G.B. obo M.P. v. Winslow Township BOE | Case 10480-23 | 2023-10-16

New Jersey is an Equal Opportunity Employer State of New Jersey OFFICE OF ADMINISTRATIVE LAW FINAL DECISION DISMISSAL OAL DKT. NO. EDS 10480-23 AGENCY DKT. NO. 2024-36416 G.B. ON BEHALF OF M.P., Petitioner, v. WINSLOW TOWNSHIP BOARD OF EDUCATION, Respondent. G.B., petitioner, pro se Dan H. Long, Esq., for respondent (Wade & Wood, LLC, attorneys) Record Closed: October 11, 2023 Decided: October 16, 2023 BEFORE JOSEPH A. ASCIONE, ALJ t/a: STATEMENT OF THE CASE Petitioner failed to appear for the hearing of this case and failed to contact this tribunal to explain why. This matter should be dismissed for the unreasonable failure to comply with any order of a judge or with any requirement of the Uniform Administra tive

OAL DKT. NO. EDS 10480-23 2 Procedure Rules, N.J.A.C. 1:1-1.1 to -21.6, the judge of a case may take any appropriate case-related action, including dismissal. See N.J.A.C. 1:1-14.14. PROCEDURAL HISTORY On August 25, 2023, petitioner filed a petition for due process with the Department of Education, Office of Special Education. On October 6, 2023, the Office of Special Education transmitted the case to the Office of Administrative Law under the Administrative Procedure Act, N.J.S.A. 52:14B -1 to -15, and the act establishing th e Office of Administrative Law, N.J.S.A. 52:14F -1 to - 23, for a hearing under the Uniform Administrative Procedure Rules, N.J.A.C. 1:1 -1.1 to -21.6, and the Special Education Program, N.J.A.C. 1:6A-1.1 to -18.5. On October 6, 2023, the Office of Administrative Law (OAL) had scheduled the hearing via Zoom teleconference for October 10, 2023, at 1:00 p.m. As petitioner failed to appear. FINDINGS OF FACT Petitioner did not appear for the hearing on October 10, 2023 . Respondent, however, did appear. To date, petitioner has not contacted this tribunal to explain why. CONCLUSIONS OF LAW For the unreasonable failure to comply with any order of a judge or with any requirement of the Uniform Administrative Procedure Rules, N.J.A.C. 1:1-1.1 to -21.6, the judge of a case may take any appropriate case -related action, including dismissal. See N.J.A.C. 1:1-14.14. In this case, petitioner failed to appear for the hearing of this case after he was given notice, and to date, has still not contacted this tribunal to explain why. Given this unreasonable failure to appear, I CONCLUDE that this case should be dismissed under the authority granted to me by N.J.A.C. 1:1-14.14.

OAL DKT. NO. EDS 10480-23 3 ORDER Given my findings of fact and conclusions of law, I ORDER that this case be DISMISSED. This decision is final pursuant to 20 U.S.C. § 1415(i)(1)(A) and 34 C.F.R. § 300.514 (2022) 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 (2022). If the parent or adult student feels that this decision is not being fully implemented with respect to program or services, this concern should be communicated in writing to the Director, Office of Special Education. October 16, 2023 DATE JOSEPH A. ASCIONE, ALJ Date Received at Agency: October 16, 2023 Date Mailed to Parties: October 16, 2023 JAA/dw