Middletown BOE moves to dismiss school-closure challenge without addressing claims
The district argues a parents’ petition is premature under state rules, while continuing to advance a closure plan tied to the 2026–27 budget without responding to the underlying allegations.
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.