, due to the
timing of the decision being in March of the school year, the children were permitted to
complete the school year on a tuition basis, notwithstanding the parents’ option to
disenroll the child.
Based on the above, I CONCLUDE that N.J. should be permitted to complete the
school year at South Amboy High School on a tuition basis. The parent has an option to
disenroll N.J. The respondent would be entitled to further reimbursement of tuition in the
amount of $70.98 per day from March 19, 2025, through the end of the school year if N.J.
remains until the end of the school year or until he is disenrolled.
ORDER
It is ORDERED that respondent’s motion for summary decision is GRANTED and
the petition is DENIED based upon petitioner’s failure to meet her burden of proof that the
District acted arbitrarily or capriciously disputing N.J.’s entitlement to a free education in
the South Amboy Public School District.
It is further ORDERED that the Board of Education of the City of South Amboy is
entitled to tuition reimbursement from petitioner in the amount of $10,992.00 for the 150
school days N.J. attended while ineligible in the 2023–2024 school year; in the amount of

OAL DKT. NO. EDU 15970-24
9
$2,200.38 for the 31 school days N.J. attended while ineligible from the beginning of the
2024–2025 school year until the filing of the appeal (September 2024–October 20, 2024);
and in the amount of $6,175.26 for the 87 school days N.J. attended while ineligible
between October 21, 2024, and March 18, 2025.
I further ORDER that N.J. is permitted to remain at South Amboy High School to
complete his senior year, on a tuition basis. The parent has the option to disenroll N.J.
However, if N.J. remains in school until the end of the school year, the petitioner will
further reimburse the respondent tuition in the amount of $70.98 per day from March 19,
2025, through the end of the school year, or if the parent disenrolls N.J. earlier, tuition is
to be reimbursed from March 19, 2025, through the date of disenrollment.
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.
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. Exceptions may be filed by email to
ControversiesDisputesFilings@doe.nj.gov or by mail to Office of Controversies

OAL DKT. NO. EDU 15970-24
10
and Disputes, 100 Riverview Plaza, 4th Floor, PO Box 500, Trenton, New Jersey
08625-0500. A copy of any exceptions must be sent to the judge and to the other parties.
April 15, 2025
DATE JOAN M. BURKE, ALJ
Date Received at Agency:
Date Mailed to Parties:
JMB/js/jm

OAL DKT. NO. EDU 15970-24
11
APPENDIX
Exhibits
For Petitioner:
Pro Se Residency Appeal
Response letter to Motion for Summary Decision
P-1 Letter from N.J.
For Respondent:
Respondent’s Answer, Motion for Summary Decision, Brief with Certification of
Frederick Williams, Superintendent, South Amboy Board of Education
R-1 Notices to parent