AM obo JA v Bayonne City BOE | Case 01088-23 | 2023-02-09

New Jersey is an Equal Opportunity Employer State of New Jersey OFFICE OF ADMINISTRATIVE LAW FINAL DECISION SUFFICIENCY CHALLENGE OAL DKT. NO. EDS 01088-23 AGENCY DKT. NO. 2023-35429 A.M. ON BEHALF OF J.A., Petitioner, v. BAYONNE CITY BOARD OF EDUCATION, Respondent. _________________________________ A.M., petitioner, pro se Robin S . Ballard , Esq., for respondent (Schenck, Price, Smith & King, LLP , attorneys) Record Closed: February 8, 2023 Decided: February 9, 2023 BEFORE BARRY E. MOSCOWITZ, CALJ: STATEMENT OF THE CASE This decision addresses a sufficiency challenge under 20 U.S.C. § 1415(c)(2)(A), 34 C.F.R. § 300.508(d) (2019), and N.J.A.C. 6A:14-2.7(f).

OAL DKT. NO. EDS 01088-23 2 FINDINGS OF FACT Based on the documents submitted concerning this sufficiency challenge, I FIND the following as FACT: On January 30, 20 23, petitioner filed a complaint, a request for due process hearing, with the Department of Education, Office of Special Education ( OSE), alleging that her son was having a “hard time with a few teachers and life issues,” that he was “struggling with various tasks in EIA ,” and that removal from is school would be “detrimental to his continued growth and emotional well -being.” It provides no greater specificity. It merely appends an editorial about education for all children. On February 2, 2023, respondent filed a sufficiency challenge with OSE under 20 U.S.C. § 1415(c)(2)(A), 34 C.F.R. § 300.508(d) (2019), and N.J.A.C. 6A:14- 2.7(f), asserting that this due process complaint does not meet the requirements of 20 U.S.C. § 1415(b)(7)(A). On February 3, 2023, OSE transmitted the case to the Office of Administrative Law (OAL) under the Administrative Procedure Act, N.J.S.A. 52 :14B-1 to -15, and the act establishing the OAL , N.J.S.A. 52:14F-1 to - 23, for a hearing under the Uniform Administrative Procedure Rules, N.J.A.C. 1:1-1.1 to -21.6, and the Special Education Program, N.J.A.C. 1:6A-1.1 to -18.4. CONCLUSIONS OF LAW Under 20 U.S.C. § 1415(b)(7)(A), a due process complaint must provide notice of the following: (I) the name of the child, the address of the residence of the child (or available contact information in the case of a homeless child), and the name of the school the child is attending; (II) in the case of a homeless child or youth (within the meaning of section 725(2) of the McKinney-Vento Homeless

OAL DKT. NO. EDS 01088-23 3 Assistance Act ( 42 U.S.C. 11434a(2)), available contact information for the child and the name of the school the child is attending; (III) a description of the nature of the problem of the child relating to such proposed initiation or change, including facts relating to such problem; and (IV) a proposed resolution of the problem to the extent known and available to the party at the time. [20 U.S.C. § 1415(b)(7)(A)(ii).] Meanwhile, in New Jersey, a due process complaint may only be filed concerning the following issues: the identification, the evaluation, the reevaluation, the classification, the educational placement, the provision of FAPE (a free, appropriate, public education), or the discipline of the child. N.J.A.C. 6A:14-2.7(a). In this case, petitioner filed a due process complaint regarding none of the issues set forth in N.J.A.C. 6A:14-2.7(a). Petitioner has even failed to describe the nature of the problem and the facts relating to the problem under 20 U.S.C. § 1415(b)(7)(A)(ii). In fact, as respondent rightly notes, petitioner references a transfer to a school but does not identify the school or describe how that transfer has affected the education of her child. Finally, petitioner seeks removal of a teacher and better training for staff—none of which is tied to the education at issue and none of which could be ordered in this case. Therefore, I CONCLUDE that the notice contained in the due process complaint is insufficient under 20 U.S.C. § 1415(b)(7)(A). ORDER Given my findings of fact and conclusions of law, I ORDER that the due process complaint in this case be DISMISSED.

OAL DKT. NO. EDS 01088-23 4 This decision is final under 20 U.S.C. § 1415(i)(1)(A) and is appealable under 20 U.S.C. § 1415(g)(2) by filing a petition and bringing a civil action in the Law Division of the Superior Court of New Jersey or in a district court of the United States. February 9, 2022 DATE BARRY E. MOSCOWITZ Acting Director and Chief ALJ Date Received at Agency: February 9, 2023 Date Sent to Parties: February 9, 2023 dr