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13 N.J.A.R. 110

Watchung Borough Bd. of Ed.; Alpert, Perry and Eleanor v
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Citation: 13 N.J.A.R. 110
Decision Date: 1986
Synopsis: Petitioners sought an order of the Commissioner of Education directing that their children and others attending non-public schools be allowed to participate in extracurricular activities of their distfiet's public schools. The matter was transmitted to the Office of Adminis- trative Law for heating. Petitioners are residents and taxpayers in Warehung. Their two children attend private school but wish to participate in public school extracurricular activities. The Warehung Board of Education denied petitioners' request because it believed allowing private school stu- dents to attend extracurricular events would create unmanageable disciplinary problems. Also, the Board argued that its decision was a reasonable exercise of its discretion. The administrative law judge assigned to the ease agreed that the decision whether to permit participation by non-public school pupils was within the discretion delegated to local boards of education. Boards may permit participation, but are not compelled to do so. The petition was dismissed. Upon review, this initial decision was adopted by the Com- missioner of Education. Perry Alperr and Eleanor Alperr, petitioners, pro se. Victor E.D. King, Esq., for respondent (King, King and Goldsack, attorneys)