Elmwood Park BOE v. R.A. and J.C. obo M.A. | Case 07021-25 | 2025-05-02

New Jersey is an Equal Opportunity Employer State of New Jersey OFFICE OF ADMINISTRATIVE LAW FINAL DECISION EMERGENT RELIEF OAL DKT. NO. EDS 07021-25 AGENCY DKT. NO. 2025-39010 ELMWOOD PARK BOARD OF EDUCATION, Petitioner, v. R.A. AND J.C. ON BEHALF OF M.A., Respondent s. _________________________________ ____ Frances Febres, Esq., for petitioner (Cleary Giacobbe Alfieri Jacobs, attorneys) R.A. and J.C. o/b/o M.A., respondents, pro se BEFORE ANDREA PERRY VILLANI, ALJ: Record Closed: May 1, 2025 Decided: May 2, 2025 THIS MATTER was brought before this tribunal by petitioner upon application for Emergent Relief. Papers were submitted in support of the applicatio n. No papers were submitted in opposition to the application. Petitioner appeared for oral argument on May 1, 2025. Respondents did not appear. Having considered the papers submitted and oral argument presented, and for good cause having been shown; IT IS on this 2nd day of May 2025,

OAL DKT. NO. EDS 07021-25 - 2 - ORDERED that petitioner’s application for Emergent Relief is GRANTED for the reasons stated on the record. It is further ORDERED that M.A. will receive home instruction for up to forty -five days, and petitioner will reassess M.A.’s home instruction near the end of the forty-five-day period to determine whether an extension is appropriate pending resolution of the expedited due process matter. M.A. shall submit to a psychiatric evaluation by an evaluator to be identified by petitioner at petitioner’s sole cost prior to the expiration of the forty-five-day period and returning to school. In the meantime, petitioner is hereby authori zed to send M.A.’s records to specialized out -of-district programs that may be able to meet M.A.’s needs . This final decision on application for emergent relief shall remain in effect until the issuance of the final decision in the underlying expedited due process matter, which is scheduled for hearing on May 19, 2025. If the parent or adult student believes that this decision is not being fully implemented with respect to a program or service, then this concern should be communicated in writing to the Director, Office of Special Education Policy and Dispute Resolution , Department of Education. May 2, 2025 DATE ANDREA PERRY VILLANI, ALJ Date Received at Agency: May 2, 2025 Date Sent to Parties: May 2, 2025 sej