Edison Township BOE v VV and GV obo NV | Case 9544-19 | 2019-08-07

New Jersey is an Equal Opportunity Employer State of New Jersey OFFICE OF ADMINISTRATIVE LAW FINAL DECISION FAILURE TO APPEAR OAL DKT. NO. EDS 9544-19 AGENCY DKT.NO. 2019-30136 EDISON TOWNSHIP BOARD OF EDUCATION, Petitioner, v. V.V. AND G.V. ON BEHALF OF N.V., Respondents. _________________________________ Alyssa K. Weinstein, Esq., for petitioner (Scarinci Hollenbeck, attorneys) V.V. and G.V. on behalf of N.V., respondents, pro se Record Closed: August 2, 2019 Decided: August 7, 2019 BEFORE LISA JAMES-BEAVERS, Acting Director and Chief ALJ: Petitioner, Edison Township Board of Education seeks an order to deny parental request for an Independent Educational Evaluation (IEE) of minor student. This matter was transmitted to the Offic e of Administrative Law (OAL) for a due process hearing. The OAL receiv ed the matter on July 17, 2019 and an initial hearing

OAL DKT. NO. EDS 9544-19 2 was scheduled for August 1, 2019 . Respondents failed to appear on their scheduled date and despite having been given well over th e requi red time, have not called or written to the undersigned to explain their failure to appear. N.J.A.C. 1:1-14.4(a) provides that, if, after appropriate notice, a party does not appear in any proceeding schedu led by a judge, the judge shall hold the m atter for one day before taking any actio n. If the jud ge does not receive an explanation for the non - appearance within one day, the judge may direct the Clerk to return the matter to the transmitting agency for ap propriate disposition. Respondents failed to appear at the scheduled proceeding an d failed to pr ovide a documented explanation for their non- appearance one day following their non-appearance. Accordingly, the Clerk should return this matter to the Office of Special Education pursuant to the above-cited rule. Accordingly, it is ORDERED that the request for an IEE is denied. CONCLUSION Based on the foregoing facts and the applicable law, I CONCLUDE that respondents have failed to appear and that it should be returned to the transmitting agency. ORDER It is ORDERED that the Clerk return this matter to the Office of Special Education of the New Jersey Department of Education.

OAL DKT. NO. EDS 9544-19 3 This decision is final pursuant to 20 U.S.C. § 1415(i)(1)(A) and 34 C.F.R. § 300.514 (2017) and is appealable by filin g 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 (2017). If the parent or adult student feels that this decis ion is not being fully implem ented with respect to program or services, this concern should be communicated in writing to the Director, Office of Special Education Programs. August 7, 2019 DATE LISA JAMES-BEAVERS Acting Director and Chief Administrative Law Judge Date Received at Agency Date Mailed to Parties: caa