CZ and AZ obo GZ v. Dunellen Boro BOE | Case 03215-23 | 2023-04-19

New Jersey is an Equal Opportunity Employer State of New Jersey OFFICE OF ADMINISTRATIVE LAW FINAL DECISION SUFFICIENCY CHALLENGE OAL DKT. NO. EDS 03215-23 AGENCY DKT. NO. 2023-35700 C.Z. AND A.Z. ON BEAHLF OF G.Z., Petitioners, v. DUNELLEN BORO B OARD OF EDUCATION, Respondent. _________________________________ C.Z. and A.Z., petitioners, pro se Robin S . Ballard, Esq., for respondent (Schenck, Price, Smith & King, LLP , attorneys) Record Closed: April 19, 2023 Decided: April 19, 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 03215-23 2 FINDINGS OF FACT Based on the documents submitted concerning this sufficiency challenge, I FIND the following as FACT: On April 5, 2023, petitioners filed a complaint, a request for due process hearing, with the Department of Education, Office of Special Education (OSE), contesting the requirements or parameters for home instruction. On April 12, 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 April 18, 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 03215-23 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, petitioners filed a due process complaint regarding none of t hose issues set forth in N.J.A.C. 6A:14 -2.7(a). In fact, p etitioners did not even identify the ir child as a child who receives special education and related services. Even so, petitioners fail to describe the nature of the problem and the facts relating to the problem as required under 20 U.S.C. § 1415(b)(7)(A)(ii). Instead, p etitioners merely challenge the requirements or parameters for the receipt of home or out-of-school instruction due to a temporary or chronic health condition —with no reference to special education or related services. 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) . 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 03215-23 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 19, 2023 DATE BARRY E. MOSCOWITZ Acting Director and Chief ALJ Date Received at Agency: April 19, 2023 Date Sent to Parties: April 19, 2023 dr