G.G., on behalf of minor child, M.M. v. Board of Education of the City of Elizabeth, Union County, 3/15/2024, (#141-24)

141-24
New Jersey Commissioner of Education
Final Decision
G.G., on behalf of minor child, M.M.,
Petitioner,
v.
Board of Education of the City of Elizabeth,
Union County,
Respondent.
Synopsis
Pro se petitioner appealed the determination of the respondent Board that her minor child, M.M., was not
entitled to a free public education in Elizabeth schools during the period between December 1, 2023 and
February 12, 2024, contending that she and her child resided at an address on Bond Street in Elizabeth during
this period. The Board contended that M.M. resided in Irvington with her grandmother. The Board sought
tuition reimbursement for the period of M.M.’s alleged ineligible attendance in Elizabeth schools.
The ALJ found, inter alia, that: petitioner filed her pro se residency appeal on December 6, 2023; thereafter,
petitioner failed to appear at a scheduled in-person hearing on February 12, 2024; 	petitioner offered no
explanation for her failure to appear; the hearing proceeded on an ex parte basis to consider the Board’s
counterclaim for tuition. The ALJ concluded that petitioner has abandoned her appeal. Accordingly, the ALJ
ordered the petition dismissed; further, the ALJ granted the Board’s counterclaim for tuition and ordered the
petitioner to reimburse the Board in the amount of $4,483.35 for forty-five days of M.M.’s ineligible
attendance during the period from December 1, 2023 to February 12, 2024.
Upon review, the Commissioner adopted the Initial Decision of the OAL as the final decision in this matter and
dismissed the petition. Petitioner was ordered to reimburse the Board in the amount of $4,483.35, and the
petition was dismissed.
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.

141-24
OAL Dkt. No. EDU 00113-24
Agency Dkt. No. 336-12/23
New Jersey Commissioner of Education
Final Decision
G.G., on behalf of minor child, M.M.,
Petitioner,
v.
Board of Education of the City of Elizabeth,
Union 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’s (ALJ)
finding that petitioner abandoned her appeal and failed to sustain her burden of establishing
that she was domiciled in Elizabeth (District) between December 1, 2023 and February 12,
2024. The Commissioner further concurs with the ALJ’s conclusion that M.M. was, therefore,
not entitled to a free public education in the District during that time.
Pursuant to N.J.S.A. 18A:38-1b, the Commissioner shall assess tuition against petitioner
for the time period during which the minor child was ineligible to attend school in the District.
Therefore, the Board is entitled to tuition reimbursement in the amount of $4,483.351 for the
1 This amount is based on the per diem tuition of $99.63 listed in the District’s Notice of Final Ineligibility (Exhibit R-
8) and 45 days of ineligible attendance as testified to by the District’s investigator and shown on the District’s
2023-2024 calendar (Exhibit R-12). The Commissioner was not provided with a transcript of the testimony.

2
period from December 1, 2023 and February 12, 2024, during which time M.M. was ineligible to
attend school in the District.
Accordingly, the Initial Decision of the OAL is adopted as the final decision in this matter.
Petitioner is directed to reimburse the Board in the amount of $4,483.35. The petition of
appeal is hereby dismissed.
IT IS SO ORDERED.2
ACTING COMMISSIONER OF EDUCATION
Date of Decision: March 15, 2024
Date of Mailing: March 20, 2024
2 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
OAL DKT. NO. EDU 00113-24
AGENCY DKT. NO. 336-12/23
G. G. ON BEHALF OF MINOR CHILD, M.M.,
Petitioner,
v.
ELIZABETH BOARD OF EDUCATION,
UNION COUNTY,
Respondent.
________________________________
G.G. petitioner, pro se, failed to appear.
Brian J. Kane, Esq, for respondent (LaCorte, Bundy, Varady & Kinsella)
Record Closed: February 12, 2024 	Decided: February 14, 2024
BEFORE JOANN LASALA CANDIDO, ALAJ:
PROCEDURAL HISTORY
On December 6, 2023, petitioner, G.G., filed a residency appeal on behalf of her
child, M.M., grade 12. 	On January 2, 2024, the City of Elizabeth Board of Education
(BOE or respondent) filed an Answer with the State Department of Education (DOE)
seeking reimbursement from petitioner for the costs of tuition incurred by the attendance
of her minor child in the BOE’s school district from December 1, 2023 through February

OAL DKT. NO. EDU 00113-24
2
12, 2024, for a total of forty-five days at the per diem rate of $99.63. 	The DOE
transmitted this matter to the Office of Administrative Law (OAL) on January 2, 2024, for
determination as a contested case pursuant to N.J.S.A. 52:14F-1 to -13. 	The matter
was scheduled for an in-person hearing on February 12, 2024. 	G.G. failed to appear.
Notwithstanding, testimony was taken pertaining to the cost of the education provided
by the BOE.
FINDINGS OF FACT
Petitioner bears the burden to prove that her child was domiciled in the City of
Elizabeth. Failure to sustain that burden leaves in place and affects the findings of BOE
at its hearing regarding domicile of the child. 	Because of the petitioner’s failure to
appear at the plenary hearing, she fails to prosecute her appeal and there is no basis to
consider overturning the finding of BOE.
Timothy Kirk, the district investigator for the district testified on behalf of the BOE
in support of its counterclaim for tuition. 	Kirk was assigned to investigate this matter
when the District received a returned mail notice. (R-5) He testified that based upon his
investigation, M.M. attended high school in Elizabeth for 45 days from December 1,
2023 to February 12, 2024. (R-2) Kirk testified regarding the results of the investigation
supporting the finding that M.M. is not domiciled at the Elizabeth address provided by
petitioner, but rather resides with her grandmother in Irvington. 	Her laptop PINGED to
the Irvington address and the school but was never located at the Elizabeth address
provided by G.G. 	G.G. sent a letter to the district on December 6, 2023, referring to a
lease that provides the Elizabeth address but never provided the lease. 	Kirk witnessed
M.M. exiting and entering the home in Irvington.
BOE provided certification that the per student tuition rate for the time of the
investigation from December 1, 2023 to February 12, 2024 is $4,483.35, the daily cost
for the student is at the rate of $99.63. 	BOE has sustained its burden of proof with

OAL DKT. NO. EDU 00113-24
3
respect to its counterclaim for tuition as to M.M. for the forty-five days of attendance at
the public schools of BOE.
LEGAL ANALYSIS AND CONCLUSION
The issue in this appeal is whether M.M. was a domiciled student during the
forty-five days she attended school in Elizabeth.
Public schools are required to provide a free education to individuals between the
ages of five and twenty years in certain circumstances, including individuals who are
domiciled within the school district. 	N.J.S.A. 18A:38-1(a). 	Domicile has been defined
as the place where a person has his true, fixed, permanent home and principal
establishment, and to which whenever she is absent, she has the intention of returning.
State v. Benny, 20 N.J. 238, 250 (1955). The domicile of an unemancipated child is the
domicile of the parent, custodian, or guardian. P.B.K. o/b/o minor child E.Y. v. Board of
Ed. of Tenafly, 343 N.J. Super 419, 427 (App. Div. 2001). Thus, a child would routinely
attend school in the district where his or her parents live.
N.J.S.A. 18A:38-1(b)(2) in pertinent part reads 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.
N.J.A.C. 1:1-14.4(a) requires the withholding of any action for one day “if, after
appropriate notice, neither a party nor a representative appears at any proceeding
scheduled by the clerk or judge.” 	Thereafter, the matter may be returned to the
transmitting agency for appropriate disposition.
The petitioner has failed to appear and to appropriately prosecute the matter
brought by her. 	She has also failed to advise the reason for the nonappearance.

OAL DKT. NO. EDU 00113-24
4
Therefore, I CONCLUDE that the findings by BOE that the child in question is not
domiciled in the City of Elizabeth is in full force and effect.
N.J.S.A. 18A:38-1(b)(1) reads in pertinent part as follows:
If in the judgment of the Commissioner the evidence does not support the
claim of the resident, he shall assess the resident tuition for the student
prorated to the time of the student’s ineligible attendance in the school
district. Tuition shall be computed on the basis of 1/180 of the total annual
per pupil cost to the local district multiplied by the number of days of
ineligible attendance and shall be collected in the manner in which orders
of the Commissioner are enforced.
BOE’s proofs as to ineligibility for attendance and as to the tuition rate are
convincing 	and 	satisfy 	its 	burden 	of 	proof 	for 	the 	counterclaim. 	Therefore, 	I
CONCLUDE 	that 	G.G. 	must 	pay 	BOE 	tuition 	calculated 	at 	the 	rates 	previously
referenced for her child as to his attendance at BOE’s public school during their
ineligibility period.
ORDER
Based upon the foregoing, it is hereby ORDERED that the petition of the
petitioner, 	G.G, be 	and 	is 	hereby 	DISMISSED 	WITH 	PREJUDICE. 	It 	is 	further
ORDERED that G.G. reimburse respondent the total sum of $4,483.35 for tuition costs
associated with the attendance of her child M.M. in Elizabeth between December 1,
2023 and February 12, 2024.
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

OAL DKT. NO. EDU 00113-24
5
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, 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.
February 14, 2024
DATE 	JOANN LASALA CANDIDO, ALAJ
Date Received at Agency: 	February 14, 2024
Date Mailed to Parties: 	February 14, 2024
ljb

OAL DKT. NO. EDU 00113-24
6
APPENDIX
WITNESSES
For Petitioner:
Did not appear.
For Respondent:
Timothy Kirk
EXHIBITS
Petitioner
None
Respondent
R-1 	G.G.’s Powerschool Demographic Information
R-2 	Investigator Timothy Kirk’s Summary of Residency file dated January 18, 2024
R-3 	Elizabeth Public School’s Laptop Location Data (PING) for M.M.
R-4 	Background address check for G.G.
R-5 	Returned envelope.
R-6 	Photographs of Irvington address
R-7 	Blank Residency Verification Form
R-8 	Final Notice of Ineligibility dated December 1, 2023
R-9 	Proof of Delivery signed by G.G. at the Irvington address
R-10 	G.G.’s Residency Appeal
R-11 	Photographs of the Irvington address
R-12 	Academic Calendar for Elizabeth Public Schools