DIRECTIONS FOR APPEALING A LOCAL BOARD’S RESIDENCY DETERMINATION
TO THE COMMISSIONER OF EDUCATION
Statute provides for appeals of school district residency determinations to be filed within 21 days of the date of the
district’s decision.
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Therefore, time is of the essence and persons seeking to appeal should, if necessary, receive
assistance from their county offices of education. Please note that where appeal is taken from a determination of
ineligibility under N.J.S.A. 18A:38-1(b)1 (“affidavit” students), such appeal shall be filed by the resident
making
the claim of entitlement, not
by the parent or guardian.
There are two ways in which a parent/guardian/resident/adult student may file an appeal with the
Commissioner: 1) He/she may submit a standard Petition of Appeal in accordance with N.J.A.C. 6A:3-1.3 and
1.4, or 2) in the case of a petitioner acting without legal representation (“pro se”), he/she may instead submit
a letter petition in accordance with N.J.A.C. 6A:3-8.1. Both methods of filing are described below. In either case,
petitioners should be aware that they are initiating an agency hearing procedure where they, or their counsel, will
most likely be required to present testimony and evidence in support of their claim before a judge of the Office of
Administrative Law (OAL). For more information about this process, petitioners are urged to visit the OAL
website at
http://www.state.nj.us/oal/hearings.html.
STANDARD PETITION OF APPEAL (N.J.A.C. 6A:3-1.3 and 1.4)
The regulations for filing Petitions of Appeal may be obtained at a library, the local school district, the county
office of education, the Department of Education’s web site (at
http://www.state.nj.us/njded/code/title6a/chap3/) or
by mail from the Bureau of Controversies and Disputes (609-292-5706).
A standard Petition of Appeal includes: 1) The petition itself; 2) a verification and 3) proof that petitioner has
served the respondent (Board of Education) with a copy of the Petition of Appeal.
Petition: A petition is a written document, submitted in original with two copies, including the following:
a. Name, address, telephone number and fax number, if available, of the petitioner;
b. Name and address of the respondent (Board of Education);
c. Petitioner’s allegations and specific facts supporting them;
d. Signature of the petitioner, or his/her attorney; and
e. Date when the petition is prepared.
Verification: A petition must verify the facts alleged. This means that the petitioner must write or type the
statement contained in N.J.A.C. 6A:3-1.4 indicating that he/she, as petitioner, attests that the facts contained in the
petition are true to the best of his/her knowledge. He/she must then sign the statement and have it notarized.
Proof of Service: A copy of the petition must be served upon each respondent (N.J.A.C. 6A:3-1.3). In the case of
residency disputes, the Board of Education will be served. A copy should be submitted to the office of the Board
Secretary, or the Board’s attorney, if known. The petitioner should also submit to the Bureau of Controversies and
Disputes, with the Petition of Appeal, proof that respondent was served. That proof may be:
a. An acknowledgment of service (a “receipt”) signed by the attorney for the respondent
(Board), or signed and acknowledged by the respondent (Board) or its agent (e.g.
the Board Secretary) indicating the address at which the respondent was served;
b. A sworn affidavit of the person making service (mailing or delivering the petition),
indicating the address at which the respondent was served and the date and manner
of service;
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Where an appeal is filed within 21 days of the date of the district’s decision, N.J.S.A. 18A:38-1 provides that no child shall be denied
admission during the pendency of the proceedings before the Commissioner. The child shall not be removed from school during the 21-day
period in which the interested party may contest the district’s decision. However, if in the judgment of the Commissioner the evidence does
not support the claim of the petitioner, or if the appeal is withdrawn or abandoned, the Commissioner the petitioner may be assessed tuition
for the student prorated to the time of the student’s ineligible attendance in the school district. Appeals may be filed after expiration of the
21-day period, but the student’s right to attend school during the pendency of the appeal is not guaranteed by operation of statute and the
petitioner must submit an application for emergent relief in accord with N.J.A.C. 6A:3-1.6.