BOE TWP OF PLUMSTED, OCEAN COUNTY V. E.J.M. & W.L.M., 1/26/01 (#26-01)

26-01
BOARD OF EDUCATION OF THE 	:
TOWNSHIP OF PLUMSTED,
OCEAN COUNTY, 	:
PETITIONER, 	:
V. 	: 	COMMISSIONER OF EDUCATION
E.J.M. AND W.L.M., 	: 	DECISION
:
RESPONDENTS.
:
SYNOPSIS
Petitioning school district sought, pursuant to statute and the district's written
policy, tuition from respondents for a portion of the time their children attended
petitioner's schools prior to respondent's being domiciled in the petitioning district.
Respondents 	argued that, although 	they signed 	a form when 	enrolling 	their
children agreeing to pay tuition for their children beginning November 1, 1999 if
they were not domiciled in the district, because they were domiciled in the
petitioning district for the majority of the 1999-2000 school year, they should not
have to pay any tuition.
The ALJ determined that petitioner was entitled to tuition in the amount of $726.38
pursuant to N.J.S.A. 18A:38-1(b)(2) and the district's written policy.
The Commissioner affirmed the decision of the ALJ for the reasons set forth
therein.
January 26, 2001

9
O
AL DKT. NO. EDU 2429-00
AGENCY DKT. NO. 104-3/00
BOARD OF EDUCATION OF THE 	:
TOWNSHIP OF PLUMSTED,
OCEAN COUNTY, 	:
PETITIONER, 	:
V. 	: 	COMMISSIONER OF EDUCATION
E.J.M. AND W.L.M., 	: 	DECISION
:
RESPONDENTS.
:
The record of this matter and the Initial Decision of the Office of Administrative
Law have been reviewed. The parties did not file exceptions.
Upon 	careful 	and 	independent 	review 	of 	the 	record 	in 	this 	matter, 	the
Commissioner concurs with the Administrative Law Judge’s finding that respondents were not
domiciled in petitioner’s school district prior to November 20, 2000. 	He further concurs that
petitioner acted within the scope of its authority and consistent with its policies and procedures
in assessing tuition against respondents for their children’s attendance in district schools prior to
that date.
Accordingly, the Initial Decision of the ALJ is adopted for the reasons expressed

10
therein. 	Pursuant to N.J.S.A. 18A:38-1, the Commissioner directs that respondents reimburse
petitioner for tuition in the amount of $726.38.
IT IS SO ORDERED. *
COMMISSIONER OF EDUCATION
Date of Decision: 	January 26, 2001
Date of Mailing: 	January 26, 2001
* 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:2-1.1 et seq. Commissioner decisions are deemed filed three
days after the date of mailing to the parties.