LB and CB obo NB v Ewing Twp BOE | Case 10497-18 | 2018-12-17

New Jersey is an Equal Opportunity Employer State of New Jersey OFFICE OF ADMINISTRATIVE LAW DECISION ON EMERGENT RELIEF OAL DKT. NO. EDS 17603-18 AGENCY DKT. 2019-2917 L.B AND C.B. ON BEHALF OF N.B., Petitioners, v. EWING TOWNSHIP BOARD OF EDUCATION, Respondent. _____________________________________ Hillary D.Freeman, Esq., for petitioner (Freeman Law Offices, attorneys) Robin Ballard, Esq., for respondent (Schenck, Price, Smith & King, attorneys) Record Closed: December 12, 2018 Decided: December 17, 2018 BEFORE SARAH G. CROWLEY, ALJ: STATEMENT OF THE CASE AND PROCEDUREAL HISTORY The petitioner, through counsel, Hillary D. Freeman, Esq., filed an application for Emergent Relief against Ewing Township Board of Education, seeking an order establishing stay-put in Antheil Elementary School. The matter was transmitted to the Office of Administrative Law (OAL) on December 10, 2018, as a contested case pursuant

OAL DKT. NO. EDS 17603-18 2 to N.J.S.A. 52:14B-1 to 15 and 14F -1 to 13 . The matter was scheduled before the undersigned for December 12, 2012. The respondent, through their attorney, Robin Ballard, Esq., filed a response advisin g that they would agree to stay -put at Antheil Elementary School. A conference call was conducted with the parties on December 11, 2018, and the agreement was put on the record between the parties on December 1 2, 2018. Accordingly, the Emergent matter is hereby resolved pursuant to this Decision and stay-put is hereby ORDERED at Ant heil Elementary School, and the issue of the appropriate placement, which is the subject matter of a separate due process proceeding (OAL Docket No. EDS 16794 -2018) and same will continue, as will the placement until that matter is resolved. This decision on application for emergency relief shall remain in effect until the issuance of the decision on the merits in th e related matter (OAL 16794 -2018). The hearing having been requested by the parents, this matter is hereby returned to the Department of Education for a local resolution session, pursuant to 20 U.S.C.A. § 1415 (f)(1)(B)(i). 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 Director, Office of Special Education Programs. December 17, 2018 DATE SARAH G. CROWLEY, ALJ Date Received at Agency December 17, 2018 (emailed)____ Date Mailed to Parties: _____ SGC/mel