JG obo JG v Princeton Public Schools BOE | Case 01350-23 | 2023-03-09

State of New Jersey OFFICE OF ADMINISTRATIVE LAW New Jersey is an Equal Opportunity Employer FINAL DECISION DISMISSAL OAL DKT. NO. EDS 01350-23 AGENCY DKT. NO. 2023-35438 J.G. ON BEHALF OF J.G., Petitioner, v. PRINCETON PUBLIC SCHOOLS, BOARD OF EDUCATION, Respondent. ______________________________ J.S., petitioner pro se Brett E. Gorman, Esq., for respondent (Parker McCay, P.A., attorneys) Record Closed: March 2, 2023 Decided: March 9, 2023 BEFORE JOAN M. BURKE, ALJ: This case which arises under the Individuals with Disabilities Education Act, 20 U.S.C.A. §§1401 to 1484(a) and C.F.R. §§300.500. On January 26, 2023, petitioner submitted a parental request for an expedited due process proceeding to the New Jersey Department of Education, Office of Special Education ( OSE). The OSE transmitted the expedited due process request to the Office of Administrative Law (OAL), where it was filed on February 14, 2023, to be heard as an expedited contested matter. N.J.S.A. 52:14B-1 to 14B-15; N.J.S.A. 52:14F-1 to 14F-13.

OAL DKT. NO. EDS 01350-23 2 This matter was originally set to be heard by Honor able Tricia Caliguire. A prehearing telephone conference was scheduled for February 22, 2023. Counsel for the Board, Brett Gorman, was away but did send an em ail that he was unable to attend. Petitioner did not respond. A hearing was scheduled for March 7, 2023. The matter was transferred to the undersigned for further handling on February 24, 2023. A prehearing conference was scheduled for February 27, 2023 , and a hearing was scheduled for March 2, 2023. Notices advising of th e telephone prehearing conference and hearing dates were emailed to the parties on February 24, 2023. On February 27, 2023, the petitioner failed to dial in for the telephone prehear ing conference. The hearing was scheduled for March 2, 2023, via the Zoom platform for 2 p.m. The parties waited until 2:35 p.m. for petitioner to appear via Zoom but she failed to do so. T o date, petitioner has not contacted this tribunal to explain why she did not appear for the February 27, 2023, prehearing conference or the March 2, 2023, hearing or participate in this process. Accordingly, the petition is therefore DISMISSED without prejudice for failure to pursue a claim of action under N.J.A.C. 1:1-14.4. ORDER Based upon the foregoing, it is ORDERED that the due process petiti on filed by petitioner should be returned to the Department of Education, Office of Special Education, for dismissal of the petition without prejudice.

OAL DKT. NO. EDS 01350-23 3 This decisi on 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 s tudent feels that t his 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. March 9, 2023 DATE JOAN M. BURKE, ALJ Date Received at Agency Date Mailed to Parties: JMB /tat