BOARD OF EDUCATION OF THE BOROUGH OF CHESILHURST, CAMDEN COUNTY V. BOARD OF EDUCATION OF THE TOWNSHIP OF WINSLOW, CAMDEN COUNTY AND PEGGY NICOLOSI, EXECUTIVE COUNTY SUPERINTENDENT, CAMDEN COUNTY, 4/17/12, (#142-12)

#142-12 (OAL Decision: http://lawlibrary.rutgers.edu/collections/oal/html/initial/edu04457-10_1.html)
BOARD OF EDUCATION OF THE 	:
BOROUGH OF CHESILHURST,
CAMDEN COUNTY, 	:
PETITIONER, 	:
V. 	: 	COMMISSIONER OF EDUCATION
BOARD OF EDUCATION OF THE 	: 	DECISION
TOWNSHIP OF WINSLOW,
CAMDEN COUNTY, 	:
RESPONDENT. 	:
SYNOPSIS
Petitioning district sought severance of its sending relationship with the respondent receiving district,
and return of its pre-kindergarten through sixth grade students to the Shirley B. Foster Elementary
School – which is located in Chesilhurst.
The ALJ found that: the claims in this matter – which are non-financial in nature and deal with the
termination of the sending-receiving relationship between the petitioner and the respondent –
are appropriately 	dismissed 	as 	a 	consequence 	of 	a 	referendum 	on 	the 	November 2011
General Election Ballot in the Borough of Chesilhurst, wherein the community voted 77 to 58 to
continue to send Chesilhurst kindergarten through sixth grade students to Winslow Township Public
Schools; 	the outcome of this referendum has rendered petitioner’s appeal moot. 	Accordingly, the
ALJ ordered the petition dismissed.
The Commissioner concurred with the ALJ’s findings and conclusion, and accordingly adopted the
Initial Decision of the OAL as the final decision in this matter. 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.
April 17, 2012

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OAL DKT. NO. EDU 4457-10
AGENCY DKT. NO. 98-5/10
BOARD OF EDUCATION OF THE 	:
BOROUGH OF CHESILHURST,
CAMDEN COUNTY, 	:
PETITIONER, 	:
V. 	: 	COMMISSIONER OF EDUCATION
BOARD OF EDUCATION OF THE 	: 	DECISION
TOWNSHIP OF WINSLOW,
CAMDEN COUNTY, 	:
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 to
the Initial Decision.
Upon full consideration, the Commissioner concurs that the claims in this matter
– which are non-financial in nature and deal with the termination of the sending-receiving
relationship 	between 	petitioner 	Chesilhurst 	and 	respondent 	Winslow 	– 	are 	appropriately
dismissed. 	In this regard, the Commissioner notes that the Administrative Law Judge and the
parties 	agree 	that 	– 	as 	a 	consequence 	of 	the 	referendum 	on 	the 	November 	8, 	2011
General Election Ballot in the Borough of Chesilhurst, where the voters were asked: 	“Do you
wish 	to 	continue 	to 	send 	Chesilhurst 	Kindergarten 	through 	Sixth 	Grade 	students 	to
Winslow Public Schools? Yes___ 	No___,” and, as confirmed by the Official Results Report,
such question received 77 Yes votes and 58 No votes – this matter has been rendered moot.

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Accordingly, the recommended decision of the OAL is adopted as the final
decision in this matter and the instant Petition of Appeal is hereby dismissed.
IT IS SO ORDERED.*
ACTING COMMISSIONER OF EDUCATION
Date of Decision: April 17, 2012
Date of Mailing: 	April 18, 2012
* This decision may be appealed to the Appellate Division of the Superior Court pursuant to P.L. 2008, c. 36
(N.J.S.A. 18A:6-9.1).