G.A. ON BEHALF OF MINOR CHILD, B.A. V. BOARD OF EDUCATION OF THE BOROUGH OF RIDGEFIELD, BERGEN COUNTY, 11/9/00 (#363-00)

363-00
G.A., on behalf of minor child, B.A., 	:
PETITIONER, 	:
V. 	: 	COMMISSIONER OF EDUCATION
BOARD OF EDUCATION OF THE 	: 	DECISION
BOROUGH OF RIDGEFIELD, BERGEN
COUNTY, 	:
RESPONDENT. 	:
_______________________________________:
SYNOPSIS
Petitioning parent sought to compel the Board to provide transportation to his son, B.A. 	The
Board denied responsibility to transport B.A.
At the OAL, the parties stipulated that B.A., a seventh grade student, lives on a heavily traveled
state highway with no pedestrian walkway or sidewalk and that for him to walk home he would
have to walk with traffic which would be a violation of existing law. The ALJ concluded that,
because B.A. lives more than two miles from the school as measured by a route other than State
Highway 46, he is entitled to transportation from respondent Board.
The Commissioner affirmed the determination of the ALJ that B.A. is entitled to transportation
from the Board under the factual circumstances presented in this matter.
November 9, 2000

7
OAL DKT. NO. EDU 3121-00
AGENCY DKT. NO. 51-2/00
G.A., on behalf of minor child, B.A., 	:
PETITIONER, 	:
V. 	: 	COMMISSIONER OF EDUCATION
BOARD OF EDUCATION OF THE 	: 	DECISION
BOROUGH OF RIDGEFIELD, BERGEN
COUNTY, 	:
RESPONDENT. 	:
_______________________________________:
The record and Initial Decision issued by the Office of Administrative Law have
been reviewed. No exceptions were filed by the parties.
Upon review of the record, the Commissioner agrees with and adopts as his own
the determination of the Administrative Law Judge that petitioner’s child, B.A., is, under the
factual circumstances presented herein, entitled to transportation pursuant to the requirements of
N.J.S.A. 18A:39-1 for the reasons set forth in the Initial Decision.
Accordingly, 	respondent 	is 	directed 	to 	provide 	petitioner’s 	child 	public
transportation to and from Memorial High School pursuant to the provisions of N.J.S.A. 18A:39-
1 et seq. 1
IT IS SO ORDERED. 2
COMMISSIONER OF EDUCATION
Date of Decision: November 9, 2000
Date of Mailing: November 9, 2000
1 The Commissioner notes that the provisions of N.J.S.A. 18A:39-1 et seq. that authorize parental reimbursement
relate to pupils who attend nonpublic schools.
2 This decision, as the Commissioner’s final determination, may be appealed to the State Board of Education
pursuant to N.J.S.A. 18A:6-27 et seq. and N.J.A.C. 6A:4-1.1 et seq., within 30 days of its filing. Commissioner
decisions are deemed filed three days after the date of mailing to the parties.