CA obo MA v. Holmdel Township BOE Docket Number 03588-23 | Case 03588-23 | 2023-05-08

New Jersey is an Equal Opportunity Employer State of New Jersey OFFICE OF ADMINISTRATIVE LAW FINAL DECISION SUFFICIENCY CHALLENGE OAL DKT. NO. EDS 03588-23 AGENCY DKT. NO. 2023-35753 C.A. ON BEHALF OF M.A., Petitioner, v. HOLMDEL TOWNSHIP BOARD OF EDUCATION, Respondent. _________________________________ C.A., petitioner, pro se Robin S. Ballard, Esq., for respondent (Schenck , Price, Smith & King, LLP, attorneys) Record Closed: May 8, 2023 Decided: May 8, 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 03588-23 2 FINDINGS OF FACT Based on the documents submitted concerning this sufficiency challenge, I FIND the following as FACT: On April 21 , 20 23, petitioner filed a request for due process hearing with the Department of Education, Office of Special Education (OSE), seeking to change the educational placement of her son. On April 26, 2023, 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 May 1, 2023 , 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 03588-23 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).] 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, petitioner filed a due process complaint regarding the educational placement of her son. Respondent argues that petitioner’s challenge is improper because it is based on medical (not educational ) need, but that is a matter of interpretation . In other words, it is not an established fact of the case. As such, the argument is premature. Accordingly , I CONCLUDE that the notice contained in the due process complaint is sufficient 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 is SUFFICIENT , and that the timelines for conducting a due process hearing shall continue.

OAL DKT. NO. EDS 03588-23 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 . May 8, 2023 DATE BARRY E. MOSCOWITZ Acting Director and Chief ALJ Date Received at Agency: May 8, 2023 Date Sent to Parties: May 8, 2023 dr