D.F. v. Board of Education of the Black Horse Pike Regional School District, Camden County, 7/1/2024, (#254-24)

254-24
OAL Dkt. No. 04633-24
Agency Dkt. No. 50-3/24
New Jersey Commissioner of Education
Final Decision
D.F.,
Petitioner,
v.
Board of Education of the Black Horse Pike,
Regional School District, Camden County,
Respondent.
The record of this matter, and the Initial Decision of the Office of Administrative Law
(OAL), have been reviewed and considered. In this case, the petitioner filed a Pro Se Residency
Appeal, requesting that she be allowed to finish high school at Black Horse Pike Regional High
School. On April 2, 2024, the Board of Education (Board) for Black Horse Pike Regional School
District (District) filed an Answer and Counterclaim requesting tuition costs. The Board alleged
that D.F. was residing in Maple Shade, which is not a sending area of the District. Thereafter, the
matter was transmitted to the Office of Administrative Law (OAL) as a contested case.
The Administrative Law Judge (ALJ) found that petitioner failed to appear for both
telephone conferences scheduled in this matter despite having received appropriate notice of
same. Accordingly, the ALJ determined that petitioner had abandoned her appeal and returned
the file to the Office of Controversies and Disputes pursuant to N.J.A.C. 1:1-14.4(a). Further, the

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ALJ noted that the respondent Board had elected to waive its right to assess tuition against D.F.
and accepted the dismissal of petitioner’s residency appeal as the appropriate relief in this case.
Upon review, the Commissioner concurs with the ALJ’s determination that petitioner
abandoned her appeal by failing to participate in the hearings scheduled in this matter; further,
petitioner failed to sustain her burden of establishing that she was domiciled within the
Black Horse Pike Regional School District when she sought to finish high school in the District.
Accordingly, the Initial Decision is adopted as the final decision in this matter, and the
petition of appeal is hereby dismissed.
IT IS SO ORDERED.1
ACTING COMMISSIONER OF EDUCATION
Date of Decision: 	July 1, 2024
Date of Mailing: 	July 3, 2024
1 This decision may be appealed to the Appellate Division of the Superior Court pursuant to N.J.S.A. 18A:6-9.1.
Under N.J.Ct.R. 2:4-1(b), a notice of appeal must be filed with the Appellate Division within 45 days from the date
of mailing of this decision.

State of New Jersey
OFFICE OF ADMINISTRATIVE LAW
New Jersey is an Equal Opportunity Employer
INITIAL DECISION
DISMISSAL
OAL DKT. NO. EDU 04633-2024
AGENCY DKT. NO. 5003/24
D.F.,
Petitioner,
v.
BLACK HORSE PIKE REGIONAL
SCHOOL DISTRICT, BOARD OF
EDUCATION, CAMDEN COUNTY,
Respondent.
__________________________________
D.F., petitioner pro se
Daniel H. Long, Esq., for respondent (Wade, Long, Wood & Long, LLC.,
attorneys)
Record Closed: 	May 22, 2024 	Decided: May 23, 2024
BEFORE KATHLEEN M. CALEMMO, ALJ:
In accordance with N.J.A.C. 1:1-3.3(b) and 1:1-14.4(a) this tribunal is directing the
Clerk to return the case to the transmitting agency for the reasons stated below:

OAL Docket No. EDU 04633-2024
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On February 29, 2024, D.F. filed a Pro Se Residency Appeal requesting that she
be allowed to finish high school at Black Horse Pike Regional High School. 	On April 2,
2024, the Board of Education (Board) for Black Horse Pike Regional School District
(District) filed an Answer and Counterclaim requesting tuition costs. 	The Board alleged
that D.F. was residing in Maple Shade, which is not a sending area of the District.
The Department of Education, Office of Controversies and Disputes, transmitted
the appeal to the Office of Administrative Law (OAL) to be heard as a contested case.
On April 18, 2024, the case was assigned to me. 	I held the initial telephone
conference on May 7, 2024. Only Daniel H. Long, Esq, appeared on behalf of the Board.
I scheduled a second telephone conference for May 22, 2024. The notice to the parties
contained 	the 	following 	language: 	“If 	you 	do 	not 	participate 	in 	the 	telephone
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.” On May 22, 2024, only Mr. Long, on behalf of the Board,
appeared for the telephone conference.
I have had no contact from D.F. since the matter was transmitted.
In the Answer and Counterclaim, the Board was seeking tuition and costs. At the
telephone conference on May 22, 2024, Mr. Long represented that if this appeal was
dismissed, the Board would waive its request for tuition from petitioner.

OAL Docket No. EDU 04633-2024
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LEGAL ANALYSIS
Pursuant to N.J.A.C. 1:1-14.4:
(a) 	If, 	after 	appropriate 	notice, 	neither 	a 	party 	nor 	a
representative appears at any proceeding scheduled by
the Clerk or 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 shall, unless proceeding pursuant to
(d) below, direct the Clerk to return the matter to the
transmitting agency for appropriate disposition pursuant
to N.J.A.C. 1:1-3.3(b) and (c).
(b) 	If the nonappearing party submits an explanation in
writing, a copy must be served on all other parties and
the 	other 	parties 	shall 	be 	given 	an 	opportunity 	to
respond.
(c) 	If the judge receives an explanation:
1. 	If the judge concludes that there was good cause for
the failure to appear, the judge shall reschedule the
matter for hearing; or
2. 	If the judge concludes that there was no good cause
for the failure to appear, the judge may refuse to
reschedule 	the 	matter 	and 	shall 	issue 	an 	initial
decision explaining the basis for that conclusion, or
may 	reschedule 	the 	matter 	and, 	at 	his 	or 	her
discretion, order any of the following:
i. 	The payment by the delinquent representative or
party of costs in such amount as the judge shall fix, to
the State of New Jersey or the aggrieved person;
ii. 	The payment by the delinquent representative or
party of reasonable expenses, including attorney's
fees, to an aggrieved representative or party; or
iii. Such other case-related action as the judge deems
appropriate.

OAL Docket No. EDU 04633-2024
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(d) 	If the appearing party requires an initial decision on the
merits, the party shall ask the judge for permission to
present ex parte proofs. If no explanation for the failure
to appear is received, and the circumstances require a
decision on the merits, the judge may enter an initial
decision on the merits based on the ex parte proofs,
provided the failure to appear is memorialized in the
decision.
I CONCLUDE that D.F. was provided with appropriate notices of scheduled
proceedings, namely telephonic prehearing status conferences for May 7, 2024, and May
22, 2024.
I CONCLUDE that D.F. has abandoned this appeal by her failure to participate. A
plain reading of N.J.A.C. 1:1-14.4(a), therefore, requires that the matter now be returned
to the transmitting agency for appropriate disposition. See also N.J.A.C. 1:1-3.3(b).
The petitioner’s abandonment of her appeal did not extinguish respondent’s claim
for tuition and costs. N.J.S.A. 18A:38-1(b)(1) provides that when the evidence does not
support the claim of the resident, the resident shall be assessed tuition. 	In this matter,
respondent elected to waive its right to assess tuition against D.F. and accept the
dismissal of petitioner’s residency appeal as the appropriate relief.
ORDER
Based on the foregoing, I ORDER that the clerk return the case to the transmitting
agency for appropriate disposition pursuant to N.J.A.C. 1:1-3.3(b) and (c), dismissing the
residency appeal.
I 	hereby 	FILE 	this 	initial 	decision 	with 	the 	COMMISSIONER 	OF 	THE
DEPARTMENT OF EDUCATION for consideration.

OAL Docket No. EDU 04633-2024
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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
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. 	Exceptions 	may 	be 	filed 	by 	email 	to
ControversiesDisputesFilings@doe.nj.gov or by mail to Office of Controversies
and Disputes, 100 Riverview Plaza, 4th Floor, PO Box 500, Trenton, New Jersey
08625-0500. A copy of any exceptions must be sent to the judge and to the other parties.
May 23, 2024
DATE 	KATHLEEN M. CALEMMO, ALJ
Date Received at Agency:
Date Mailed to Parties:
KMC/tat