3Rd Floor Atlantic City, NJ 08

Christopher A. Barrett, Esq. Attorney ID # 020182012 COOPER LEVENSON, P.A. 1125 Atlantic Avenue - 3rd Floor Atlantic City, NJ 08401 Telephone: (609) 572-7452 Facsimile: (609) 572-7453 E-Mail: [email protected] Attorney for Petitioner, Oldmans Township Board of Education

: OLDMANS TOWNSHIP BOARD OF : EDUCATION : : STATE OF NEW JERSEY Petitioner, : DEPARTMENT OF EDUCATION : v. : AGENCY REFERENCE NO.: : OAL DKT NO.: PENNS GROVE-CARNEYS POINT REGIONAL : BOARD OF EDUCATION and WOODSTOWN : PETITION PILESGROVE BOARD OF EDUCATION : : Respondents.

TO: M. Kathleen Duncan, Director Bureau of Controversies and Disputes Department of Education P.O. Box 500 Trenton, New Jersey 08625-0500

Brian E. Ferguson, Board Secretary Penns Grove Carneys Point Board of Education 100 Iona Avenue Penns Grove, New Jersey 08069

Frank A. Rizzo, Board Secretary Woodstown-Pilesgrove Board of Education 135 East Avenue Woodstown, New Jersey 08098

Petitioner, Oldmans Township Board of Education (the “Oldmans Board” or the “Board”) with offices at 10 Freed Road, Pedricktown, New Jersey hereby petitions the Commissioner of Education (the “Commissioner”) pursuant to the authority of the Commissioner to hear and

determine controversies and disputes under the School Laws and Regulations, N.J.S.A. § 18A:6-

9, et seq., N.J.A.C. § 6A:3-1.1. et seq., and pursuant to the authority of N.J.S.A. § 18A-38-13, to

establish a new and exclusive sending-receiving relationship with the Woodstown-Pilesgrove

Board of Education (the “Woodstown-Pilesgrove Board”), having its offices at 135 East Avenue,

Woodstown, New Jersey 08098, to allow Board Students to exclusively attend Woodstown High

School.

FACTUAL BACKGROUND

1. Oldmans Township (“Oldmans Township” or the “Township”) is a township in Salem County,

New Jersey. See Exhibit A, Study, 5. As of the 2010 United States Census, the Township’s

population was 1,773, reflecting a decline of 25 (-1.4%) from the 1,787 counted in the 2000

Census, which had in turn increased by 115 (+6.8 %) from the 1,683 counted in the 1990 Census.

Ibid.

2. Oldmans’ Township was incorporated on February 7, 1881 from portions of Upper Penns Neck

Township (now Carneys Point Township). See Exhibit A, Study, 5.

3. The Board is a public local board of education for the municipality of Oldmans Township, New

Jersey.

4. The Board is an operating school district sending its pre-kindergarten through eighth grade

students to Oldmans Township School.

5. The Board consists of nine (9) elected members. See Exhibit A, Study, 44. Members serve three

(3) year terms. A majority of the public school students in ninth through twelfth grades from

Oldmans Township attended Penns Grove High School as part of a sending/receiving relationship

with Penns Grove-Carneys Point Regional School District with the balance attending Woodstown

CLAC 3796580.1CLAC 3796580.1CLAC 3789943.1 2 High School in the Woodstown-Pilesgrove Regional School District. See Exhibit A, Study, 6.

Students who reside east of Interstate 295 attend Woodstown High School, with all other students

attending Penns Grove High School. Ibid.

6. Since Oldmans’ high school eligible population does not reach 10% of the high school population

of either Woodstown High School or Penns Grove High School, the Oldmans’ Board does not

have board representation on either the Woodstown-Pilesgrove Board of Education or the Penns

Grove-Carneys Point Board of Education. Ibid.

7. In Board of Education of Penns Grove-Carneys Point Regional School District v. Board of

Education of Township of Oldmans and Board of Education of Borough of Woodstown, OAL Dkts.

EDU 2774-87 and EDU 2775-87 (September 30 1987) remanded by the Commissioner of

Education (Nov. 12, 1987), OAL Dkt. No. EDU 7594-87 (May 5, 1988), modified by the

Commissioner of Education (June 17, 1988), a parent and resident of Oldmans Township, on her

behalf and on the behalf of other participating parents filed a Petition with the Commissioner

seeking to preserve an alleged past practice in Oldmans Township of permitting children to have

a choice between attending Woodstown High School or Penns Grove High School. See Exhibit A,

Study, 42.

8. In affirming the decision of the Administrative Law Judge, the Commissioner held that the

Oldmans’ families did not have a right to a choice as to where to send their high school eligible

students. See Exhibit A, Study, 42.

9. Furthermore, in the aforementioned decision, the Commissioner further held that the only way the

Oldmans Board could change the allocation of its high school eligible students was to comply with

the State Laws and Regulations regarding same. See Exhibit A, Study, 42. As such, the Board is

CLAC 3796580.1CLAC 3796580.1CLAC 3789943.1 3 adhering to the Commissioner’s directive and submits this Petition and accompanying Study for a

ruling.

10. The Board employed the Southern Regional Institute and Educational Technology Training Center

of Stockton University (“SRI & ETTC”) to prepare a feasibility study (the “Study”) to: (1) evaluate

the educational, financial, and racial impact of a severance of its existing sending-receiving

relationship with the Penns Grove-Carneys Point Regional Board of Education; and (2) evaluate

the educational, financial, and racial impact of modifying its present sending-receiving relationship

with the Woodstown-Pilesgrove Board of Education. A copy of the Study is attached hereto as

Exhibit A.

11. The Study was presented through the major topics of: (1) background information; (2)

demographic information; (3) educational program information; (4) financial feasibility; (5) legal

considerations; and (6) governance. See Exhibit A, Study, 5.

12. The community of Woodstown is a borough (“Woodstown” or the “Borough”) in Salem County,

New Jersey. See Exhibit A, Study, 6. As of the 2010 United States Census, the Borough’s

population was 3,505, reflecting an increase of 369 (+11.8%) from the 3,136 counted in the 2000

Census, which had in turn declined by 18 (-0.6%) from the 3,154 counted in the 1990 Census. Ibid.

13. Woodstown was established on July 26, 1882 from portions of Pilesgrove Township based on the

results of a referendum held on the same day. See Exhibit A, Study, 6. Woodstown’s incorporation

was confirmed on March 3, 1925. Ibid.

14. Pilesgrove Township (“Pilesgrove”) is a township in Salem County, New Jersey. See Exhibit A,

Study, 10. As of the 2010 United States Census, Pilesgrove’s population was 4,016, reflecting an

increase of 93 (+2.4%) from the 3,923 counted in the 2000 Census, which had in turn increased

by 673 (+20.7) from the 3,250 counted in the 1990 Census. Ibid.

CLAC 3796580.1CLAC 3796580.1CLAC 3789943.1 4 15. The Woodstown-Pilesgrove Regional School District serves public school students in pre-

Kindergarten through twelfth grade from Woodstown and Pilesgrove Township in four (4) schools.

See Exhibit A, Study, 7, 11.The Woodstown-Pilesgrove Board of Education consists of eleven (11)

elected members. See Exhibit A, Study, 44. Four (4) members reside in Woodstown and five (5)

members reside in Pilesgrove. In addition, one (1) representative from each sending district,

Alloway and Upper Pittsgrove serve on the Board. Ibid.

16. Penns Grove is a borough in Salem County, New Jersey (“Penns Grove” or “Penns Grove

Borough”). See Exhibit A, Study, 7. As of the 2010 United States Census, Penns Grove population

was 5,147, reflecting an increase of 261 (+5.3%) from the 4,886 counted in the 2000 Census, which

had in turn declined by 342 (-6.5%) from the 5,228 counted in the 1990 Census. Ibid.

17. Carney Point Township (“Carneys Point”) is a township in Salem County, New Jersey. See Exhibit

A, Study, 9. As of the 2010 United States Census, Carneys Point’s population was 8,049, reflecting

an increase of 365 (+4.8%) from the 7,684 counted in the 2000 Census, which had in turn declined

by 759 (-9.0%) from the 8,443 counted in the 1990 Census. Ibid.

18. The Penns Grove-Carneys Point Regional School District serves public school students in pre-

Kindergarten through twelfth grade from Penns Grove and Carneys Point Township in five (5)

schools. See Exhibit A, Study, 10.

19. The Penns Grove-Carneys Point Board of Education consists of nine (9) elected members. See

Exhibit A, Study, 44. Five (5) members reside in Carneys Point and four (4) members reside in

Penns Grove. Ibid. Members serve three (3) year terms. Ibid. There was a time when the Oldmans

Board had representation on the Penns Grove-Carneys Point Board of Education. Ibid. However,

since the high school population of Oldmans does not reach 10% of the high school population of

CLAC 3796580.1CLAC 3796580.1CLAC 3789943.1 5 the high school population of Penns Grove High School, there is not an Oldmans representative

currently on the Board. Ibid.

20. A majority of students in ninth through twelfth grades from Oldmans Township attend the Penns

Grove Carneys-Point Regional School District High School as part of a sending/receiving

relationship with the Oldmans Township School District, with the balance attending Woodstown

High School in the Woodstown-Pilesgrove Regional School District. See Exhibit A, Study, 8.

21. The current sending arrangement has some of the Oldmans Township School students being sent

to Woodstown High School and some to Penns Grove High School in the Penns Grove-Carneys

Point Regional School District. Ibid. The high school attended by Oldmans’ students depends on

the geographic location of the student’s place of residency. Ibid.

22. In September of 2015, SRI&ETTC contracted with the Center for Regional and Business Research

(“CBBR”) at Atlantic Cape Community College to participate in a study to examine the impact of

the Oldmans Board sending all of their eligible high school students to Woodstown High School.

See Exhibit A, Study, 12.

COUNT ONE

The Board petitions the Commissioner to modify its current sending-receiving relationship with

the Woodstown-Pilesgrove Board by reason of the following facts:

1. The Board seeks to modify its current sending-receiving relationship with the Woodstown-

Pilesgrove Board to allow all of its students to attend Woodstown High School.

2. The Board would agree with the Woodstown-Pilesgrove Board as to the tuition rates to be charged

under a sending-receiving contract.

3. The Board seeks to establish a sending-receiving relationship with the Woodstown-Pilesgrove

Board for the following reasons, among others:

CLAC 3796580.1CLAC 3796580.1CLAC 3789943.1 6 a. To allow all of its students to attend one (1) high school so as to promote and encourage unity and

uniformity within the Oldmans Township community. b. To establish positive educational benefits to Board students attending Woodstown High School;

specifically, allowing high school eligible Oldman Township students to exclusively attend

Woodstown High School would provide said students with an enhanced school environment in the

following areas: state assessment results, college and career readiness, and a lowered school

suspension rate. See Exhibit A, Study, 45. c. Additionally, allowing high school eligible Oldman Township students to exclusively attend

Woodstown High School would provide said students with an enhanced academic and co-

curricular opportunities in the following areas: academic electives, freshmen sports programs, and

club and activity offerings. See Exhibit A, Study, 45. d. There would be no substantial negative educational or financial impact on either Oldmans

Township, the Borough of Woodstown, Pilesgrove Township, Carneys Point Township or the

Borough of Penns Grove by establishing an exclusive sending-receiving relationship between the

Board and the Woodstown-Pilesgrove Board. e. There will be positive educational and financial impacts realized by Oldmans Township and the

Woodstown-Pilesgrove Board by allowing Oldmans Township Board Students to attend

Woodstown High School.

4. The Board held two (2) public meetings on April 25, 2016 and May 23, 2016 with regards to the

implementation of an exclusive sending-receiving relationship with the Woodstown-Pilesgrove

Board. The Board had its consultants, SRI & ETTC make a presentation to the public at a public

meeting held on April 25, 2016.

5. The Board approved the Study at its public meeting on June 14, 2016.

CLAC 3796580.1CLAC 3796580.1CLAC 3789943.1 7 6. The Woodstown-Pilesgrove Board supports the feasibility study prepared by SRI & ETTC.

7. The Board asserts that the Study established educationally based reasons and presents facts in

support of Petitioner’s claim that there will be no substantial negative impact for educational,

financial, or racial reasons on the effected boards of education as a result of the creation of a

modified sending-receiving relationship between the Oldmans Board and the Woodstown-

Pilesgrove Board and that there are many positive educational benefits to the Oldmans Board by

creating a sending-receiving relationship with the Woodstown-Pilesgrove Board.

8. Concerning academic performance, pursuant to the Study, Penns Grove High School’s academic

performance is significantly academically behind other schools across New Jersey and lags in this

area when compared to peer schools across the State; this includes, but is not limited to Penns

Grove High School’s graduate and post-secondary performance rates and college and career

readiness. See Exhibit A, Study, 23.

9. Indeed, pursuant to the Study, the Woodstown-Pilesgrove High School’s college and career

readiness is high when compared to schools across New Jersey. See Exhibit A, Study, 22.

10. Regarding racial balance between the School Districts at issue, the Study states that the current

racial-population patterns are expected to continue. See Exhibit A, Study, 19.

11. As the Study suggests, by modifying the sending-receiving relationship between the Oldmans

Board and the Penns Grove Carneys-Point Board, and the Oldmans Board and the Woodstown-

Pilesgrove Board, there would be no racial impact. See Exhibit A, Study, 21.

12. Regarding financial impact, the present local tax levies and grand total revenues for the Oldmans’

Board, Penns-Grove Carneys Point Regional, and Woodstown-Pilesgrove Regional is as follows:

Local Tax Levy Total Revenues

Oldmans Township $2,663,290 $5,058,372

CLAC 3796580.1CLAC 3796580.1CLAC 3789943.1 8

Penns Grove-Carneys Point Regional $11,257,578 $34,707,351

Woodstown-Pilesgrove Regional $10,146,692 $22,626,580

[See Exhibit A, Study, 36].

12. Presently, Oldmans Township is currently paying the Penns Grove-Carneys Point Regional

Board of Education a total of $367,039. See Exhibit A, Study, 37-38.

13. Furthermore, Oldmans Township is currently paying $208,083 to the Woodstown-Pilesgrove

Board of Education. See Exhibit A, Study, 37-38.

14. The aggregate amount paid by Oldmans Township to the Penns Grove-Carneys Point Regional

Board of Education and the Woodstown-Pilesgrove Board of Education totals $575,122. See

Exhibit A, Study, 38.

15. Indeed, pursuant to Oldmans Township’s eligible high school population and the population projection for same, if Oldmans Township exclusively sent their high school eligible students to

Woodstown High School the total tuition paid to same would equal $555,002; resulting in an overall savings of $20,120 to Oldmans Township. See Exhibit A, Study, 38.

16. In the alternative, if the Commissioner grants the within Petition, the Board is amendable to a

“phase in” to allow for a graduated alteration in enrollment and any financial and/or staffing issues that may be realized in accordance with the transition to a new send-receive agreement. See Exhibit

A, Study, 40-41.1

1 The proposed phase-in is as follows: upon implementation of a new send receive relationship as set forth, supra., Oldmans students already matriculated and attending Penns Grove High School would be provided the choice of completing their studies at Penns Grove High School. Oldmans students graduating from Oldmans Township School would begin high school studies at Woodstown High School.

CLAC 3796580.1CLAC 3796580.1CLAC 3789943.1 9 WHEREFORE, Petitioner respectfully requests that the Commissioner issue an Order as follows:

1. Approving the Board’s request to establish a modified sending-receiving relationship between the Oldmans Board and the Woodstown-Pilesgrove Board; and

2. Approving the modified sending-receiving contract between the Oldmans Board and

Woodstown-Pilesgrove Board; and

3. Overturning the Commissioner’s Decision in Board of Education of Penns Grove-Carneys Point

Regional School District v. Board of Education of the Township of Oldmans and Board of

Education of the Borough of Woodstown, OAL Dkts. No.: EDU 2774-87 and EDU 2775-87

(September 30, 1987) remanded, Commissioner of Education (November 12, 1987), OAL Dkt.

No.: EDU 7594-87 (May 5, 1988), modified, Commissioner of Education (June 17, 1988).

COOPER LEVENSON, P.A.,

By:______Christopher A. Barrett Attorneys for Petitioner, Oldmans Township Board of Education

CLAC 3796580.1CLAC 3796580.1CLAC 3789943.1 10 : OLDMANS TOWNSHIP BOARD OF : EDUCATION : STATE OF NEW JERSEY : DEPARTMENT OF EDUCATION Petitioner, : : AGENCY REFERENCE NO.: v. : OAL DKT NO.: : PENNS GROVE-CARNEYS POINT REGIONAL : VERIFICATION OF SHARI PAYSON BOARD OF EDUCATION and WOODSTOWN : SUPERINTENDENT OF THE PILESGROVE BOARD OF EDUCATION : OLDMANS TOWNSHIP : BOARD OF EDUCATION Respondents.

Petitioner, Oldmans Township Board of Education (the “Oldmans Board” or the “Board”) with offices at 10 Freed Road, Pedricktown, New Jersey and Shari Payson, Board Superintendent of Schools of full age, being duly sworn upon her oath according to law deposes and says: 1. I am the Superintendent of Schools for the Board, as such I am fully familiar with the facts contained in the attached Petition. 2. I have read the Petition and very that on my personal knowledge, I know the facts set forth therein are true and they are incorporated in this Verification by reference. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements are willfully false, I am subject to punishment.

______Shari Payson, Superintendent of Schools Oldmans Township Board of Education

CLAC 3796580.1CLAC 3796580.1CLAC 3789943.1 11 : OLDMANS TOWNSHIP BOARD OF : EDUCATION : : STATE OF NEW JERSEY Petitioner, : DEPARTMENT OF EDUCATION : v. : AGENCY REFERENCE NO.: : OAL DKT NO.: PENNS GROVE-CARNEYS POINT REGIONAL :

BOARD OF EDUCATION and WOODSTOWN : PROOF OF MAILING PILESGROVE BOARD OF EDUCATION : : Respondents.

I, the undersigned, am employed by the Law Firm of Cooper Levenson, P.A., Attorneys for the Petitioner, Oldmans Township Board of Education (the “Oldmans Board” or the “Board”) in the above-captioned matter. On ______, 2016, I forwarded, via certified mail, return receipt requested, a seal envelope, containing the Petition of the Board to:

M. Kathleen Duncan, Director Bureau of Controversies and Disputes Department of Education P.O. Box 500 Trenton, New Jersey 08625-0500

Brian E. Ferguson, Board Secretary Penns Grove Carneys Point Board of Education 100 Iona Avenue Penns Grove, New Jersey 08069

Frank A. Rizzo, Board Secretary Woodstown-Pilesgrove Board of Education 135 East Avenue Woodstown, New Jersey 08098

I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.

CLAC 3796580.1CLAC 3796580.1CLAC 3789943.1 12

COOPER LEVENSON, P.A.

Dated: ______Nancy Williams

CLAC 3796580.1CLAC 3796580.1CLAC 3789943.1 13