Somerville Board of Education v. Manville Board of Education, 167 N.J. 55

Summary

The Supreme Court of New Jersey affirmed a decision requiring the Somerville and Manville school districts to continue sharing equally the special-education costs of a child whose divorced parents shared joint legal and physical custody and who lived with each parent in alternating weeks. The court also addressed allocation of state and federal aid, cooperation in developing the child's Individualized Education Program, and the potential effect of future Department of Education regulations concerning domicile and residency.

Holdings

1. Under the facts of this case, Somerville and Manville should continue to share equally the educational expenses for A.P., consistent with their mutual agreement.
2. Participation by representatives of both districts in developing and reviewing A.P.'s IEP is not inconsistent with the IDEA or the applicable New Jersey administrative regulation, and cooperation between the districts is appropriate.

Questions Presented

1. Whether the Somerville and Manville school districts should continue sharing equally the special-education costs of a child whose parents share joint legal and physical custody and reside in different districts.
2. Whether representatives of both school districts may participate in developing and reviewing the child's Individualized Education Program.
3. Whether the cost-allocation issue was appropriately subject to regulation by the New Jersey Department of Education.

Disposition

affirmed