DB and GB obo LB v. Gloucester Township BOE | Case 04813-21 | 2023-06-12

New Jersey is an Equal Opportunity Employer State of New Jersey OFFICE OF ADMINISTRATIVE LAW FINAL DECISION OAL DKT. NO. EDS 04813-21 AGENCY DKT. NO. 2021-32755 D.B. AND G.B. ON BEHALF OF L.B., Petitioner, v. GLOUCESTER TOWNSHIP BOARD OF EDUCATION, Respondent. ____________________________ D.B. and G.B., petitioner, pro se Brett E.J. Gorman, Esq., for respondent (Parker McCay, P.A., attorneys) Record Closed: April 28, 2023 Decided: June 12, 2023 BEFORE JUDITH LIEBERMAN, ALJ: STATEMENT OF THE CASE Petitioners, D.B. and G.B., on behalf of student L.B., filed this due process petition in which they sought one on one instruction, small group instruction or enrollment in a learning program, and an extended school year. In October and November 2022, multiple attempts were made to communicate with petitioners. Because they did not respond, a hearing was scheduled for January 3,

OAL DKT. NO. EDS 04813-21 2 2023. Petitioners failed to appear for that hearing. The matter was rescheduled to April 28, 2023. Petitioners failed to appear for that hearing. To date, no letter of explanation has been received from petitioners regarding their failure to respond to commun ications or to appear for scheduled events. Petitioners have not forwarded either a letter of withdrawal, a request to move forward to a hearing, or information regarding settlement discussions. Counsel for respondent has advised that petitioners no lon ger reside in the school district that is the subject of this petition. N.J.A.C. 1:1-14.4(a) provides that, if, after appropriate notice, a party does not appear in any proceeding scheduled by a judge, the judge shall hold the matter for one day before taking any action. If the judge does not receive an explanation for the nonappearan ce within one day, the judge may direct the Clerk to return the matter to the transmitting agency for appropriate disposition. Because the petitione rs have failed to appear for all scheduled appearances and has not contacted the OAL to address these failures, I CONCLUDE that petitioners have abandoned their appeal. ORDER It is hereby ORDERED that this appeal be DISMISSED.

OAL DKT. NO. EDS 04813-21 3 This decision is final under 20 U.S.C.A. § 1415(i)(1)(A) and 34 C.F.R. § 300.514 (2023) and is appealable by filing a complaint 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. 20 U.S.C.A. § 1415(i)(2); 34 C.F.R. § 300.516 (2016). If the parent or adult student believes that this decision is not being fully implemented with respect to any program or service, then this concern should be communicated , in writing to the Directo r of the Office of Special Education. June 12, 2023 DATE JUDITH LIEBERMAN, ALJ Date Received at Agency Date Mailed to Parties: JL/jm