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13 N.J.A.R. 831

Reptak, Robert B. and Marylyn v. Mine Hill Bd. of Ed. of the Township of
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Citation: 13 N.J.A.R. 831
Decision Date: 1989
Agency: DEPARTMENT OF EDUCATION
Synopsis: Petitioners contested a decision by respondent denying their daughter's application for admission to Roxbury High School, one of two high schools that has a sending-receiving arrangement with their district. The matter was transmitted to the Office of Adminis- trative Law for a hearing. The administrative law judge found that Mine Hill Township, a K-6 district, sends its high school students to either Roxbury High School or Dover High School. While most students attend Dover, Mine Hill may send a maximum of four percent of its high school students to Roxbury. In previous years, the number of students apply- ing to attend Roxbury never exceeded the maximum number allowed. Petitioners' daughter was the first student denied admission to Rox- bury because of the four percent maximum. The judge concluded that respondent's procedure for selecting students to attend Roxbury was validly promulgated and was neither arbitrary nor capricious. Absent a showing of abuse of a board of education's discretionary powers, the board's actions are entitled to a presumption of correctness. Since petitioners failed to show that the board's policy was arbitrary or improper, or that it was improperly implemented, the board's action would be upheld. Petitioners' daughter was not entitled to enrollment in Roxbury High School. Upon review, this initial decision was adopted by the Com- missioner of Education. Robert P. Reptak and Marylyn Reptak, pro se Ellen S. Bass, Esq., for respondent, Board of Education of the Town- ship of Mine Hill (Rand, Algeier, Tosti, Woodruff & Frieze, at- torneys)