DM obo GM v Newark BOE | Case 02137-21 | 2021-10-18

New Jersey is an Equal Opportunity Employer State of New Jersey OFFICE OF ADMINISTRATIVE LAW FINAL DECISION DISMISSAL OAL DKT. NO. EDS 02137-21 AGENCY DKT. NO. 2021-32473 D.M. ON BEHALF OF G.M., Petitioner, v. NEWARK CITY BOARD OF EDUCATION, Respondent. __________________________ No Appearance by D.M. o/b/o G.M., petitioner, pro se Sabrina Styza, Esq., for respondent Record Closed: October 14, 2021 Decided: October 18, 2021 BEFORE SUSANA E. GUERRERO, ALJ: STATEMENT OF THE CASE AND PROCEDURAL HISTORY This case arises un der the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 to 1482. D.M. on behalf of G.M. filed a request for a due process hearing. The Office of Special Education Policy and Dispute Resolution of the New Jersey Department of Education tran smitted the matter to the Office of Administrative Law

OAL DKT. NO. EDS 02137-21 2 (OAL), where it was filed on March 1, 2021 . The matter was assigned to the undersigned on March 26, 2021. FINDINGS OF FACT I FIND the following uncontested FACTS: 1. After numerous attemp ts to cond uct a telephone prehearing conference, an initial conference was held on April 29, 2021 with D.M., G.M.’s father, and Sabrina Styza, Esq., on behalf of the respondent . At the conference, the parties agreed to a settlement conference. 2. A settlement conference was scheduled for June 2 2, 2021, via Zoom, but petitioner did not appear , and D.M. did not contac t the undersigned prior to that date to request a n adjou rnment or to advise that he could not appear on June 22, 2021. 3. The settlement conference was resche duled and held on June 29, 2021 . A settlement was not reached, and a continuation of the settlement conference was scheduled for July 15, 2021, via Zoom. 4. Again, petitioner did not appear despite emails and attempts to call D.M. to remind him of the con ference that day. Petitioner again did not con tact the undersigned on or after July 15, 2021 , to explain the reason for h is failure to appear for the scheduled proceeding. 5. The settlement conference was re scheduled and held on August 5, 2021, via Zoom, but again a settlement was not reached and D.M. stated that he was considering retaining a n attorney. At the conclusion of this conference, the undersigned scheduled a telephone conference for September 1, 2021 , to be attended by D.M. , or his attorney if he retained one, and Ms. Styza . The purpose of this conference was to make a final attempt to resolve the matter, and, if settlement could not be reached, to

OAL DKT. NO. EDS 02137-21 3 schedule a hearing. D.M. failed to attend the September 1, 20 21 conference, without explanation. 6. The telephone status conference was rescheduled to September 29, 2021, but D.M. did not appear , and provided no explanation for his failure to appear. 7. The undersigned provided petitioner yet another opportunity to appear for the conference. It was scheduled fo r October 14, 202 1, and the notice specifically informed petitioner that the matter would be dis missed if he failed to appear. Ms. Styza appeared for the call, however , petitioner did not, after waiting fifteen minutes for him to call in. Again, he provided no explanation for his failure to appear. 8. Notices for the aforementioned conferences were sent to petitioner using the email and address provided by petitioner. CONCLUSIONS OF LAW Based upon the foregoing facts and the applicable law , I CONCLUDE that, in light of petitioner ’s multiple failures to appear for scheduled conferences without a ny explanation, he has abandoned this matter , and that the matter should be returned to the transmitting agency. 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 nonappearance within one da y, the ju dge may dir ect the Clerk to return the matter to the transmitting agency fo r appropriate disposition. D.M. failed to appear for multiple scheduled proceedings, most recently on October 14, 2021, and he failed to provide an explanation for any of the nonappearances. He also specifically failed to provide an y explanation for his nonappearance one day fol lowing the October 14, 2021 nonappearance. Accordingly, the Clerk should return this matter to the Office of Special Education Policy and Dispute Resolution as a DISMISSAL.

OAL DKT. NO. EDS 02137-21 4 ORDER It is ORDERED that the Clerk return this file to the Office of Special Edu cation Policy and Dispute Resolution 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 (2019) 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 (2019). If t he parent or adult s tudent feels that this decision is not being fully implemented with respect to program or service s, this concern should be communicated in writing to the Directo r, Office of Special Education Policy and Dispute Resolution. October 18, 2021 DATE SUSANA E. GUERRERO, ALJ Date Received at Agency Date Mailed to Parties: jb