R.G., on behalf of minor child, F.G. v. Board of Education of the Township of Gloucester Public Schools, Camden County, 2/5/2024, (#100-24)

100-24
OAL Dkt. No. EDU 05923-23
Agency Dkt. No. 171-6/23
New Jersey Commissioner of Education
Final Decision
R.G., on behalf of minor child, F.G.,
Petitioner,
v.
Board of Education of the Township of
Gloucester, Camden County,
Respondent.
The record of this matter and the Initial Decision of the Office of Administrative Law
(OAL), dismissing the petitioner’s appeal for failure to appear at five scheduled appearance
before the Administrative Law Judge (ALJ), have been reviewed and considered.
The petitioner filed a pro se appeal challenging the Board’s determination that R.G. and
her child were not domiciled within the respondent Board’s school district, and that F.G. should
accordingly be disenrolled and tuition assessed for the period of F.G.’s ineligible attendance in
Gloucester Township schools. The matter was transmitted to the OAL and filed as a contested
case on July 6, 2023. Petitioner failed to appear at five pre-hearing conferences despite having
received appropriate notice of each conference date. Accordingly, the ALJ concluded that the
matter must be dismissed pursuant to N.J.A.C. 1:1-14.4 for petitioner’s failure to appear.

2
Upon review, the Commissioner concurs with the ALJ that the petition must be
dismissed. Accordingly, the Initial Decision is adopted as the final decision in this matter. The
petition of appeal is hereby dismissed.
IT IS SO ORDERED.
ACTING COMMISSIONER OF EDUCATION
Date of Decision: February 5, 2024
Date of Mailing: February 7, 2024

New Jersey is an Equal Opportunity Employer
INITIAL DECISION
DISMISSAL
OAL DKT. NO. EDU 05923-23
AGENCY DKT. NO. 171-6/23
R.G. ON BEHALF OF MINOR CHILD F.G.,
Petitioner,
v.
TOWNSHIP OF GLOUCESTER BOARD OF
EDUCATION, CAMDEN COUNTY,
Respondent.
R.G., petitioner, pro se
Daniel H. Long, Esq., for respondent (Wade, Long, Wood & Long, LLC, attorneys)
Record Closed: January 9, 2024 	Decided: January 22, 2024
BEFORE NICOLE T. MINUTOLI, ALJ:
STATEMENT OF THE CASE
Petitioner, R.G. on behalf of her minor child F.G., appeals the determination of the
respondent, the Township of Gloucester Board of Education (Board or District), that F.G.
is not domiciled in its district, should be disenrolled, and assessing all back tuition charges
for the days of illegal attendance.
State of New Jersey
OFFICE OF ADMINISTRATIVE LAW

OAL DKT. NO. EDU 05923-23
2
PROCEDURAL HISTORY
Petitioner filed an appeal with the Department of Education (Department) on June
21, 2023. The Board filed an answer on July 5, 2023. The matter was transmitted to the
Office of Administrative Law (OAL), where on July 6, 2023, it was filed as a contested
case. N.J.S.A. 52:14B-1 to -15; N.J.S.A. 52:14F-1 to -13.
A prehearing telephone conference was scheduled for July 24, 2023, but R.G.
failed to appear. She also failed to appear for a subsequent conference but appeared for
the August 30, 2023, conference, during which the parties agreed that F.G. is now
domiciled within the District. Respondent stated that it would not pursue tuition costs for
the time period F.G. was not domiciled within the District and R.G. agreed to withdraw the
appeal. The withdrawal was not received and R.G. failed to appear for the October 12,
2023, conference call.
On October 13, 2023, notice was sent to the parties of a telephone conference on
November 29, 2023, through regular mail and email. A dial-in number was provided. The
notice stated in bold and highlighted print:
If you do not participate in the prehearing conference, the
file 	will 	be 	returned 	to 	the 	transmitting 	agency 	for
appropriate action which may include imposition of the
proposed penalty or granting the relief requested by the
other party.
R.G. failed to appear for the November 29, 2023, telephone conference. 	R.G.
failed to notify my office in advance or to request an adjournment. 	During the call,
respondent stated that he continued to attempt to contact R.G. to obtain a letter of
withdrawal, without response.
On November 30, 2023, notice was sent to the parties of a telephone conference
on January 5, 2024, through regular mail and email. A dial-in number was provided. R.G.
failed to appear for the January 5, 2024, telephone conference. R.G. failed to notify my
office in advance or to request an adjournment. 	During the call, respondent stated that

OAL DKT. NO. EDU 05923-23
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F.G. is currently domiciled within the District and is therefore entitled to a free appropriate
public education (FAPE) within the Gloucester Township School District. 	Respondent
confirmed that it will not be pursuing tuition costs for the time period F.G. was not
domiciled within the District.
APPLICABLE LAW
N.J.A.C. 1:1-14.4(a) provides that if, after appropriate notice, a party does not
appear in any proceeding scheduled by a judge, the judge shall hold the matter for one
day before taking any action. 	If the judge does not receive an explanation for the
nonappearance within one day, the judge may direct the Clerk to return the matter to the
transmitting agency for appropriate disposition.1
CONCLUSION
Because the petitioner has failed to appear for five scheduled appearances before
me without providing good cause for her failure to participate, I CONCLUDE that the
appeal filed by the petitioner must be dismissed.
ORDER
Based upon the above, I ORDER that the petitioner’s appeal is 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
1 R.G. attended one scheduled conference call, where she stated, and the District confirmed, that F.G. is
now domiciled within the District and is therefore entitled to a FAPE from the Gloucester Township School
District; the residency appeal has been entirely resolved and is moot.

OAL DKT. NO. EDU 05923-23
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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.
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.
January 22, 2024
DATE 	NICOLE T. MINUTOLI, ALJ
Date Received at Agency:
Date Mailed to Parties:
NTM/dw