AP obo AA v Trenton BOE | Case 17943-18 | 2018-12-20

NEW JERSEY IS AN EQUAL OPPORTUNITY EMPLOYER State of New Jersey OFFICE OF ADMINISTRATIVE LAW FINAL DECISION FAILURE TO APPEAR OAL DKT. NO. EDS 17943-18 AGENCY DKT. NO. 2019 29160 A.P. on behalf of A.A., Petitioner, v. TRENTON BOARD OF EDUCATION, Respondent. ____________________________ No appearance by petitioner, A.A. Audra Pondish, Esquire, for respondent (Adams, Gutierrez & Lattiboudere, LLC, attorneys) Record closed: December 19, 2018 Decided: December 20, 2018 BEFORE DEAN J. BUONO, ALJ: A.P. filed an emergent relief application and due process petition with the Office of Special Education on December 18, 2018 , and t he matter was transmitted to the Office of Administrative Law (OAL) . O ral argument on the emergent applicati on was scheduled for December 19, 2018. By e -mail from the OAL Clerk’s office , both petitioner and counsel for the Board of Education were notified of the date of the oral argument. Petitioner answered the e-mail by responding “Thanks.”

OAL DKT. NO. EDS 17943-18 2 On December 19, 2018, the date of oral argument, counsel for respondent Board appeared, but the petitioner did not. After waiting the required one -half hour for petitioner, I dismissed the Board counsel. Petitioner neither called the OAL or sent in a letter indicati ng her reason for her nonappearance at the December 19, 2018, oral argument. Accordingly, I CONCLUDE that petitioner failed to appear for the December 19, 2018, oral argument and the matter is DISMISSED. This decision is final pursuant to 20 U.S.C. § 1 415(i)(1)(A) and 34 C.F.R. § 300.514 (2018) and is appealable by filing a complaint and bringing a civil action either in the Law Division of the Superior Court of New Jersey or in a district court of the United States. 20 U.S.C. § 1415(i)(2); 34 C.F.R. § 300.516 (2018). 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 Directo r, Office of Special Education Programs. December 20, 2018 DATE DEAN J. BUONO, ALJ Date Received at Agency Date Mailed to Parties: mph