C.R. o/b/o C.R. v. East Orange Board of Education Docket Number EDS 08812-17 | Case EDS 08812-17 | 2018-03-20

New Jersey is an Equal Opportunity Employer State of New Jersey OFFICE OF ADMINISTRATIVE LAW FINAL DECISION (CONSOLIDATED) OAL DKT. NOS. EDS 08812-17 and EDS 08944-17 AGENCY DKT. NOS. 2017-26230 and 2017-26231 C.R. ON BEHALF OF C.R., Petitioner, v. EAST ORANGE BOARD OF EDUCATION, Respondent. __________________________ C.R., petitioner, pro se Avis Bishop-Thompson, Esq., for respondent (DeCotiis, FitzPatrick and Cole, attorneys) Record Closed: March 20, 2018 Decided: March 20, 2018 BEFORE MICHAEL ANTONIEWICZ, ALJ: STATEMENT OF THE CASE The Off ice of Special Education Policy and Procedure of the New Jersey Department of Education transmitt ed the matters to the Office of Administrative Law for

OAL DKT. NOS. EDS 08812-17 and EDS 08944-17 2 a hearing. The OAL received the file s on June 22 and 23, 2017 .1 C.R. on behalf of C.R. filed petitions for due process against the East Orange Board of Education seeking access to an AAC device and an appropriate placement. FINDINGS OF FACT I FIND the following uncontested FACTS: 1. By notice dated July 27, 2017 , the parties were notified of the hearing scheduled for February 12, 2018. 2. Petitioner nor counsel for the Board appeared for the hearing. 3. To date, this office has not received an explanation for the failure to appear or a letter advising the matter had been resolved. CONCLUSIONS OF LAW Based on the foregoing facts, I CONCLUDE that the parties have abandoned this matter and that it should be returned to the transmitting agency. Based on the applicable law, if the judge does no t receive an explanation for the nonappearance, the judge may direct the Clerk to return the matter to the transmitting agency for appropriate disposition. Petitioner and the Board failed to appear at the scheduled proceeding, and failed to provide an exp lanation for the nonappearance. Accordingly, the Clerk should return this matter to the Office of Special Education Policy and Procedure. ORDER It is ORDERED that this matter be DISMISSED. 1 For purposes of this Final Decision, I ORDER that the above matters be and hereby are consolidated.

OAL DKT. NOS. EDS 08812-17 and EDS 08944-17 3 It is further ORDERED that the Clerk return this file to the Office of Special Education Policy and Procedure of the New Jersey Department of Education. This decision is final pursuant to 20 U.S.C. § 1415(i)(1)(A) and 34 C.F.R. § 300.514 (2017) 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 (2017). If the parent or adult student feels that this decision is not being fully implemented with res pect to program or services, this concern should be communicated in writing to the Director, Office of Special Education Programs. March 20, 2018 DATE MICHAEL ANTONIEWICZ, ALJ Date Received at Agency Date Mailed to Parties: jb