H.C., on behalf of minor children, J.C., et al. v. Board of Education of the City of Elizabeth, Union County, 6/1/2020, (#121-20)

1
121-20
New Jersey Commissioner of Education
Final Decision
H.C. on behalf of minor children,
J.C., J.C., J.C. and J.C.,
Petitioner,
v.
Board of Education of the Township of Union,
Elizabeth County,
Respondent.
Synopsis
Pro se petitioner appealed the determination of the respondent Board that H.C. and his family did not
reside within the Elizabeth School District during the 2018-2019 school year and the beginning of the
2019-2020 school year. The Board alleged that H.C. was domiciled in Rahway, not Elizabeth, during
this time period, and sought tuition reimbursement from petitioner. A hearing in the matter was held at
the Office of Administrative Law (OAL) on January 21, 2020.
The ALJ found, inter alia, that: 	pursuant to N.J.S.A. 18A:38-1(a), public school is free to children
domiciled within the school district; the domicile of a child follows that of the parent; the
Commissioner may assess tuition if a child is not entitled to attend school in the district; in the instant
case, petitioner and his family resided in an apartment in Elizabeth until the summer of 2018,
when 	they moved 	in 	with 	H.C.’s 	in-laws 	in Rahway; 	the family remained 	in 	Rahway until
November 1, 2019, when they moved into an apartment on William Street in Elizabeth; and the minor
children continued to attend school in Elizabeth for the entire 2018-2019 school year, and the
beginning of the 2019-2020 school year, while they were domiciled in Rahway. 	The ALJ concluded
that the children were not entitled to attend Elizabeth schools during the 2018-2019 school year and the
2019-2020 school year up to November 1, 2019; 	accordingly, petitioner owes respondent tuition for
this period of ineligible attendance.
Upon review of the record in this matter, the Commissioner concurred with the ALJ that petitioner failed to
sustain his burden of establishing that he was domiciled in Elizabeth during the relevant time period, and
that the children were therefore not entitled to a free public education in the District’s schools.
Accordingly, the Commissioner assessed tuition due to the Board in the total amount of $69,440 for the
education of J.C., J.C., J.C. and J.C. for the period of their ineligible attendance. 	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.
June 1, 2020

2
121-20
OAL Dkt. No. EDU 15927-19
Agency Dkt. No. 261-9/19
New Jersey Commissioner of Education
Decision
H.C., on behalf of minor children,
J.C., J.C., J.C., and J.C.,
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. The parties did not file exceptions.
Upon review, the Commissioner concurs with the Administrative Law Judge’s (ALJ)
finding that petitioner failed to sustain his burden of establishing that he was a domiciliary of Elizabeth
for the entire 2018-2019 school year and the beginning of the 2019-2020 school year, through
November 1, 2020. 	The Commissioner further concurs with the ALJ’s conclusion that the minor
children were, therefore, not entitled to a free public education in the District’s schools 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 children were ineligible to attend school in Elizabeth.
Therefore, the Board is entitled to tuition reimbursement in the total amount of $69,440 for the 2018-

3
2019 school year and the beginning of the 2019-2020 school year through November 1, 2020, during
which time petitioner’s minor children were ineligible to attend school in respondent’s district.1
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 $69,440 for tuition costs
incurred during the time period in which J.C., J.C., J.C., and J.C. were ineligible to attend school in
Elizabeth. The petition of appeal is hereby dismissed.
IT IS SO ORDERED. 2
COMMISSIONER OF EDUCATION
Date of Decision: June 1, 2020
Date of Mailing: June 2, 2020
1 The tuition is calculated as follows:
J.C. and J.C. (second grade and fourth grade): $14,245 for 2018-2019 plus $2,928.18 (37 days at a per diem rate of $79.14)
for 2019-2020 = $17,173.18 per child
J.C. (eighth grade): $14,243 for 2018-2019 plus $2,927.81 (37 days at a per diem rate of $79.13) for 2019-2020 =
$17,170.81
J.C. (tenth grade): $14,867 for 2018-2019 plus $3,055.83 (37 days at a per diem rate of $82.59) for 2019-2020 =
$17,922.83
2 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).

New Jersey is an Equal Opportunity Employer
State of New Jersey
OFFICE OF ADMINISTRATIVE LAW
INITIAL DECISION
OAL DKT. NO. EDU 15927-19
AGENCY DKT. NO. 261-9/19
H.C. ON BEHALF OF MINOR CHILDREN
J.C., J.C., J.C., AND J.C.,
Petitioner,
v.
BOARD OF EDUCATION OF THE CITY OF
ELIZABETH, UNION COUNTY,
Respondent.
__________________________________
H.C., petitioner, pro se
Christina M. DiPalo, Esq., for respondent (LaCorte, Bundy, Varady & Kinsella,
attorneys)
Record Closed: April 22, 2020 	Decided: April 22, 2020
BEFORE BARRY E. MOSCOWITZ, ALJ:
STATEMENT OF THE CASE
During the summer of 2018, petitioner H.C. and his family moved from Elizabeth,
New Jersey, to Rahway, New Jersey, where they lived until they returned to Elizabeth to
live on November 1, 2019. Should public school be free to petitioner and his children in

OAL DKT. NO. EDU 15927-19
2
Elizabeth while they lived in Rahway? 	No. 	Under N.J.S.A. 18A:38-1(a), public school
shall be free to a minor who is domiciled within the school district, and petitioner and his
family meet no exception to this law.
PROCEDURAL HISTORY
On September 12, 2019, respondent, the Board of Education of the City of
Elizabeth, reviewed petitioner’s applications for the enrollment of his four children in the
Elizabeth School District and determined that they were ineligible to attend school in the
district.
On September 23, 2019, petitioner filed an appeal with the Department of
Education, Office of Controversies and Disputes, and on October 31, 2019, respondent
filed its answer.
On November 12, 2019, the Department transmitted the case to the Office of
Administrative Law as a contested case under the Administrative Procedure Act,
N.J.S.A. 52:14B-1 to -15, and the act establishing the Office of Administrative Law,
N.J.S.A. 52:14F-1 to -23, for a hearing under the Uniform Administrative Procedure
Rules, N.J.A.C. 1:1-1.1 to -21.6.
On January 21, 2020, I held the hearing.
On 	February 	18, 	2020, 	respondent 	filed 	its 	closing 	arguments. 	Although
petitioner did not file his closing brief at that time, I kept the record open to give him the
opportunity to do so. 	To date, I have not received a closing argument from petitioner.
Accordingly, I closed the record.
FINDINGS OF FACT
Based 	on 	the 	testimony 	the 	parties 	provided, 	and 	my 	assessment 	of 	its
credibility, together with the documents the parties provided, and my assessment of
their sufficiency, I FIND the following as FACT:

OAL DKT. NO. EDU 15927-19
3
On May 29, 2019, William Buteau, an Investigator for the Elizabeth Public School
District, 	began 	an 	investigation 	of 	petitioner 	and 	his 	family 	because 	the 	District
suspected that petitioner and his family no longer resided in Elizabeth, New Jersey. 	At
that time, the address the District had on file for petitioner and his family was 911
Jackson Avenue, Elizabeth, New Jersey, and the mail was still being delivered to
petitioner and his family at that address. 	Petitioner and his family, however, were no
longer living there. 	As petitioner testified, he and his family had moved out of the
apartment at 911 Jackson Avenue to live with his in-laws in Rahway, New Jersey, from
the summer of 2018 through the summer of 2019, because the apartment at 911
Jackson Avenue was too expensive, but petitioner intended to return to Elizabeth with
his family once they found a less expensive apartment. 	Buteau discovered that the
exact address in Rahway was 300 W. Lincoln Avenue, and that utilities were opened in
the name of petitioner at that address. 	Meanwhile, petitioner’s children still attended
school in the Elizabeth public schools. 	In fact, the owner of 911 Jackson Avenue
reported that he saw petitioner’s wife drop the children off at the corner of Jackson
Avenue and Alina Street so they could take the bus to school.
On June 3, 2019, Buteau found an additional address for the family, 152
Jefferson Avenue, Elizabeth, New Jersey, and when he went to visit that address, he
discovered it was a coffee shop where petitioner’s wife worked. When asked where she
lived, she answered that she and her family were living in Rahway while an apartment
was being renovated for them in Elizabeth. The address for the apartment was 1146 E.
Grand Street. 	Given this information, Buteau advised petitioner’s wife that she and her
husband had to complete a Residency Verification Form and return it to the Board of
Education of the City of Elizabeth by June 6, 2019.
The following day, the Board sent petitioner Notices of Initial Determination of
Ineligibility for his four children.
On June 10, 2019, petitioner provided respondent with the lease to a new
apartment. The address was 1066–1068 William Street, Apartment 2-L, Elizabeth, New
Jersey, and the term of the lease was July 1, 2019, to June 30, 2020. 	Petitioner also

OAL DKT. NO. EDU 15927-19
4
provided an insurance card and a document from a utility, but the document from the
utility had no address on it.
On August 26, 2019, Buteau went to the new apartment at William Street. It is a
four-family home with two apartments upstairs and two apartments downstairs. 	Butuea
was let in by one of the tenants, who told Buteau that no one was living in apartment 2-
L. 	When Buteau knocked on the door to 2-L, no one answered. 	Meanwhile, a tenant
from 2-R opened his door and told Buteau that no one lived in 2-L. 	At the hearing,
petitioner admitted that he and his family did not move into the apartment until August 1,
2019, 	but 	petitioner 	also 	admitted 	that 	the 	apartment 	had 	not 	been 	completely
renovated until November 2019. Accordingly, petitioner and his family did not move into
the apartment until November 2019, and in fact, did not reside in Elizabeth for the entire
2018–19 school year, as well as from the beginning of the 2019–20 school year until the
beginning of November 2019.
Tuition for J.C., J.C., J.C., and J.C., as out-of-district students during this relevant
time period, is as follows:
• 	Second Grade 	$14,245 	with a per-diem rate of $79.14
• 	Fourth Grade 	$14,245 	with a per-diem rate of $79.14
• 	Eighth Grade 	$14,243 	with a per-diem rate of $79.13
• 	Tenth Grade 	$14,867 	with a per-diem rate of $82.59
CONCLUSIONS OF LAW
Public school shall be free to a minor who is domiciled within the school district,
N.J.S.A. 18A:38-1(a); New Jersey has consistently held that the domicile of the child
follows the domicile of the parent, Shim v. Rutgers, 191 N.J. 374, 399 (2007); and if a
student does not have a right to attend the school district, the Commissioner may
assess tuition, N.J.A.C. 6A:22-6.2.
In this case, petitioner and his family lived with his in-laws at 300 W. Lincoln
Avenue, 	Rahway, 	New 	Jersey, 	from 	the summer 	of 	2018 	until 	the 	beginning 	of

OAL DKT. NO. EDU 15927-19
5
November 2019. 	Yet, petitioner still sent his children to school in Elizabeth, New
Jersey. Although petitioner intended to return to Elizabeth, he never notified respondent
that he had moved. 	As such, I CONCLUDE that petitioner was domiciled in Rahway
from the summer of 2018 until the beginning of November 2019, and that petitioner
owes respondent the tuition for out-of-district students for the entire 2018–19 school
year, as well as for the period from the beginning of the 2019–20 school year until the
beginning of November 2019.
ORDER
Given my findings of fact and conclusions of law, I ORDER that petitioner owes
respondent the tuition for out-of-district students for the entire 2018–19 school year, as
well as for the period from the beginning of the 2019–20 school year until the beginning
of November 2019.
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 is authorized by law
to make a final decision in this case. 	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 under N.J.S.A. 52:14B-10.

OAL DKT. NO. EDU 15927-19
6
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.
April 22, 2020
DATE 	BARRY E. MOSCOWITZ, ALJ
Date Received at Agency: 	April 22, 2020
Date Mailed to Parties:
sej

OAL DKT. NO. EDU 15927-19
7
APPENDIX
Witnesses
For Petitioner:
H.C.
For Respondent:
William Buteau, Investigator
Documents
For Petitioner:
None
For Respondent:
R-1 	Memo to File/Summary of File/Investigative Report undated