K.M. o/b/o Z.W. v. North Brunswick Township Board of Education | Case EDS 02650-18 | 2018-03-06

New Jersey Is An Equal Opportunity Employer State of New Jersey OFFICE OF ADMINISTRATIVE LAW DECISION (Dismissal for Failure to Appear) OAL DKT. NO. EDS 02650-18 AGENCY DKT. NO. 2018-27549 K.M. on behalf of Z.W., Petitioner, v. NORTH BRUNSWICK TOWNSHIP BOARD OF EDUCATION, Respondent. ___________________________________ No appearance by or on behalf of petitioner Paul Kalac, Esquire, for respondent (Schwartz, Simon, Edelstein & Celso, LLC, attorneys) Record Closed: February 27, 2018 Decided: March 6, 2018 BEFORE DEAN J. BUONO, 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, was transmitted to the Office of Administrative Law for hearing and final decision on February 20, 2018.

OAL DKT. NO. EDS 02650-18 2 A hearing was scheduled for February 27, 2018 . On the day of hearing the petitioner did not appear. To date, she has not explained her nonappearance. Accordingly, as set forth on the record on that date, the petitio n is DISMISSED without prejudice for failure to pursue a claim of action under N.J.A.C. 1:1-14.4. ORDER It is ORDERED that the petition be DISMISSED without prejudice. This decision is final pursuant to 20 U.S.C.A. § 1415(i)(1)(A) and 34 C.F.R. § 300.514 (2009) 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.A. § 1415(i)(2); 34 C.F.R. § 300.516 (2009). March 6, 2018___________ ____________________ DATE DEAN J. BUONO, ALJ Date Received at Agency Date Mailed to Parties: /dw