Terms Used In New Jersey Statutes 18A:35-38

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Board: means the board of education. See New Jersey Statutes 18A:1-1
  • Commissioner: means the Commissioner of Education. See New Jersey Statutes 18A:1-1
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • District: means a school district. See New Jersey Statutes 18A:1-1
  • State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
5. a. An individual who believes that a school district has not complied with the provisions of this act may file a complaint with the board of education. The right to file a complaint shall be set forth in the board’s policy on gifted and talented education. The policy shall be linked to the homepage of the board’s Internet website. The board shall issue a decision, in writing, to affirm, reject, or modify the district’s action in the matter.

b. The individual may then file a petition of appeal of the board’s written decision to the Commissioner of Education through the Office of Controversies and Disputes in accordance with N.J.S. 18A:6-9 and the procedures set forth in State Board of Education regulations.

L.2019, c.338, s.5.