08-06-09 A.M.S., on behalf of minor child, A.D.S. v. BOARD OF
EDUCATION OF THE CITY OF MARGATE, OCEAN COUNTY and
BOARD OF EDUCATION OF THE TOWNSHIP OF JACKSON, OCEAN
COUNTY
A-4193-07T2
In this appeal, we uphold the Department of Education
Commissioner's decision determining that Margate is responsible
for providing petitioner's son with a free public school
education. We found there was substantial, credible evidence in
the record establishing that petitioner, a full-time, active
duty member of the United States Army, is domiciled in Margate.
In turn, we also found that the Commissioner's
determination that petitioner's son is also domiciled in Margate
did not create a new rule without notice and comment rulemaking.
Rather, we found the Commissioner's decision on this
point was consistent with the common law principle that a
child's domicile is normally that of his or her parents.
Chase Smith assistant editor
