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Acting State Department of Education Commissioner Kimberly Harrington denied the Ocean Township Board of Education’s bid to prevent Loch Arbour residents from casting ballots on whether to withdraw its 14 students from the 3,500 student school district.

In a Feb. 24 decision, Harrington said despite claims that withdrawal of the village students would ‘irreparable harm’ the district, she agreed with the Executive County Superintendent’s earlier findings that there would be minimal financial impact.

“Onward and upward,” Loch Arbour Mayor Paul Fernicola [at right] said in response to the decision. “We are very happy.”

In their argument for an injunction, Ocean Township maintained that the loss of the students would result in the termination of 20 staff members, a return to pay to play status for some sports, and the elimination of courtesy busing.

“While we are disappointed with the decision we were not surprised, said Ocean Township Board President James Dietrich. “We do plan to ask for an injunction.”

The bid for a stay is part of the school district’s overall appeal of Harrington’s Dec. 22 to allow the village to move forward with steps to withdraw their students. Their next step will be to seek an injunction before the appellate division.

“The Ocean Township Board of Education is disappointed with the Commissioner’s decision not to stay the vote until all appeals have been heard,” Superintendent James Stefankiewicz said. “We believe her decision is not in the best interest of Loch Arbour students who have been attending Ocean Township Schools for their entire educational careers. We look forward to filing with the appellate division so that this case can now be heard and decided based on its legal merits.”

Harrington also thwarted claims that Loch Arbour consolidated with Ocean Township, saying ‘Loch Arbour was never an independent school district,’ further proved by the fact that no Loch Arbour resident sits on the township’s BOE, a requirement if such a merger occurred.

In addressing the district’s claim that the move would be a violation of the 2008 School Funding Reform Act, Harrington said Ocean Township failed to cite any violated provisions in the law.

While Ocean Township officials have said they will move forward with their appeal, Harrington found that it does not prohibit Loch Arbour from proceeding with the April 4 decision.

Fernicola said should voters cast ballots in favor of the withdrawal, Loch Arbour students would attend West Long Branch schools and Shore Regional High School.  The move equates to a $16,000 to $17,000 per pupil cost, saving property owners an estimated $11,000 to $12,000 annual tax savings.

“Loch Arbour currently sends 14 students to Ocean schools, which have a total enrollment of 3,500 students,” Fernicola said. “If Loch Arbour leaves then only residents of Ocean Township will attend the Ocean schools. There’s nothing unfair in Ocean residents paying 100 percent of the costs for the Ocean schools attended only by Ocean Township residents.  
Fernicola said the village sought the withdrawal after costly taxes hikes resulted in residents living a house-poor lifestyle.

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