J.B., on behalf of minor child, T.B. V. BOARD OF EDUCATION OF THE BOROUGH OF WOOD-RIDGE, BERGEN COUNTY, 9/17/12, (#374-12)

#374-12 (OAL Decision: http://njlaw.rutgers.edu/collections/oal/html/initial/edu4967-12_1.html)
J.B. on behalf of minor child, T.B., 	:
PETITIONER, 	:
V. 	: 	COMMISSIONER OF EDUCATION
BOARD OF EDUCATION OF THE 	: 	DECISION
BOROUGH OF WOOD-RIDGE,
BERGEN COUNTY, 	:
RESPONDENT. 	:
SYNOPSIS
Petitioner appealed the determination of the respondent Board that her child is not eligible for a
free public education in the Wood-Ridge school district; the Board’s determination relied upon
the representation of S.B. – T.B.’s father, who is divorced from J.B. – that T.B. was living full-
time with him in Hasbrouck Heights. Petitioner contended that she and S.B. share joint custody,
but that J.B. is the “parent of primary residence.”
The ALJ was informed by the respondent Board’s attorney in a prehearing conference that there
would be no appearance on the Board’s behalf and that the respondent would rely on the
petitioner’s testimony and papers, which were presented at an ex parte hearing on June 28, 2012.
The ALJ found, inter alia, that: J.B. credibly clarified the basis for S.B.’s representation
regarding T.B.’s residency, i.e., that for a period of approximately one month during the fall of
2011, T.B. spent more time with S.B. as a result of a heated argument between T.B. and his
mother, but that T.B. has lived with J.B. since the divorce, and this is reflected on his driver’s
license and by the fact that T.B. was employed as a summer youth recreation counselor in
Wood-Ridge – a position afforded only to residents of Wood-Ridge borough; it is undisputed
that J.B. is domiciled in Wood-Ridge and is the primary guardian of T.B.; the record soundly
reflected proof of T.B.’s domicile in Wood-Ridge; and the Board did not present any evidence to
the contrary. Accordingly, the ALJ concluded that T.B. is entitled to a free public education in
Wood-Ridge schools.
Upon a full and independent review, the Commissioner concurred with the findings and
conclusion of the ALJ. 	Accordingly, the Initial Decision of the OAL was adopted as the final
decision in this case.
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.
September 17, 2012

1
OAL DKT. NO. EDU 4967-12
AGENCY DKT. NO. 30-2/12
J.B. on behalf of minor child, T.B., 	:
PETITIONER, 	:
V. 	: 	COMMISSIONER OF EDUCATION
BOARD OF EDUCATION OF THE 	: 	DECISION
BOROUGH OF WOOD-RIDGE,
BERGEN COUNTY, 	:
RESPONDENT. 	:
Upon review of the record of this matter and the Initial Decision of the Office of
Administrative Law,1 the Commissioner adopts the Initial Decision as the final decision in this
case. 	Accordingly, petitioner’s minor child, T.B., is deemed to be domiciled in respondent’s
district and respondent’s determination that T.B. was ineligible to receive a free public education
in 	Wood-Ridge is reversed.
IT IS SO ORDERED.2
COMMISSIONER OF EDUCATION
Date of Decision: September 17, 2012
Date of Mailing: 	September 18, 2012
1 Neither party filed exceptions. Indeed, respondent declined to appear at the hearing and advised that it would
accept the Commissioner’s determination.
2 	This decision may be appealed to the Superior Court, Appellate Division, pursuant to P.L. 2008, c. 36
(N.J.S.A. 18A:6-9.1).