B.T. obo C.T. v. Randolph Township BOE | Case 03092-25 | 2025-02-19

New Jersey is an Equal Opportunity Employer State of New Jersey OFFICE OF ADMINISTRATIVE LAW FINAL DECISION SUFFICIENCY CHALLENGE OAL DKT. NO. EDS 03092-25 AGENCY DKT. NO. 2025-38628 B.T. ON BEHALF OF C.T., Petitioner, v. RANDOLPH TOWNSHIP BOARD OF EDUCATION, Respondent. _________________________________ B.T., petitioner, pro se Robin S. Ballard , Esq., for respondent (Schenck, Price, Smith & King, LLP, attorneys) Record Closed: February 18, 2025 Decided: February 19, 2025 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 03092-25 2 FINDINGS OF FACT Based on the documents submitted concerning this sufficiency challenge, I FIND the following as FACT: On February 7, 2025, petitioners filed a request for due process hearing with the Department of Education, Office of Special Education (OSE), against respondent. Petitioners allege concerns with reading and math as well as concerns with attention and processing. Petitioners allege nothing more specific about these concerns. As a result, on February 11, 2025, 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 sufficiency requirements of 20 U.S.C. § 1415(b)(7)(A). On February 11, 2025, 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 Assistance Act (42 U.S.C. 11434a(2)), available contact information for the child and the name of the school the child is attending;

OAL DKT. NO. EDS 03092-25 3 (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).] In this case, petitioners described the nature of the problem, but no facts related to the problem. Similarly, petitioners propose no resolution to the problem. As a result, I CONCLUDE that the notice contained in the due process complaint is insufficient under 20 U.S.C. § 1415(b)(7)(A), and that this case be dismissed. ORDER Given my findings of fact and conclusions of law, I ORDER that the due process complaint in this case is INSUFFICIENT, and that this case is DISMISSED. 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 the United States Dis trict Court for the State of New Jersey. February 19, 2025 DATE BARRY E. MOSCOWITZ Acting Director and Chief ALJ Date Received at Agency: February 19, 2025 Date Sent to Parties: February 19, 2025 dr