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Tuesday, March 6, 2012

TRACEE EDMONDSON VS. BOARD OF EDUCATION OF THE BOROUGH OF ELMER, ET AL. A-1719-10T2

TRACEE EDMONDSON VS. BOARD OF EDUCATION OF THE BOROUGH

OF ELMER, ET AL.

A-1719-10T2

This appeal involves a challenge to an expansion of a

sending-receiving relationship between two adjoining local

school districts to include all pupils from the sending

district. The receiving district will accommodate all students

residing in the adjoining municipalities by renting one of the

schools it will operate from the sending district. We conclude

that this sending-receiving arrangement does not exceed the

statutory authority granted to the districts' Boards of

Education, N.J.S.A. 18A:11-1; N.J.S.A. 18A:20-2 to -22; N.J.S.A.

18A:38-8 to -24, does not amount to a de facto regionalization

that must be accomplished in accordance with N.J.S.A. 18A:13-34,

and does not require the Commissioner to disapprove this

sending-receiving arrangement on the ground that the sending

district will become a non-operating district, N.J.S.A. 18A:8-43 03-05-12

to -49.