BOARD OF EDUCATION OF THE TOWN OF PHILLIPSBURG, WARREN COUNTY V. NEW JERSEY STATE DEPARTMENT OF EDUCATION, 4/21/04 (#166-04)

166-04 (Link to OAL Decision: http://lawlibrary.rutgers.edu/oal/html/initial/edu01707-04_1.html)
BOARD OF EDUCATION OF THE 	:
TOWN OF PHILLIPSBURG, WARREN
COUNTY, 	:
PETITIONER, 	:
COMMISSIONER OF EDUCATION
V. 	:
DECISION
NEW JERSEY STATE DEPARTMENT OF 	:
EDUCATION,
:
RESPONDENT.
__________________________________________:
SYNOPSIS
Petitioning ìAbbottî Board of Education appealed the Department of Educationís determination
with respect to funding for the districtís 2004-05 preschool program.
Of the nine issues in dispute, only two remained following settlement negotiations between the
parties -- additional funding for special education teachers and additional funds for an extra half
hour of preschool teachersí salaries so that children will receive the full six hours of daily
instructional time required by existing regulation. 	On these remaining issues, noting that the
State is not mandated to exclusively fund preschool in the Abbott districts, the ALJ concluded the
Department used the basic funding formula and petitioner was not entitled to more favorable
treatment. Petitioner must utilize other potential funding and exhaust municipal revenues before
applying for supplemental aid. As to the funding of the extra half hour of instructional time, the
ALJ found that the Department is only responsible for assuring funding for a six-hour
ìeducational component.î If petitioner wants to expand its preschool program beyond six hours,
it must look elsewhere for funding.
The Commissioner adopted the ALJís decision as his own.
This synopsis is not part of the Commissionerís decision. It has been prepared for the convenience of the
reader. It has been neither reviewed nor approved by the Commissioner.
April 21, 2004

OAL DKT. NO. EDU 1707-04
AGENCY DKT. NO. 53-2/04
BOARD OF EDUCATION OF THE 	:
TOWN OF PHILLIPSBURG, WARREN
COUNTY, 	:
PETITIONER, 	:
COMMISSIONER OF EDUCATION
V. 	:
DECISION
NEW JERSEY STATE DEPARTMENT OF 	:
EDUCATION,
:
RESPONDENT.
__________________________________________:
The record of this matter and the Initial Decision of the Office of Administrative
Law (OAL) have been reviewed. The Department filed ìexceptionsî to the Initial Decision,
noting only that it sought to correct the record of exhibits listed on page 13 of the Initial
Decision. 	Specifically, the Department clarifies that the exhibit identified as ìR151-R191î is
properly titled the ìThree-Year Operational Plan Instructions and Forms, School Years 2003-
2004 through 2005-2006.î 	Additionally, the exhibit identified as ìR270-R282î is an approval
letter dated January 6, 2003, rather than 2004.
Pursuant to N.J.A.C. 1:1-19.1(d), the Initial Decision is the final decision in this
matter with respect to those issues resolved between the parties. 	(Initial Decision at 2) With
respect to the two issues remaining in dispute, how costs for special education teachers serving
preschool disabled children should be funded and whether the Boardís request for funds to pay
for an additional one-half hour of teachersí salaries was properly denied, the Commissioner is
satisfied upon a full and independent review of this record, that the findings and conclusions of
the Administrative Law Judge (ALJ) are amply supported and should not be disturbed.
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Accordingly, for the reasons expressed therein, the Initial Decision is adopted,
with the minor corrections noted in respondentís exceptions as quoted above, as the final
decision in this matter.
IT IS SO ORDERED.*
COMMISSIONER OF EDUCATION
Date of Decision: 	April 21, 2004
Date of Mailing: 	April 21, 2004
* Pursuant to P.L. 2003, c.122, ìAbbottî determinations are final agency actions appealable directly to the Appellate
Division of the New Jersey Superior Court. In accordance with the June 24, 2003 Order of the Supreme Court, such
appeals must be filed within six days of the Commissionerís decision.
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