State Board of Education Legal Decisions
| 2003 |
| JANUARY
8, 2003 |
FEBRUARY
5, 2003 |
MARCH
5, 2003 |
| APRIL
2, 2003 | APRIL 16, 2003 |
MAY
7, 2003 | MAY 14, 2003 |
JUNE
4, 2003 |
| JULY
2, 2003 |
AUGUST
6, 2003 |
SEPTEMBER
3, 2003 |
SEPTEMBER 11, 2003 |
| OCTOBER
1, 2003 |
NOVEMBER
5, 2003 |
DECEMBER
3, 2003 |

January
8, 2003
THERESA
ALFIERI AND THERESE MEZAK V. BOARD OF EDUCATION OF THE TOWNSHIP OF SADDLE
BROOK, BERGEN COUNTY, STATE BOARD DOCKET #40-01
TOWNSHIP
OF EASTAMPTON AND EASTAMPTON TOWNSHIP PLANNING BOARD V. BOARD OF EDUCATION
OF RANCOCAS VALLEY REGIONAL HIGH SCHOOL, BURLINGTON COUNTY AND NEW JERSEY
STATE DEPARTMENT OF EDUCATION, DIVISION OF FINANCE, OFFICE OF SCHOOL FACILITIES
FINANCING, STATE BOARD DOCKET #37-02
BOARD
OF EDUCATION OF THE BOROUGH OF ENGLEWOOD CLIFFS, BERGEN COUNTY V. BOARD
OF EDUCATION OF THE CITY OF ENGLEWOOD, BERGEN COUNTY V. BOARD OF EDUCATION
OF THE BOROUGH OF TENAFLY, BERGEN COUNTY, STATE BOARD DOCKET #37-88
AXEL
JOHNSON, III V. BOARD OF EDUCATION OF THE CITY OF VINELAND, CUMBERLAND
COUNTY, STATE BOARD DOCKET #36-02
D.L.
and Z.Y., on behalf of minor children, T.L. and K.L. V. BOARD OF EDUCATION
OF PRINCETON REGIONAL SCHOOL DISTRICT, MERCER COUNTY, STATE BOARD DOCKET
#40-02
IN
THE MATTER OF THE TENURE HEARING OF RUTH MEGARGEE, NEW JERSEY DEPARTMENT
OF HUMAN SERVICES and RUTH MEGARGEE V. NEW JERSEY DEPARTMENT OF HUMAN
SERVICES, STATE BOARD DOCKET #11-02
February
5, 2003
E.M.M.A.,
on behalf of minor children, M.A. and H.A. V. BOARD OF EDUCATION OF THE
TOWNSHIP OF UNION, UNION COUNTY, STATE BOARD DOCKET #33-02
MARY
LOU MARGADONNA V. BOARD OF EDUCATION OF THE TOWNSHIP OF WALL, ET AL.,
MONMOUTH COUNTY, STATE BOARD DOCKET #46-02
IN
THE MATTER OF THE REMOVAL OF VINCE ORDINI PURSUANT TO N.J.S.A. 18A:12-29(c),
EWING TOWNSHIP BOARD OF EDUCATION, MERCER COUNTY, STATE BOARD DOCKET #53-02
IN
THE MATTER OF THE TENURE HEARING OF GEORGE ZOFCHAK, SCHOOL DISTRICT OF
THE CITY OF TRENTON, MERCER COUNTY, STATE BOARD DOCKET #47-02
BOARD
OF EDUCATION OF THE BOROUGH OF ENGLEWOOD CLIFFS, BERGEN COUNTY V. BOARD
OF EDUCATION OF THE CITY OF ENGLEWOOD, BERGEN COUNTY V. BOARD OF EDUCATION
OF THE BOROUGH OF TENAFLY, BERGEN COUNTY, STATE BOARD DOCKET #37 88
March
5, 2003
IN
THE MATTER OF THE WITHDRAWAL OF THE NORTH HALEDON SCHOOL DISTRICT FROM
THE PASSAIC COUNTY MANCHESTER REGIONAL HIGH SCHOOL DISTRICT, PASSAIC COUNTY,
STATE BOARD DOCKET #2-03
BOARD
OF EDUCATION OF THE NORTHERN BURLINGTON COUNTY REGIONAL SCHOOL DISTRICT,
BURLINGTON COUNTY V. WILLIAM L. LIBRERA AND WALTER KEISS, BURLINGTON COUNTY
SUPERINTENDENT OF SCHOOLS and TOWNSHIP OF MANSFIELD, BURLINGTON COUNTY
V. WILLIAM L. LIBRERA AND WALTER KEISS, BURLINGTON COUNTY SUPERINTENDENT
OF SCHOOLS (consolidated), STATE BOARD DOCKET #24-02
R.T.,
on behalf of minor child, C.T. V. BOARD OF EDUCATION OF THE TOWNSHIP OF
HOWELL, MONMOUTH COUNTY, STATE BOARD DOCKET #52-02
IN
THE MATTER OF THE CENSURE OF EDWARD VICKNER PURSUANT TO N.J.S.A. 18A:12-29(c),
EWING TOWNSHIP BOARD OF EDUCATION, MERCER COUNTY, STATE BOARD DOCKET #32-02
April
2, 2003
IN
THE MATTER OF THE WITHHOLDING OF THE STATE SHARE OF SCHOOL FACILITIES
PROJECT COSTS UNDER N.J.S.A. 18A:7G-15 AS DEFINED IN THE GRANT AGREEMENT
BETWEEN THE ECONOMIC DEVELOPMENT AUTHORITY AND THE BOARD OF EDUCATION
OF THE TOWNSHIP OF DELANCO, STATE BOARD DOCKET #42-02
BOARD
OF EDUCATION OF THE BOROUGH OF ENGLEWOOD CLIFFS, BERGEN COUNTY V. BOARD
OF EDUCATION OF THE CITY OF ENGLEWOOD, BERGEN COUNTY V. BOARD OF EDUCATION
OF THE BOROUGH OF TENAFLY, BERGEN COUNTY, STATE BOARD DOCKET #37-88
IN
THE MATTER OF THE FINAL GRANT OF A CHARTER FOR THE ENGLEWOOD ON THE PALISADES
CHARTER SCHOOL, BERGEN COUNTY, STATE BOARD DOCKET #89-98
L.H.
AND L.H., on behalf of minor child, H.R. V. BOARD OF EDUCATION OF THE
CITY OF RAHWAY, UNION COUNTY, COMMISSIONER DAVID C. HESPE AND THE STATE
BOARD OF EDUCATION, STATE BOARD DOCKET #6-01
D.M.L.,
on behalf of minor child, V. BOARD OF EDUCATION OF UPPER TOWNSHIP, CAPE
MAY COUNTY, STATE BOARD DOCKET #48-02
IN
THE MATTER OF THE TENURE HEARING OF RALPH MC CULLOUGH, SCHOOL DISTRICT
OF THE CITY OF TRENTON, MERCER COUNTY, STATE BOARD DOCKET #39-02
M.S.
AND A.S., on behalf of minor child, B.S. V. BOARD OF EDUCATION OF THE
TOWNSHIP OF BRICK, OCEAN COUNTY, STATE BOARD DOCKET #54-02
IN
THE MATTER OF THE TENURE HEARING OF GEORGE ZOFCHAK, SCHOOL DISTRICT OF
THE CITY OF TRENTON, MERCER COUNTY, STATE BOARD DOCKET #47-02
April
16, 2003
NEW
JERSEY LUCKY TOURS, ET AL. V. ESSEX COUNTY EDUCATIONAL SERVICES COMMISSION,
ESSEX COUNTY, STATE BOARD DOCKET #10-03
May
7 , 2003
IN
THE MATTER OF THE TENURE HEARING OF ANTHONY ASHLEY, STATE-OPERATED SCHOOL
DISTRICT OF THE CITY OF JERSEY CITY, HUDSON COUNTY, STATE BOARD DOCKET
#55-02
ANDREW
T. CARRINGTON V. BOARD OF EDUCATION OF THE CITY OF PLEASANTVILLE, ATLANTIC
COUNTY, STATE BOARD DOCKET #38-02
IN
THE MATTER OF THE DENIAL OF THE ISSUANCE OF A TEACHING CERTIFICATE TO
ROBERT ELMEZZI, STATE BOARD DOCKET #51-02
IN
THE MATTER OF THE GRANT OF THE CHARTER SCHOOL APPLICATION OF THE JERSEY
SHORE CHARTER SCHOOL, MONMOUTH COUNTY, STATE BOARD DOCKET #3-03
IN
THE MATTER OF THE DENIAL OF THE ISSUANCE OF A TEACHING CERTIFICATE TO
OTTO KRUPP, STATE BOARD DOCKET #50-02
IN
THE MATTER OF THE REMOVAL OF VINCE ORDINI PURSUANT TO N.J.S.A. 18A:12-29(c),
EWING TOWNSHIP BOARD OF EDUCATION, MERCER COUNTY, STATE BOARD DOCKET #53-02
BOARD
OF EDUCATION OF THE UNION COUNTY VOCATIONAL-TECHNICAL SCHOOLS V. BOARD
OF EDUCATION OF THE CITY OF LINDEN, UNION COUNTY, STATE BOARD DOCKET #1-03
May
14, 2003
BOARD
OF EDUCATION OF THE BOROUGH OF ENGLEWOOD CLIFFS, BERGEN COUNTY V. BOARD
OF EDUCATION OF THE CITY OF ENGLEWOOD, BERGEN COUNTY V. BOARD OF EDUCATION
OF THE BOROUGH OF TENAFLY, BERGEN COUNTY, STATE BOARD DOCKET #16-03
June
4 , 2003
IN
THE MATTER OF THE GRANT OF THE CHARTER SCHOOL APPLICATION OF THE JERSEY
SHORE CHARTER SCHOOL, MONMOUTH COUNTY, STATE BOARD DOCKET #3-03
DENISE
JONES, ET AL. V. LEO F. KLAGHOLZ, COMMISSIONER OF EDUCATION, AND NEW JERSEY
STATE BOARD OF EDUCATION, STATE BOARD DOCKET #50-98
NEW
JERSEY LUCKY TOURS, ET AL. V. ESSEX COUNTY EDUCATIONAL SERVICES COMMISSION,
ESSEX COUNTY, STATE BOARD DOCKET #10-03
ANNA
PORUCHYNSKY V. BOARD OF EDUCATION OF THE TOWNSHIP OF HOLMDEL, MONMOUTH
COUNTY, STATE BOARD DOCKET #34-02
B.S.
and E.S., on behalf of minor child, J.S. V. BOARDS OF EDUCATION OF THE
BOROUGH OF WANAQUE AND THE BOROUGH OF RINGWOOD, PASSAIC COUNTY, STATE
BOARD DOCKET #11-03
DOLORES
SANCHEZ V. BOARD OF EDUCATION OF THE CITY OF CAMDEN, CAMDEN COUNTY, STATE
BOARD DOCKET #8-03
IN
THE MATTER OF THE DISQUALIFICATION FROM SCHOOL EMPLOYMENT OF THOMAS PATRICK
TUOHY, STATE BOARD DOCKET #6-03
IN
THE MATTER OF THE TENURE HEARING OF GEORGE ZOFCHAK, SCHOOL DISTRICT OF
THE CITY OF TRENTON, MERCER COUNTY, STATE BOARD DOCKET #47-02
July
2, 2003
S.A.,
on behalf of minor, R.A., R.B., on behalf of minor, E.B., S.K. on behalf
of minor, J.K, D.P., on behalf of minor, J.P., and R.Z., on behalf of
minor, D.Z. V. BOARD OF EDUCATION OF THE CITY OF GARFIELD, BERGEN COUNTY
AND NEW JERSEY STATE DEPARTMENT OF EDUCATION, STATE BOARD DOCKET #13 03
K.B.,
on behalf of minor child, H.B. V. BOARD OF EDUCATION OF THE RANCOCAS VALLEY
REGIONAL HIGH SCHOOL DISTRICT, BURLINGTON COUNTY, STATE BOARD DOCKET #87-97
and K.B., on behalf of minor child, H.B. AND GLOUCESTER COUNTY INSTITUTE
OF TECHNOLOGY V. BOARD OF EDUCATION OF THE RANCOCAS VALLEY REGIONAL HIGH
SCHOOL DISTRICT, BURLINGTON COUNTY, STATE BOARD #10-98 (consolidated)
ROSALIE
BACON, individually and on behalf of G.P., Z.P., J.B., J.B., M.B., D.B.,
AND Z.H.; JOSEPH BARUFFI, individually and on behalf of J.B.; ELIZABETH
CULLEN, individually and on behalf of T.C.; EDIE RILEY, individually and
on behalf of S.R.; ARNETTA RIDGEWAY AND CHRISTOPHER GLASS, individually
and on behalf of J.G., F.G., AND D.G.; AND BUENA REGIONAL, CLAYTON, COMMERCIAL,
EGG HARBOR CITY, HAMMONTON, FAIRFIELD, LAKEHURST, LAKEWOOD, LAWRENCE,
LITTLE EGG HARBOR, MAURICE RIVER, OCEAN, QUINTON, SALEM CITY, UPPER DEERFIELD,
WALLINGTON, AND WOODBINE SCHOOL DISTRICTS V. NEW JERSEY STATE DEPARTMENT
OF EDUCATION, STATE BOARD DOCKET #4-03
CATHOLIC
FAMILY AND COMMUNITY SERVICES, ET AL. V. NEW JERSEY STATE DEPARTMENT OF
EDUCATION, OFFICE OF COMPLIANCE, STATE BOARD DOCKET #9-03
IN
THE MATTER OF THE DENIAL OF THE ISSUANCE OF A COUNTY SUBSTITUTE CERTIFICATE
TO TRAVIS HANKS, STATE BOARD DOCKET #56-02
IN
THE MATTER OF THE GRANT OF THE CHARTER SCHOOL APPLICATION OF THE JERSEY
SHORE CHARTER SCHOOL, MONMOUTH COUNTY, STATE BOARD DOCKET #3-03
IN
THE MATTER OF THE WITHDRAWAL OF THE NORTH HALEDON SCHOOL DISTRICT FROM
THE PASSAIC COUNTY MANCHESTER REGIONAL HIGH SCHOOL DISTRICT, PASSAIC COUNTY,
STATE BOARD DOCKET #2-03
IN
THE MATTER OF THE REVOCATION OF THE TEACHING CERTIFICATES OF HAYWARD VEREEN
BY THE STATE BOARD OF EXAMINERS, STATE BOARD DOCKET #14-03
IN
THE MATTER OF THE CENSURE OF EDWARD VICKNER PURSUANT TO N.J.S.A. 18A:12-29(c),
EWING TOWNSHIP BOARD OF EDUCATION, MERCER COUNTY, STATE BOARD DOCKET #32-02
August
6 , 2003
JERRY
COHEN V. BOARD OF EDUCATION OF THE BOROUGH OF MIDDLESEX, MIDDLESEX COUNTY,
AND PATRICIA JOHNSON, SUPERINTENDENT, STATE BOARD DOCKET #15-03
IN
THE MATTER OF THE TENURE HEARING OF ADAM MUJICA, STATE-OPERATED SCHOOL
DISTRICT OF THE CITY OF PATERSON, PASSAIC COUNTY, STATE BOARD DOCKET #36-01
IN
THE MATTER OF THE PETITION OF THE PASSAIC COUNTY ELKS CEREBRAL PALSY TREATMENT
CENTER, STATE BOARD DOCKET #19-03
S.R.R.,
on his own behalf and on behalf of minor child, S.R. V. BOARD OF EDUCATION
OF THE BOROUGH OF ROSELLE, UNION COUNTY, WILLIAM L. LIBRERA, COMMISSIONER
OF EDUCATION AND NEW JERSEY STATE BOARD OF EDUCATION, STATE BOARD DOCKET
#7-03
September
3 , 2003
Z.A.,
on behalf of minor children, A.K. AND J.K. V. BOARD OF EDUCATION OF THE
VILLAGE OF RIDGEWOOD, BERGEN COUNTY, STATE BOARD DOCKET #32-03
IN
THE MATTER OF THE DENIAL OF THE ISSUANCE OF A TEACHING CERTIFICATE TO
ROBERT ELMEZZI, STATE BOARD DOCKET #51-02
IN
THE MATTER OF THE DIVISION OF ASSETS AND LIABILITIES AMONG THE CONSTITUENT
DISTRICTS OF LOWER CAMDEN COUNTY REGIONAL HIGH SCHOOL DISTRICT NO. 1,
CAMDEN COUNTY, STATE BOARD DOCKET #20-03
PASCACK
VALLEY REGIONAL EDUCATION ASSOCIATION V. BOARD OF EDUCATION OF THE PASCACK
VALLEY REGIONAL HIGH SCHOOL DISTRICT, BERGEN COUNTY AND MANUEL FERREIRA,
STATE BOARD DOCKET #12-03
IN
THE MATTER OF THE DENIAL OF THE ISSUANCE OF A TEACHING CERTIFICATE TO
WILLIAM J. TIERNEY, STATE BOARD DOCKET #17-03
IN
THE MATTER OF THE REVOCATION OF THE TEACHING CERTIFICATES OF HAYWARD VEREEN
BY THE STATE BOARD OF EXAMINERS, STATE BOARD DOCKET #14-03
September
11, 2003
M.W.,
on behalf of minor child, T.W. V. BOARD OF EDUCATION OF THE TOWN OF HAMMONTON,
ATLANTIC COUNTY, STATE BOARD DOCKET #34-03
October
1, 2003
IN
THE MATTER OF THE DIVISION OF ASSETS AND LIABILITIES AMONG THE CONSTITUENT
DISTRICTS OF LOWER CAMDEN COUNTY REGIONAL HIGH SCHOOL DISTRICT NO. 1,
CAMDEN COUNTY, STATE BOARD DOCKET #20-03
LEONARD
J. MARANO V. NEW JERSEY STATE DEPARTMENT OF EDUCATION, STATE BOARD DOCKET
#27-03
IN
THE MATTER OF THE REVOCATION OF THE COUNTY SUBSTITUTE CERTIFICATE OF JEFFREY
WEINGARTEN, STATE BOARD DOCKET #4-01
November
5, 2003
M.R.A., on behalf of minor child, F.R.A. V. BOARD OF EDUCATION OF THE CITY OF CLIFTON, PASSAIC COUNTY, STATE BOARD DOCKET #22-03
ROSALIE BACON, individually and on behalf of G.P., Z.P., J.B., J.B., M.B., D.B., AND Z.H.; JOSEPH BARUFFI, individually and on behalf of J.B.; ELIZABETH CULLEN, individually and on behalf of T.C.; EDIE RILEY, individually and on behalf of S.R.; ARNETTA RIDGEWAY AND CHRISTOPHER GLASS, individually and on behalf of J.G., F.G., AND D.G.; AND BUENA REGIONAL, CLAYTON, COMMERCIAL, EGG HARBOR CITY, HAMMONTON, FAIRFIELD, LAKEHURST, LAKEWOOD, LAWRENCE, LITTLE EGG HARBOR, MAURICE RIVER, OCEAN, QUINTON, SALEM CITY, UPPER DEERFIELD, WALLINGTON, AND WOODBINE SCHOOL DISTRICTS V. NEW JERSEY STATE DEPARTMENT OF EDUCATION, STATE BOARD DOCKET #4-03
VICTOR EISENBERG V. BOARD OF EDUCATION OF THE BOROUGH OF FORT LEE, BERGEN COUNTY, JOHN C. RICHARDSON, ROBERT TAGLIERI AND JOAN VOSS, STATE BOARD DOCKET #43-02
IN THE MATTER OF THE GRANT OF THE CHARTER SCHOOL APPLICATION OF THE JERSEY SHORE CHARTER SCHOOL, MONMOUTH COUNTY, STATE BOARD DOCKET #3-03
BOARD OF EDUCATION OF THE BOROUGH OF LINCOLN PARK, MORRIS COUNTY V. BOARD OF EDUCATION OF THE TOWN OF BOONTON, MORRIS COUNTY AND NEW JERSEY STATE DEPARTMENT OF EDUCATION, STATE BOARD DOCKET #18-03
D.M., on behalf of minor, B.N. V. BOARD OF EDUCATION OF THE TOWNSHIP OF EWING, MERCER COUNTY, STATE BOARD DOCKET #20-02
H.R., on behalf of minor child, N.P. V. BOARD OF EDUCATION OF THE CITY OF CLIFTON, PASSAIC COUNTY, STATE BOARD DOCKET #23-03
E.Y., on behalf of minor child, B.C. V. BOARD OF EDUCATION OF THE CITY OF CLIFTON, PASSAIC COUNTY, STATE BOARD DOCKET #21-03
December
3, 2003
J.B.
and D.B., on behalf of A.B. V. BOARD OF EDUCATION OF THE BOROUGH
OF PINE HILL, CAMDEN COUNTY, STATE BOARD DOCKET #33-03
IN THE MATTER OF THE CERTIFICATES OF HATTIE BLACK, STATE
BOARD DOCKET #25-03
K.D., on behalf of minor child, K.D. V. BOARD OF EDUCATION
OF THE BOROUGH OF NORTH HALEDON, PASSAIC COUNTY, STATE BOARD DOCKET #28-02
IN THE MATTER OF THE TENURE HEARING OF BARBARA EMRI,
SCHOOL DISTRICT OF THE TOWNSHIP OF EVESHAM, BURLINGTON COUNTY, STATE
BOARD DOCKET #49-02
P.H. AND P.H., on behalf of minor child, M.C. V. BOARD
OF EDUCATION OF THE BOROUGH OF BERGENFIELD, BERGEN COUNTY, DAVID C. HESPE,
COMMISSIONER OF EDUCATION AND NEW JERSEY STATE BOARD OF EDUCATION, STATE
BOARD DOCKET #60-00 and P.H. AND P.H., on behalf of minor child, M.C.
V. BOARD OF EDUCATION OF THE BOROUGH OF BERGENFIELD, BERGEN COUNTY, STATE
BOARD DOCKET #27-01 (consolidated)
B.P., on behalf of minor child, B.P. V. BOARD OF EDUCATION
OF THE LENAPE REGIONAL HIGH SCHOOL DISTRICT, BURLINGTON COUNTY, STATE
BOARD DOCKET #44-02
IN THE MATTER OF THE TENURE HEARING OF LEWIS SHINKLE,
SCHOOL DISTRICT OF THE TOWNSHIP OF HAMILTON, MERCER COUNTY, STATE BOARD
DOCKET #38-03