Lawrence Twp BOE v DH obo DH | Case 13855-19 | 2019-10-15

New Jersey is an Equal Opportunity Employer State of New Jersey OFFICE OF ADMINISTRATIVE LAW FINAL DECISION FAILURE TO APPEAR OAL DKT. NO. EDS 13855-19 AGENCY DKT.NO. 2020-30719 LAWRENCE TOWNSHIP BOARD OF EDUCATION, Petitioner, v. D.H. ON BEHALF OF D.H., Respondent. _________________________________ Michael A. Pattanite, Jr., Esq., for petitioner (Leneck, Socey, Formidoni, Giordano, Colley, Lang & Casey, attorneys) D.H. on behalf of D.H., respondent, pro se Record Closed: October 15, 2019 Decided: October 15, 2019 BEFORE LISA JAMES-BEAVERS, Acting Director and Chief ALJ: Petitioner, Lawrence Township Board of Educat ion seeks an order that its proposed program and placement pr ovides a Free and Appropriate P ublic Education (FAPE) of minor student, D.H.

OAL DKT. NO. EDS 13855-19 2 This matter was transmitted to the Offic e of Administrative Law (OAL) for a due process hearing. The OAL receiv ed the matter on October 2 , 2019 and an initial hearing was scheduled for October 1 0, 2019 . Respondent failed to appear o n the scheduled date and has not called or written to the unde rsigned to explain the failure to appear. N.J.A.C. 1:1-14.4(a) provides that, if, after appropriate notice, a party does not appear in any proceeding schedu led by a judge, the judge shall h old the matter for one day before taking any actio n. If the jud ge does not receive an explanation for the non - appearance within one day, the judge may direct the Clerk to return the matter to the transmitting agency for ap propriate disposition. Respondent failed to appear at the scheduled proceeding an d failed to pr ovide a documented explanation for the non- appearance one day following the non-appearance. Accordingly, the Clerk should return this matter to the Office of Special Education pursuant to the above-cited rule. Michael Pattanite, Esq., attorney for Board , represented that D.H., the minor student, had severe attendance issues. The District proposed a number of out of district placements a nd respondent, D.H., signed consent to send rec ords. However , respondent and minor student failed to a ttend intake meeting s required for the placement. The District ’s attempts to place stu dent, D.H., including home instru ction were thwarted by respondent. Accordingly, it is ORDERED that the Lawrence Township Board of Edu cation’s petition seeking an order that its proposed program and placement provides a FAPE to respondent, D.H., be and hereby is GRANTED. CONCLUSION Based on the foregoing facts and the applicable law, I CONCLUDE that respondent has failed to ap pear and that the matter should be returned to the transmitting agency.

OAL DKT. NO. EDS 13855-19 3 ORDER It is ORDERED that the Clerk return this matter to the Office of Special Education of the New Jersey Department of Education. This decision is final pursuant to 20 U.S.C. § 1415(i)(1)(A) a nd 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 implem ented with respect to program or services, this concern should be communicated i n writing to the Director, Office of Special Education Programs. October 15, 2019 DATE LISA JAMES-BEAVERS Acting Director and Chief Administrative Law Judge Date Received at Agency Date Mailed to Parties: caa