L.J. o/b/o Z.B. v. Upper Saddle River Board of Education | Case EDS 04667-18 | 2018-04-20

New Jersey is an Equal Opportunity Employer State of New Jersey OFFICE OF ADMINISTRATIVE LAW FINAL DECISION OAL DKT. NO. EDS 04667-18 AGENCY DKT. NO. 2018-27617 L.J. ON BEHALF OF Z.B., Petitioner, v. UPPER SADDLE RIVER BOARD OF EDUCATION, Respondent. _____________________________ No appearance from L.J. Stacey T. Cherry, Esq., for respondent (Fogarty & Hara, attorneys) Record Closed: April 20, 2018 Decided: April 20, 2018 BEFORE LESLIE Z. CELENTANO, ALJ: STATEMENT OF THE CASE Petitioner failed to appear for the in-person settlement conference in this matter. 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.

OAL DKT. NO. EDS 04667-18 2 PROCEDURAL HISTORY On March 30, 2018, petitioner filed a petition for due process with the Department of Education, Office of Special Education. On April 3, 2018, 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 the 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. The matter was scheduled for an in-person settlement conference on April 19, 2018. FINDINGS OF FACT On April 19, 2018 , petitioner did not appear for the settlement conference. Respondent, however did appear. Several attempts to reach petitioner were made to her mobile and work telephone number. No return call has been received from petitioner. 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 she 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. ORDER Given my find ings of fact and conclusions of law, I ORDER that this case be DISMISSED.

OAL DKT. NO. EDS 04667-18 3 This decision is final pursuant to 20 U.S.C. § 1415(i)(1)(A) and 34 C.F.R. § 300.514 (2017) 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 (2017). 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 Directo r, Office of Special Education Programs. April 20, 2018 DATE LESLIE Z. CELENTANO, ALJ Date Received at Agency April 20, 2018 Date Mailed to Parties: dr