AR and NR obo NR v. West Orange Town BOE | Case 03240-23 | 2023-04-24

New Jersey is an Equal Opportunity Employer State of New Jersey OFFICE OF ADMINISTRATIVE LAW FINAL DECISION SUFFICIENCY CHALLENGE OAL DKT. NO. EDS 03240-23 AGENCY DKT. NO. 2023-35699 A.R. AND N.R. ON BEH ALF OF N.R., Petitioners, v. WEST ORANGE TOWN BOARD OF EDUCATION, Respondent. _________________________________ A.R. and N.R., petitioners, pro se Jared S. Schure, Esq., for respondent (Methfessel & Werbel, LLP, attorneys) Record Closed: April 24, 2023 Decided: April 24, 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 03240-23 2 FINDINGS OF FACT Based on the documents submitted concerning this sufficiency challenge, I FIND the following as FACT: On November 14, 2022 , N.R. was declassified as a student in need of special education and related services. Petitioners, however, did not challenge the declassification . As a result, N.R. was no longer a child receiving special education and related services from respondent , effective fifteen days later , on November 29, 2022. On March 8, 2023, petitioners filed a request for mediation with the Department of Education, Office of Special Education (OSE), seeking to maintain the current educational placement of N.R. On April 10, 2023 , petitioners converted the request for mediation into a request for due process hearing. On April 19, 202 3, 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 that same date, 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 :

OAL DKT. NO. EDS 03240-23 3 (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 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, petitioners filed a due process complaint regarding none of t hose issues set forth in N.J.A.C. 6A:14-2.7(a) because N.R. is no longer a student in receipt of special education and related services , and the time period in which to challenge the declassification of N.R. to receive such special education and related services has long since passed. To challenge that declassifi cation, petitioners would need to renew the process for eligibility. As such, the current due process complaint is not legally cognizable. 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 03240-23 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 . April 24, 2023 DATE BARRY E. MOSCOWITZ Acting Director and Chief ALJ Date Received at Agency: April 24, 2023 Date Sent to Parties: April 24, 2023 dr