A.R., on behalf of minor children, J.R., D.R., D.R., and T.R. v. Board of Education of the Morris School District, Morris County and Board of Education of the Morris School District, Morris County v. G.W., on behalf of minor children, J.R., D.J.R., D.R.R. and T.E.R., 1/9/19, (#6-19)

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6-19
OAL DKT. NOS. EDU 13509-18 and EDU 15231-18 (CONSOLIDATED)
AGENCY DKT. NOS. 199-8/18 and 226-9/18
A.R., ON BEHALF OF MINOR CHILDREN, 	:
J.R., D.R., D.R., AND T.R.,
:
PETITIONER
:
V.
:
BOARD OF EDUCATION OF THE MORRIS
SCHOOL DISTRICT, MORRIS COUNTY, 	:
RESPONDENT, 	: 	COMMISSIONER OF EDUCATION
AND 	: 	DECISION
BOARD OF EDUCATION OF THE MORRIS :
SCHOOL DISTRICT, MORRIS COUNTY,
:
PETITIONER,
:
V.
:
G.W., ON BEHALF OF MINOR CHILDREN 1,
J.R., D.J.R., D.R.R., AND T.E.R., 	:
RESPONDENT. 	:
The record of this matter and the Initial Decision of the Office of Administrative
Law (OAL) have been reviewed. The parties did not file exceptions.
Upon such review, the Commissioner is in accord with the ALJ’s conclusion that
this matter is no longer a contested case before the Commissioner. 	The Board advised that the
1 	The Initial Decision in this matter incorrectly identified respondent in the second consolidated case,
EDU 15231-18, as “A.R.” A.R. is the father of the minor children whose residence was at issue in this case; the
correct respondent in EDU 15231-18 is G.W., the mother of the minor children.

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minor children are permitted to continue attending school in the District based upon a modified
custody order, and withdrew its claim for tuition.
Accordingly, the Initial Decision is adopted as the final decision in this matter and
the petition of appeal is hereby dismissed.
IT IS SO ORDERED.2
COMMISSIONER OF EDUCATION
Date of Decision: 	January 9, 2019
Date of Mailing: 	January 9, 2019
2 This decision may be appealed to the Superior Court, Appellate Division, pursuant to P.L. 2008, c. 36
(N.J.S.A. 18A:6-9.1).

New Jersey is an Equal Opportunity Employer
State of New Jersey
OFFICE OF ADMINISTRATIVE LAW
INITIAL DECISION
DISMISSAL
OAL DKT. NO. EDU 13509-18
AGENCY DKT. NO. 199-8/-18
A.R. ON BEHALF OF MINOR CHILDREN
J.R., D.R., D.R, & T.R.,
Petitioners,
v.
TOWNSHIP OF MORRISTOWN BOARD
OF EDUCATION, MORRIS COUNTY,
Respondent.
____________________________________
OAL DKT. NO. EDU 15231-18
AGENCY DKT. NO. 226-9/18
TOWNSHIP OF MORRISTOWN BOARD
OF EDUCATION, MORRIS COUNTY.,
Petitioner,
v.
A.R. ON BEHALF OF MINOR CHILDREN
J.R., D.R., D.R, & T.R., 	(CONSOLIDATED)
Respondents.
__________________________________
A.R., on behalf of minor children J.R., D.R., D.R. and T.R.
France L. Febres, Esq. for Morristown Board of Education, Morris County
Record Closed: November 7, 2018 	Decided: November 27, 2018

OAL DKT. NOs EDU 13509-18 and EDU 15231-18
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BEFORE: JOANN LASALA CANDIDO, ALAJ
STATEMENT OF THE CASE
A.R. on behalf of minor children J.R., D.R., D.R, and T.R. challenges the residency
determination made by the Township of Morristown Board of Education (“Board”). 	The
matter was transmitted to the Office of Administrative Law (OAL) under OAL Dkt. No.
EDU 13509-18 on September 12, 2018. 	The Board filed a counterclaim seeking tuition
which was transmitted to OAL on October 19, 2018, under OAL Dkt. No. EDU 15231-18.
The matters were consolidated by Prehearing Order dated October 26, 2018. A hearing
was scheduled for December 12, 2018. 	Prior to the hearing date, the Board’s attorney
sent correspondence stating:
“. . . . Please be advised that the Board has approved the students’
continued attendance based upon a modified custody order that was
recently provided to the Board. . . .”
[Said letter is attached hereto for reference.]
Accordingly, I CONCLUDE that these matters are no longer a contested case
before the Office of Administrative Law. It is therefore 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. NOs EDU 13509-18 and EDU 15231-18
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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.
November 27, 2018
DATE 	JOANN LASALA CANDIDO, ALAJ
Date Received at Agency: 	November 27, 2018
Date Mailed to Parties:
ljb