Greenwich Township BOE v. BS obo AS | Case 02404-23 | 2023-03-24

New Jersey is an Equal Opportunity Employer State of New Jersey OFFICE OF ADMINISTRATIVE LAW FINAL DECISION SUFFICIENCY CHALLENGE OAL DKT. NO. EDS 02404-23 AGENCY DKT. NO. 2023-35544 GREENWHICH T OWNSHIP BOARD OF EDUCATION, Petitioner, v. B.S. ON BEHALF OF A.S., Respondent. _________________________________ Paul C. Kalac, Esq., for petitioner (Weiner Law Group, attorneys) Jamie Epstein, Esq., for respondent Record Closed: March 24, 2023 Decided: March 24, 2023 BEFORE BARRY E. MOSCOWITZ, CALJ: STATEMENT OF THE CASE This decision addresses a sufficiency challenge under 20 U.S.C. § 1415(c)(2)(A), 34 C.F.R. § 300.508(d) (2019), and N.J.A.C. 6A:14-2.7(f).

OAL DKT. NO. EDS 02404-23 2 FINDINGS OF FACT Based on the documents submitted concerning this sufficiency challenge, I FIND the following as FACT: On March 3, 2023, petitioner filed a complaint, a request for due process hearing, with the Department of Education, Office of Special Education (OSE), denying respondents’ request for seven independent evaluations. In its complaint, petitioner included the name of the child, the address of the residence of the child, and the name of the school the child is attending. Petitioner also included a description of the nature of the problem, including facts relating to the problem. Finally, petitione r included a proposed resolution to the problem. On March 17, 2023, respondents filed a sufficiency challenge with OSE under 20 U.S.C. § 1415(c)(2)(A), 34 C.F.R. § 300.508(d) (2019), and N.J.A.C. 6A:14 -2.7(f), asserting that this due process complaint does not meet the requirements of 20 U.S.C. § 1415(b)(7)(A). On March 17, 2023, OSE transmitted the case to the Office of Administrative Law (OAL) under the Administrative Procedure Act, N.J.S.A. 52:14B-1 to -15, and the act establishing the OAL, N.J.S.A. 52:14F-1 to -23. On March 21, 2023, petitioner filed its opposition. CONCLUSIONS OF LAW Under 20 U.S.C. § 1415(b)(7)(A), a due process complaint must provide notice of the following : (I) the name of the child, the address of the residence of the child (or available contact information in the case of a homeless child), and the name of the school the child is attending;

OAL DKT. NO. EDS 02404-23 3 (II) in the case of a homeless child or youth (within the meaning of section 725(2) of the McKinney -Vento Homeless Assistance Act (42 U.S.C. 11434a(2)), available contact information for the child and the name of the school the child is attending; (III) a description of the nature of the problem of the child relating to such proposed initiation or change, including facts relating to such problem; and (IV) a proposed resolution of the problem to the extent known and available to the party at the time. [20 U.S.C. § 1415(b)(7)(A)(ii).] In this case, petitioner filed a due process complaint that includ ed notice of those requirements. They are contained in petitioner’s complaint and highlighted in petitioner’s opposition, but respondent s argue that the complaint is insufficient because they disagree with the basis of petitioner’s denial of their request for independent evaluations . Respondents further argue that the complaint is insufficient because they also disagree with the form of petitioner’s remedy. In so arguing , respondents attack the merits of the case, not the sufficiency of the complaint , which is sufficient as written. Accordingly, I CONCLUDE that the notice contained in the due process complaint is sufficient under 20 U.S.C. § 1415(b)(7)(A). I note that this decision does not preclude r espondent s from renewing their arguments about the merits of the case before the judge assigned to the case. ORDER Given my findings of fact and conclusions of law, I ORDER that the sufficiency challenge be DENIED, and that the timelines for conducting a due process hearing be CONTINUE D.

OAL DKT. NO. EDS 02404-23 4 This decision is final under 20 U.S.C. § 1415(i)(1)(A) and is appealable under 20 U.S.C. § 1415(g)(2) by filing a petition and bringing a civil action in the Law Division of the Superior Court of New Jersey or in a district court of the United States . March 24, 2023 DATE BARRY E. MOSCOWITZ Acting Director and Chief ALJ Date Received at Agency: March 24, 2023 Date Sent to Parties: March 24, 2023 dr