Schools and Local Government

The Middletown Township Board of Education is asking New Jersey’s Commissioner of Education to dismiss a parents’ petition challenging its February 26 school-closure vote, while declining to address the substance of the claims raised in that petition.

In a March 23 filing, the district does not defend the closure plan on its merits. Instead, it argues the case should be dismissed on procedural grounds, including that it is too early for the state to intervene because the formal approval process has not yet run its course.¹

At the same time, the district continues to act on a timeline aligned with implementation. The February 26 vote directed the administration to proceed with a closure plan tied to the 2026–27 budget, and subsequent district activity has moved forward accordingly. The result is a dual posture: in court, the district argues the closures are not final; in practice, preparations continue as though they are.

Public Record NJ has obtained and reviewed the district’s letter brief to Commissioner of Education Lily Laux, submitted by Madden & Madden partner Regina M. Philipps in Kristin Rooney et al. v. Middletown Township Board of Education (Agency Ref. No. 079-03-26). The motion seeks dismissal “in its entirety” based on jurisdiction, ripeness, and failure to state a claim, and was filed in lieu of an answer.¹

The parents’ petition challenging Middletown school closures, filed March 4 by Shah Law Group, LLC, asks the Commissioner to void the closure resolution and require the district to keep Leonardo Elementary School, Navesink Elementary School, and Bayshore Middle School open through the 2026–27 school year, among other relief.²

The district’s response centers on whether the case should move forward, rather than the claims it raises.

Five candidates have filed petitions to run for two open seats on the Middletown Township Committee in the June 2, 2026 primary, according to the latest candidate list produced by election officials. The field includes a contested Republican primary and a two-candidate Democratic slate for the seats to be decided in November.

The race comes at a moment of transition in local government. One incumbent is not seeking re-election, the current mayor is running for county commissioner, and a sitting board of education member is seeking higher office. The Republican primary, in particular, reflects a split between county-backed candidates and an independent challenger.

Middletown operates under the Township Committee form of government, with five members elected at-large to staggered three-year terms. The committee reorganizes annually in January, selecting a mayor and deputy mayor from among its members for one-year terms.

The Oceanport Planning Board on March 10 held an advisory “courtesy review” of updated redevelopment plans for Monmouth Park, including Phase II youth sports fields and an expanded residential component.

Board counsel and project representatives said the agenda item was not an application hearing and the board had no authority to approve or deny it. Counsel described it as a state-agency presentation required under New Jersey law when a governmental or state agency is using public funds and appears before the planning board for recommendations. In the meeting, attorney Jennifer Phillips Smith said she appeared on behalf of the New Jersey Sports and Exposition Authority (NJSEA) and described NJSEA as “the state entity that owns the” property.

The discussion also previewed issues likely to carry into a broader public forum: multiple speakers referenced a presentation to Oceanport’s Mayor and Council scheduled for Thursday, March 12. The planning board later voted to send a letter summarizing its comments because its next regular meeting would be after that workshop.

Seven parents have filed a Petition of Appeal with the New Jersey Commissioner of Education challenging Middletown Township Board of Education’s plan to close three schools: Leonardo Elementary School, Navesink Elementary School, and Bayshore Middle School.¹

Beyond the immediate dispute, the filing raises broader transparency and accountability questions in local school governance, particularly regarding reliance on outside consultants and the availability of supporting documentation when major restructuring decisions advance.

The filing asks the Commissioner to void the board’s closure resolution and order interim relief, including directing the district to keep the schools open through the 2026–27 school year, along with additional disclosure and oversight measures.²

Procedurally, the filing begins an administrative appeal with the Commissioner of Education, who has authority to resolve disputes arising under New Jersey’s school laws. The Commissioner may decide the matter directly or refer it to the Office of Administrative Law for a hearing before an administrative law judge. The petition states the parents are seeking administrative review through the Department of Education and, “if necessary,” judicial review in the appellate courts.³

This is not the first time the school district’s operations have been challenged in court in connection with keeping schools open.