AS and JS obo TS v Florham Park BOE | Case 02289-19 | 2019-02-20

New Jersey is an Equal Opportunity Employer State of New Jersey OFFICE OF ADMINISTRATIVE LAW DECISION SUFFICIENCY OF COMPLAINT OAL DKT. NO. EDS 02289-19 Agency No.: 2019 29353 A.S. and J.S. ON BEHALF OF T.S., Petitioners, v. FLORHAM PARK BOARD OF EDUCATION, Respondent. _____________________________________ A.S., pro se petitioner Frances Febres, Esq. (Cleary, Giaccobe, Alfieri, Jacobs, LLC) Record Closed: February 19, 2019 Decided: February 20, 2019 BEFORE: JOANN LASALA CANDIDO, ALAJ: On February 4, 2019, P etitioner converted a mediation to a due process petition on behalf of minor child T.S., seeking to have T.S. placed in a general education classroom for social studies. On February 14, 2019, respondent filed a notice stating that the complaint is insufficient pursuant to N.J.A.C. 6A:14-2.7. The Office of Special Education Programs transmitted this case to the Office of Administrative Law (OAL), where it was filed on February 14, 2019.

OAL DKT. NO. EDS 02289-19 2 In this matter, respondent maintains that the petition is insufficient because: “. . . the parents have not alleged a deprivation of FAPE nor have they alleged a procedural violation … Petit ioners have not articulated any reason why they think his current placement is inappropriate…” Petitioner seeks to amend the IEP to place T.S. in a general education social studies class, asserting that she was advised at the beginning of the school year she could change T.S.’ self-contained social studies class at any time to a general education social studies class. . . . . In order to obtain a hearing on a due process complaint or to engage in a resolution session based upon a due process complaint, the petitioner’s due process complaint must provide information including the following: the name of the child; the address of the residence of the child, or, if homeless, available contact information for the child; the name of the school the child is attending; a description of the nature of the problem of the child relating to the proposed or refused initiation or change ; the facts relating to the proble m; and a proposed resolution to the problem, i.e., relief sought, to the extent known and available to the party at the time. 20 U.S.C. § 1415 (b)(7)(A); 34 C.F.R. § 300.508(b), (c). Having review ed the filed complaint, I FIND and CONCLUDE that the petition provides sufficient information for the respondents to determine the relief that the petitioner seeks. The petition includes: the name and address of the student and the name of the school that T.S. attends; a description of the nature of the problem and the proposed resolution to the problem. Specifically, the parents are seeking a revision of the IEP for a change from a self -contained social studies class to a general education social studies class for the remainder of the school year. Based upon the foregoing, I CONCLUDE that the Petition is sufficient to proceed.

OAL DKT. NO. EDS 02289-19 3 I ORDER that this case under Docket. EDS 02289-19 be returned to the Office of Special Education Programs and that the parties proceed with the resolution or mediation. This decision is final pursuant to 20 U.S.C. § 1415(g)(2) and is appealable by filing a petition 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(g)(2). February 20, 2019 DATE JOANN LASALA CANDIDO, ALAJ Date Received at Agency: February 20, 2019 Date Sent to Parties: February 20, 2019 ljb