DF obo KC v Black Horse Pike Regional BOE | Case 14691-18S | 2018-10-11

New Jersey is an Equal Opportunity Employer State of New Jersey OFFICE OF ADMINISTRATIVE LAW DECISION SUFFICIENCY OF PETITION OAL DKT. NO. EDS 14691-18 AGENCY DKT. NO. 2019 28848 D.F. on behalf of K.C., Petitioner, v. BLACK HORSE PIKE REGIONAL BOARD OF EDUCATION, Respondent. ________________________ Record Closed: October 10, 2018 Decided: October 11, 2018 BEFORE EDWARD J. DELANOY, JR., ALAJ: On September 26 , 2018 , petitioner filed a due process petition with the Department of Education, Office of Special Education Programs (OSEP). On or about October 9, 2018, respondent filed a notice asserting that the petition is insufficient because the petitioner had not asserted in the petition any facts which would place the respondent in a position to understand petitioner’s position or allow respondent the opportunity to effectively defend this matter. Respondent urges that the petition fails to include the specific issues in dispute or a description of the nature of the problem. Instead, respondent argues that the petition asserts several extremely vague and

OAL DKT. NO. EDS 14691-18 2 disjointed alleged facts, which taken together, fail to describe any specific issues in dispute, and p etitioner has not alleged any specific violation that respondent failed to provide a free, appropriate, public education (FAPE). The Office of Special Education Programs transmitted this case to the Office of Administrative Law, where it was filed on October 10, 2018. In order to obtain a hearing on a due process petition or to engage in a resolution session based upon a due process petition, the petition must provide information including the following: the name of the child; the address of the residence of the child, or, if homeless, available contact information for the chil d; the name of the school the child is attending; a description of the nature of the problem of the child relating to the proposed or refused initiation or change; the facts relating to the problem; and a proposed resolution to the problem, i.e., relief sought, to the extent known and available to the party at the time. 20 U.S.C. § 1415 (b)(7)(A); 34 C.F.R. § 300.508(b) and (c). Upon review of the due process petition, there is only a brief recitation by petitioner of the nature of the complaint and the facts relating to K.C. Specifically, in the September 23, 2018, due process petition, petitioner alleges that: Last year I had two meeting [sic] with the school which the manager from the IEP w ant to put my son to a night time school for any reason I communicated with the supervisor of the IEP manager because he wants to do things his way and not respect my right [sic] or my son [sic] right [sic]. The manager told me the 28 day I will receive a letter to appeal the decision of which never happened. I only received a letter 3 day [sic] before starting school saying that he had to go to school at night. Also I contact [sic] the principal the principal from the program my son it [sic] in. Also the new supervise [sic] my son being out of school on [sic] As such, the pro se petitioner has not presented a basic platform sufficient to allow the school board, the school district, and a reviewing tribunal the ability to understand the dispute that petitioner is raising. P etitioner’s allegations and statements of grievances are not outside the scope of a due process petition challenging FAPE, but

OAL DKT. NO. EDS 14691-18 3 petitioner has not sufficiently outlined the facts that relate to the problem that petitioner hopes to see resolved. In addition, petitioner has not produced any su pporting documentation. As such, I am satisfied that petitioner has not sufficiently outlined the facts relating to the problem, and petitioner has not set forth a valid proposed resolution to the problem. Having reviewed the petition for due process, I FIND that it does not set forth the information required by statute and regulation . Specifically, the petition does properly include the following: _X_ the name of the child. _X_ the address of the residence of the child. _X_ the name of the school the child is attending. N/A the available contact information for a homeless child. _X_ a description of the nature of the problem relating to the proposed or refused initiation or change. __ the facts relating to the problem. __ a proposed resolution to the problem to the extent known and available to the party at the time. Notwithstanding the aforementioned items that are properly included, t he due process petition fails to assert the specific issues in dispute or a description of the nature of the problem. Instead, the petition incudes a vague and disjointed dissertation of alleged facts, which fail to describe any specific issues in dispute when read both individually and collectively. In addition, petitioner failed to state a proposed resolution to the problem or relief sought. Petitioner appears to describe two meetings with an “IEP manager” who “wants to do things his way” by putting K.C. in a “night time school.” A recitation of the alleged facts continues, but no description of how this probl em could be resolved is provided by petitioner. Therefore, without a description of the problem or issues in dispute, respondent is unable to file an informed response to this portion of the

OAL DKT. NO. EDS 14691-18 4 petition, other than making general denials, which is not permi tted under N.J.A.C. 16A:14-2.7(e). I CONCLUDE that the petition is insufficient, and I ORDER the due process petition DISMISSED. This decision is final pursuant to 20 U.S.C. § 1415( g)(2) and is appealable by filing a petition 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(g)(2). October 11, 2018 DATE EDWARD J. DELANOY, JR., ALAJ Date Received at Agency: _______________________________ Date Sent to Parties: mph