Oceanside Charter School v. New Jersey State Dep’t of Education Office of Compliance Investigation, A-2528-09T2; Appellate Division; opinion by Carchman, P.J.A.D.; decided and approved for publication January 14, 2011. Before Judges Carchman, Messano and Waugh. On appeal from the final decision of the commissioner of the Department of Education, Decision No. 413­-09. DDS No. 16-2-0682 [23 pp.]

In 2002, the Department of Education issued a notice of grant opportunity for a federally funded school renovation grant program designed to aid schools with a high percentage of low-income students to complete urgently needed school facilities projects. The projects had to be limited to a single school building and could not be dependent on any other project for their completeness. Use of the funds for construction of a new facility was prohibited.