AA obo AB v Hamilton Twp BOE | Case 05200-21 | 2021-06-25

New Jersey is an Equal Opportunity Employer State of New Jersey OFFICE OF ADMINISTRATIVE LAW FINAL DECISION ON EMERGENT RELIEF OAL DKT. NO. EDS 05200-21 AGENCY DKT. NO. 2021-33023 A.A. ON BEHALF OF A.B., Petitioners, v. HAMILTON TOWNSHIP BOARD OF EDUCATION, Respondent. ___________________________________ THIS MATTER having come before this tribunal, on June 25, 2021, as an emergent relief application for “stay put” before the Honorable Elaine B. Frick, ALJ, with appearances by A.A. on behalf of A.B., petitioners, pro se; and by Michael A. Pattanite, Jr., Esq., Lenox, Socey, Formidoni, Giordano, Lang, Carrigg & Casey, LLC, attorneys for respondent, Hamilton Township Board of Education (the District); and the parties having confirmed upon the record the stay put placement for the student; and for good cause shown; IT IS hereby ORDERED and ADJUDGED as follows: 1. The parties agree the stay put placement for the student, A.B., is at the Mercer County Special Services School District, pursuant to the April 16, 2021, Individualized Education Program (IEP). This was confirmed by testimony from A.A. and from the District’s Director of Student Services and Programs, Ms. Marta Audino.

OAL DKT. NO. EDS 05200-21 2 2. As there is no dispute to the stay put placement, the emergent relief request is rendered moot. 3. All parties understand the underlying due process petition, wherein petitioners object to the proposed June 8, 2021, IEP, remains pending. 4. It is ORDERED that the emergent relief requested has been rendered MOOT, and the student’s stay put placement is confirmed by consent to be at the Mercer County Special Services School District. This decision on application for emergency relief shall remain in effect until the issuance of the decision on the merits in this matter. The hearing having been requested by the parents, this matter is hereby returned to the Department of Education for a local resolution session, pursuant to 20 U.S.C.A. § 1415 (f)(1)(B)(i). If the parent or adult student feels that this decision is not being fully implemented with respect to program or services, this concern should be communicated in writing to the Director, Office of Special Education Policy and Dispute Resolution. June 25, 2021 DATE ELAINE B. FRICK, ALJ Date Received at Agency: June 25, 2021 Date Mailed to Parties: June 25, 2021 (Sent Via E-Mail) /dm cc: Deputy Clerk – OAL Trenton