(a) A petition
shall include the name, address, telephone number, and, if available, email
address of each petitioner; the name, address, telephone number, and, if
available, email address of each party respondent; a statement of the specific
allegation(s) and essential facts supporting the specific allegation(s) that
have given rise to a dispute pursuant to the school laws; the relief petitioner
is seeking; and a statement of verification or certification in lieu of
affidavit for each petitioner. The petition should also cite, if known to
petitioner, the section(s) of the school laws under which the controversy has
arisen. A petition should be presented in substantially the following form:
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(NAME OF PETITIONER(S)),
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: BEFORE THE COMMISSIONER
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PETITIONER(S),
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: OF EDUCATION OF NEW JERSEY
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V.
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(NAME OF RESPONDENT(S)),
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: PETITION
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RESPONDENT(S).
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Petitioner, _________________, residing at _________________,
whose telephone number is __________________, and email address is
_________________, hereby requests the Commissioner of Education to consider a
controversy that has arisen between petitioner and respondent whose address is
_______, pursuant to the authority of the Commissioner to hear and determine
controversies pursuant to the school law (N.J.S.A.
18A:6-9), by reason of the following
facts:
1. (Here set forth in as many
itemized paragraphs as are necessary the specific allegation(s), and the facts
supporting them, that constitute the basis of the controversy.)
WHEREFORE, petitioner requests that (here set forth the
relief desired).
________________________________________________
Signature of petitioner or representative
Date
__________________________________________________
(Name of petitioner), of full age, being duly sworn upon an
oath according to law deposes and says:
1. I am the petitioner in the foregoing
matter.
2. I have read the petition
and aver that the facts contained therein are true to the best of my knowledge
and belief.
________________________________________________
Signature of petitioner
(b) A petition submitted by a pro se
petitioner that substantially includes the requisite information as set forth
in (a) above shall be accepted for filing notwithstanding that the petition
does not conform to the prescribed technical format. However, where a petition
does not meet minimal standards regarding parties, allegations, or relief
sought, the petitioner shall be sent a letter noting the date of the
submission's receipt and identifying the deficiencies deemed to constitute
substantial noncompliance. The matter will not be filed until the noted
deficiencies are corrected.
(c) Any
party to a controversy or dispute before the Commissioner who is a party to
another action before any other administrative agency, arbitration proceeding,
or court involving the same or similar issue of fact or law shall indicate the
existence of such action or complaint within the petition of appeal or the
answer to the Commissioner, as may be appropriate. Failure to so certify may be
deemed to be sufficient cause for dismissal of the petition of appeal when, in
the judgment of the Commissioner and/or the ALJ, such failure results in the
duplication of administrative procedures for the resolution of a controversy or
dispute.
(d) Whenever such
duplicate filing is discovered, and after the filing of the answer by the
respondent, the case will be transmitted to the OAL for initial determination
of which agency, if any, has the predominant interest in the outcome of the
case.
