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There are two ways in which a parent/guardian/resident/adult student may file an appeal with the Commissioner:

1. 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”), 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 attorney, 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 may visit the OAL’s Hearings website.

Regulations

The regulations for filing residency appeals may be obtained at a:

• library,
• school district, or
• county office of education.

You may also contact the of Controversies and Disputes via email or phone (609-376-9079) or view the N.J.A.C. 6A:3 (PDF).

General information about the appeal process is available on the Controversies and Disputes Frequently Asked Questions webpage.

Submitting an Appeal

All petitions should be submitted via email to controversiesdisputesfilings@doe.nj.gov. If a petitioner is unable to file via email, the petition may be mailed to:

Commissioner of Education
c/o Director of the Office of Controversies and Disputes
New Jersey State Department of Education
P.O. Box 500
Trenton, NJ 08625-0500

(N.J.A.C. 6A:3-8.1)

Pro se: not represented by an attorney.

Pro se petitionsers may either:

• Complete the Pro Se Residency Appeal form, or
• Prepare their own letter petition.

Requirements for Letter Petition

If a pro se petitioner prepares their own letter, it must include the following:

1. Name, address, telephone number, and email address of the petitioner;
2. Name and county of the respondent district board of education;
3. Name of the child/children who have been denied attendance by the district board of education, and the petitioner’s relationship to the child/children (i.e. parent, guardian/custodian, etc.);
4. Brief explanation of why attendance is being denied, including the date of the notice of ineligibility, and a copy of the written decision, if possible;
5. Verification statement acknowledging: “I am appealing the district board of education’s decision. My claim of entitlement is based upon facts that are true to the best of my knowledge. I understand that if the Commissioner finds that I have abandoned or withdrawn this appeal and/or that the child/ren are ineligible for a free education in the school district, I may be assessed tuition costs for the period of the child(ren)’s ineligible attendance and the assessment may be enforced, or recorded as a judgment against me, in Superior Court.”
6. Signature of the petitioner; and
7. Date.

Pro se petitioners are not required to give a copy of the appeal to the district board of education.

Receipt

Upon receipt of any pro se residency appeal that has not been served on the district board of education, the Office of Controversies and Disputes will transmit a copy of the petition to the district board of education to effectuate service. The Office of Controversies and Disputes will also send both parties a receipt acknowledging the filing and providing notice of the district board of education’s obligation to answer the petition pursuant to N.J.A.C. 6A:3-1.5 and to ensure, as required by N.J.S.A. 18A:38-1, the attendance of petitioner’s child/children pending the outcome of the appeal.

(N.J.A.C. 6A:3-1.3 and 1.4)

A standard petition of appeal must include all the items listed above in the Requirements for Letter Petition section. If prepared by an attorney, the petition of appeal may be signed by the attorney, but the required verification statement must be signed by the petitioner.

Proof of Service

If the petition of appeal is filed by an attorney, a copy of the petition must be served upon each respondent (N.J.A.C. 6A:3-1.3). A copy should be submitted to the office of the district board of education secretary, or the district board of education’s attorney, if known. The attorney for the petitioner must also submit to the Office of Controversies and Disputes, with the petition of appeal, proof that respondent was served.

Proof that respondent was served may be any of the following:

1. An acknowledgment of service (a “receipt”) signed by the district board of education, its agent (e.g. the board secretary), or the district board of education’s attorney indicating the address at which the respondent was served;
2. An affidavit of the person making service, indicating the address at which the respondent was served and the date and manner of service;
3. A certificate of service signed by the attorney making service, indicating the address at which the respondent was served;
4. A copy of petitioner’s receipt for certified mailing to respondent. The return receipt (green card) is not required for proof of service.

Receipt

Upon receipt, the Office of Controversies and Disputes will send both parties a receipt acknowledging the filing and providing notice of the district board of education’s obligation to answer the petition pursuant to N.J.A.C. 6A:3-1.5 and to ensure, as required by N.J.S.A. 18A:38-1, the attendance of petitioner’s child/children pending the outcome of the appeal.

Following submission of a proper petition, the district board of education will be required to file an answer and, in most cases, the next step will be a hearing before a judge at the Office of Administrative Law, leading to an initial decision containing the judge’s recommended findings of fact and conclusions of law. The Commissioner will then review the matter and issue a final decision, which may be appealed to the Appellate Division of the Superior Court.