E.H. on behalf of minor child v. Board of Education of the South Orange-Maplewood School District, Essex County, 1/8/2024, (#41-24)

OAL Dkt. No. EDU 00259-23
Agency Dkt. No. 348-11/22
New Jersey Commissioner of Education
Final Decision
E.H., on behalf of minor child,
Petitioner,
v.
Board 	of 	Education 	of 	the 	South 	Orange-
Maplewood School District, Essex 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.
The petition in this matter is one of several that were filed in late 2022, challenging the
South Orange-Maplewood Board of Education’s (Board) decision to deny bus transportation to
certain students. 	Among other things, the petitioners alleged that their children would be
required to walk on hazardous routes to and from school and/or that they lived more than two
miles from school and therefore met the requirements to receive transportation under the
Board’s remote bussing policy. 	In September 2023, the Board revised their transportation
policies, designated additional hazardous routes, and passed a resolution approving funding to
provide transportation for preschool and elementary school students if they lived 1.25 or more
miles from their assigned schools. In light of these changes, the Administrative Law Judge (ALJ)
found that the issues raised in the appeals had been rendered moot.
41-24

Upon review, the Commissioner concurs with the ALJ that this matter is now moot.
Accordingly, the Initial Decision is adopted as the final decision in this case, and the
petition is dismissed.
IT IS SO ORDERED.1
ACTING COMMISSIONER OF EDUCATION
Date of Decision:
Date of Mailing:
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.
January 8, 2024
January 10, 2024

New Jersey is an Equal Opportunity Employer
State of New Jersey
OFFICE OF ADMINISTRATIVE LAW
INITIAL DECISION
DISMISSAL
OAL DKT. NO. EDU 00259-23
AGENCY DKT. NO. 348-11/22
E.H., ON BEHALF OF MINOR CHILD,
Petitioner,
v.
BOARD OF EDUCATION OF THE
SOUTH ORANGE-MAPLEWOOD SCHOOL
DISTRICT, ESSEX COUNTY,
Respondent
______________________________________
E.H., on behalf of minor child, petitioner, pro se
Rita Barone, Esq., for respondent (Flanagan, Barone & O’Brien, attorneys)
Record Closed: September 22, 2023 	Decided: December 18, 2023
BEFORE WILLIAM COURTNEY, ALJ:
This matter was transmitted to the Office of Administrative Law (“OAL”) on January
10, 2023, for emergent relief pursuant to N.J.S.A. 52:14B-1 to -15 and N.J.S.A. 52:14F1 to
-13. 	On January 21, 2023, the parties entered into an interim Settlement Agreement
whereby respondent South Orange-Maplewood Board of Education (“Board”) agreed to

OAL DKT. NO. EDU 00259-23
2
provide bussing services to petitioner’s child and petitioner agreed to place the Petition of
Appeal on the OAL’s inactive list. 	The parties further agreed that the Interim Agreement
would remain in effect until June 30, 2023 (the end of the 2022/2023 school year). 	The
settlement resulted in an Order of Inactivity dated February 22, 2023.
On September 22, 2023, the Board advised this tribunal that it had revised the
Board’s transportation policies and also designated additional hazardous routes. The Board
also passed a resolution approving funding to provide transportation for pre-school students
and elementary school students if they lived 1.25 miles or more from their assigned schools.
Given the approval of these policy changes and approval of the transportation
funding along with the Board’s transportation of students that live 1.25 miles or more from
their assigned schools, I FIND that the issues raised in this appeal have been rendered
moot.
I, therefore, CONCLUDE that this matter is no longer a contested case before the
OAL.
ORDER
Accordingly, it is ORDERED that this matter be and is hereby DISMISSED.
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.

OAL DKT. NO. EDU 00259-23
3
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 18, 2023
DATE 	WILLIAM COURTNEY, ALJ
Date Received at Agency: 	December 18, 2023
Date Mailed to Parties: 	December 18, 2023
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