Search Rutgers Law Library N.J. Court Opinions

1 PISCATAWAY TOWNSHIP BOARD OF EDUCATION v. A.V. -- rank: 1000

... is "free" for school-age children "domiciled within the district." N.J.S.A. 18A:38-1(a). During the 2009-10 school year, defendants were domiciled ... court." The affidavit form was intended to obtain compliance with N.J.S.A. 18A:38-1. In the spring of 2010, A.V. accepted employment as ... the children to attend the BOE's schools for "free." N.J.S.A. 18A:38-1. Accordingly, the judge entered judgment for the BOE. The judge ... to the filing of a sworn statement with the board. N.J.S.A. 18A:38-1. When a district school superintendent or administrator "finds that the ... another person domiciled within the school district" in compliance with N.J.S.A. 18A:38-1(b)(1), the superintendent or administrator "may apply to the board of education for the removal of the child." N.J.S.A. 18A:38-1(b)(2)(emphasis added). In such circumstances, the parent ...

docket:	a2991-12
court:	NJ Superior Court Appellate Division
decided:	2015-06-11
status:	unpublished
citation:
Document Size:	37440

2 BOARD OF EDUCATION OF THE TOWNSHIP OF PISCATAWAY MIDDLESEX COUNTY v. NEW JERSEY DEPARTMENT OF EDUCATION -- rank: 964

... the school district in which they reside in accordance with N.J.S.A. 18A:38-1. This entitlement can be accomplished whether they choose to attend ...

docket:	a5427-16
court:	NJ Superior Court Appellate Division
decided:	2019-06-07
status:	Unpublished
citation:
Document Size:	68173

3 JOSHUA CRAWFORD v. LUCILLE DAVY -- rank: 886

... and districts for free public education, N.J.S.A. N.J.S.A. 18A:38-1, and requiring attendance at those schools, N.J.S.A ...

docket:	a1297-07
court:	NJ Superior Court Appellate Division
decided:	2009-11-23
status:	unpublished
citation:
Document Size:	66139

4 BOARD OF EDUCATION OF THE TOWNSHIP OF PISCATAWAY MIDDLESEX COUNTY v. A.V. and S.V., -- rank: 868

... op. at 1-2). The BOE sought tuition reimbursement under N.J.S.A. 18A:38-1(b)(2) for the children's ''ineligible attendance' in its ... that the [children are] eligible for a free education' under N.J.S.A. 18A:38-1(b)(2). The ALJ found the BOE's witnesses credible ... years of age' who are 'domiciled within the school district.' N.J.S.A. 18A:38-1(a). 'A child's domicile is normally that of his ... for a longer time than merely through the school term . . . . [N.J.S.A. 18A:38-1(b)(1).] When a board of education determines a child ... shall be entitled to an expedited hearing before the commissioner.' N.J.S.A. 18A:38-1(b)(2). In the proceedings before the commissioner, the parent ... them for a period longer than the school year. See N.J.S.A. 18A:38-1(b)(1). Thus, there was no basis in the ...

docket:	a4113-19
court:	NJ Superior Court Appellate Division
decided:	2021-09-27
status:	Unpublished
citation:
Document Size:	26525

5 BOARD OF EDUCATION OF THE BOROUGH OF MOUNTAINSIDE, UNION COUNTY - v. BOARD OF EDUCATION OF THE TOWNSHIP OF BERKELEY HEIGHTS, UNION COUNTY -- rank: 862

... to meet the obligation to provide a free public education, N.J.S.A. 18A:38-1, "any New Jersey school district[] may enter into a send ...

docket:	a6215-07
court:	superior court appellate division
decided:	2006-03-16
status:	unpublished
citation:
Document Size:	73168

6 STATE OF NEW JERSEY v. TRAMAIN L. WILLIAMS -- rank: 847

... placement [could] be decided as a matter of law.' Citing N.J.S.A. 18A:38-1, the judge noted that 'New Jersey public schools are required ...

docket:	a0600-20
court:	NJ Superior Court Appellate Division
decided:	2022-04-01
status:	Unpublished
citation:
Document Size:	40737

7 J.H.R. VS BOARD OF EDUCATION OF THE TOWNSHIP OF EAST BRUNSWICK -- rank: 844

... Act (IDEA), 20 U.S.C.A. §§1400 -1491o and N.J.S.A. 18A:38-1, to be paid for by the Board of Education of ... initiated by East Brunswick in the Office of Administrative Law, N.J.S.A. 18A:38-1. The only question should have been which school board was ... J.N., as it has the right to do under N.J.S.A. 18A:38-1, it petitioned the Commissioner, permitted J.N. to continue to ... are illusory, for there is no fee-shifting provision in N.J.S.A. 18A:38-1. Challenges to a student's domicile, absent IDEA, would not ...

docket:	a1605-96
court:	njappellate
decided:	1998-01-20
status:	published
citation:	308 N.J.Super. 100
Document Size:	81912

8 /usr/local/share/www/libweb/collections/courts/appellate/a3863-18.opn.html -- rank: 829

... issues raised in view of the governing legal principles. Citing N.J.S.A. 18A:38-1 and our decision in Somerville Bd. of Educ. v. Manville ... free to . . . persons . . . who [are] domiciled within the school district.' N.J.S.A. 18A:38-1(a). However: If the . . . school district finds that the parent ... student's ineligible attendance in the schools of the district. [N.J.S.A. 18A:38-1(b)(2).] 'Any person not resident in a school district ... school district, the board of education 'shall' seek tuition reimbursement. N.J.S.A. 18A:38-1(b)(2). The Commissioner's computation of tuition, 'shall be ...

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court:	NJ Superior Court Law/Chancery Division
decided:
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Document Size:	25601

9 BOARD OF EDUCATION OF THE TOWNSHIP OF PISCATAWAY MIDDLESEX COUNTY v. NEW JERSEY DEPARTMENT OF EDUCATION -- rank: 808

... decision upholding the OSF's residency determination. She reasoned: While N.J.S.A. 18A:38-1 governs the education of typical children, a separate statutory enactment ... yearly district of residence for these children is contrary to N.J.S.A. 18A:38-1, which makes the district where a child is domiciled responsible ... Piscataway's contention, we do not perceive any conflict between N.J.S.A. 18A:38-1, the general statute controlling the responsibility of districts to educate ... 5217 (a). Furthermore, even if there were any inconsistency between N.J.S.A. 18A:38-1 and the SFEA, we are mindful that "[w]here there ...

docket:	a1916-10
court:	NJ Superior Court Appellate Division
decided:	2012-04-19
status:	unpublished
citation:
Document Size:	34817

10 E.S. v. BOARD OF EDUCATION OF THE CITY OF LINDEN -- rank: 799

... years of age" who are "domiciled within the school district." N.J.S.A. 18A:38-1(a). "A child's domicile is normally that of his ... for a longer time than merely through the school term . . . . [ N.J.S.A. 18A:38-1(b)(1).] When a board of education determines a child ... shall be entitled to an expedited hearing before the commissioner." N.J.S.A. 18A:38-1(b)(2). In the proceedings before the commissioner, the parent ... children for a period longer than the school year. See N.J.S.A. 18A:38-1(b)(1). Thus, there was no basis in the evidence ... supported by the evidence and calculated as required pursuant to N.J.S.A. 18A:38-1(b)(2). E.S.'s remaining arguments are without sufficient ...

docket:	a0570-15
court:	NJ Superior Court Appellate Division
decided:	2017-02-09
status:	unpublished
citation:
Document Size:	25238

11 P.B.K. ON BEHALF OF MINOR CHILD E.Y. v. BOARD OF EDUCATION, BOROUGH OF TENAFLY -- rank: 790

... TO DEMONSTRATE A "FAMILY OR ECONOMIC HARDSHIP" AS REQUIRED IN N.J.S.A. 18A:38-1(b).          POINT II - PETITIONER SHOULD NOT HAVE BEEN PERMITTED TO ... in the Tenafly district under the standard set forth in N.J.S.A. 18A:38-1. We reiterate in that regard that the petitioner had not ... Tenafly's substantive arguments, we focus on the governing statute, N.J.S.A. 18A:38-1, which provides as follows:         Public schools shall be free to ... for a formal guardianship aside from satisfying the conditions of N.J.S.A. 18A:38-1(a).     We therefore concur with the determination of the State ... language "family or economic hardship" was added by amendment to N.J.S.A. 18A:38-1 by P.L. 1993, c.380. The statement by the ...

docket:	A3059-99
court:	NJ Superior Court Appellate Division
decided:	2001-08-02
status:	published
citation:	343 N.J. Super. 419
Document Size:	27038

12 BOARD OF EDUCATION OF THE TOWNSHIP OF SPARTA SUSSEX COUNTY v. M.N., on behalf of A.D - -- rank: 778

... Board filed its petition for a declaratory ruling pursuant to N.J.S.A. 18A:38-1 and N.J.A.C. 6A:8-5.2, and ... persons over five and under [twenty] years of age.' See N.J.S.A. 18A:38-1. This provision discusses the residency requirements for school districts, and ... to free public education based on residency, the language of N.J.S.A. 18A:38- -1 suggests the Legislature contemplates parents having standing to challenge public ...

docket:	a0742-21
court:	NJ Superior Court Appellate Division
decided:	2023-05-24
status:	Unpublished
citation:
Document Size:	32716

13 /usr/local/share/www/libweb/collections/courts/appellate/a5475-18.opn.html -- rank: 754

... the weight of the evidence and was arbitrary and capricious. N.J.S.A. 18A:38-1(a) provides that every person in New Jersey between the ... if a child is attending but domiciled in another district. N.J.S.A. 18A:38-1(b)(2). The parents or legal guardian of the child ... appeal involves an administrative and not a criminal proceeding. Moreover, N.J.S.A. 18A:38-1.3 authorizes a school district to request information from the ... a student attended but was not domiciled in the district. N.J.S.A. 18A:38-1(b)(2). The Commissioner's computation of tuition, 'shall be ...

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Document Size:	39822

14 T.L. v. BOARD OF EDUCATION OF THE TOWNSHIP OF UNION, UNION COUNTY -- rank: 742

... a hearing before the Board's Residency Committee, pursuant to N.J.S.A. 18A:38-1. The Residency Committee held a hearing on February 10, 2015 ... her credibility findings, as well as her conclusions of law. N.J.S.A. 18A:38-1(b)(1) provides that '[p]ublic schools shall be free ... home of another person domiciled in the district[,]' pursuant to N.J.S.A. 18A-38-1(b)(1), the superintendent or administrator 'may apply to [the Board] for the removal of the child.' N.J.S.A. 18A:38-1(b)(2). In such circumstances, the parent or guardian is ...

docket:	a5566-15
court:	NJ Superior Court Appellate Division
decided:	2017-12-27
status:	unpublished
citation:
Document Size:	48541

15 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. E.E. -- rank: 736

... years of age who are 'domiciled within the district.'' (quoting N.J.S.A. 18A:38-1(a))). A-5467-17T3 17 Therefore, as Erica resided in ...

docket:	a5467-17
court:	NJ Superior Court Appellate Division
decided:	2019-12-13
status:	Unpublished
citation:
Document Size:	43960