M.K. and Y.X. obo G.K. v. Glen Rock Boro BOE | Case 20091-25 | 2025-12-08

New Jersey is an Equal Opportunity Employer State of New Jersey OFFICE OF ADMINISTRATIVE LAW FINAL DECISION SUFFICIENCY CHALLENGE OAL DKT. NO. EDS 20091-25 AGENCY DKT. NO. 2026-40066 M.K. AND Y.X. ON BEHALF OF G.K., Petitioners, v. GLEN ROCK BORO BOARD OF EDUCATION, Respondent. _______________________________________ M.K. and Y.X., petitioners, pro se Robin S. Ballard , Esq., for respondent (Schenck, Price, Smith & King, LLP, attorneys) Record Closed: December 8, 2025 Decided: December 8, 2025 BEFORE BARRY E. MOSCOWITZ, CALJ: STATEMENT OF THE CASE This decision addresses a sufficiency challenge under 20 U.S.C. § 1415(c)(2)(A), 34 C.F.R. § 300.508(d) (2019), and N.J.A.C. 6A:14-2.7(f).

OAL DKT. NO. EDS 20091-25 2 FINDINGS OF FACT Based on the documents submitted concerning this sufficiency challenge, I FIND the following as FACT: On November 21, 2025, petitioners, M.K. and Y.X. on behalf of G.K., filed a request for due process hearing with the Department of Education, Office of Special Education (OSE), against respondent, Glen Boro Board of Education . In their request for due process hearing, petitioners allege that respondent collected behavioral data of their child in violation of federal and state law but assert that this can be resolved if respondent ceases collecting th e data. On December 2, 2025 , respondent filed a sufficiency challenge with the OSE under 20 U.S.C. § 1415(c)(2)(A), 34 C.F.R. § 300.508(d) (2019), and N.J.A.C. 6A:14-2.7(f). In its sufficiency challenge, respondent argues that petitioners’ due process complaint does not allege a special education dispute for which petitioners can request a due process hearing under the law. On that same date, the OSE transmitted the case to the Office of Administrative Law (OAL) under the Administrative Procedure Act, N.J.S.A. 52 :14B-1 to -15, and the act establishing the OAL, 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 -18.4. CONCLUSIONS OF LAW Under 20 U.S.C. § 1415(b)(7)(A), a due process complaint must provide notice of the following: (I) the name of the child, the address of the residence of the child (or available contact information in the case of a homeless child), and the name of the school the child is attending; (II) in the case of a homeless child or youth (within the meaning of section 725(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2)), available contact information for the child and the name of the school the child is attending;

OAL DKT. NO. EDS 20091-25 3 (III) a description of the nature of the problem of the child relating to such proposed initiation or change, including facts relating to such problem; and (IV) a proposed resolution of the problem to the extent known and available to the party at the time. [20 U.S.C. § 1415(b)(7)(A)(ii).] In this case, respondent argues that petitioners’ due process complaint does not allege a special education dispute for which petitioners can request a due process hearing under the law . Whether petitioners allege a special education dispute for which petitioners can request a due process hearing , however, is not the issue. The issue is whether petitioners have provided notice of the items above . In short, petitioners have. Therefore, I CONCLUDE that the notice contained in the due process complaint is sufficient under 20 U.S.C. § 1415(b)(7)(A). This conclusion notwithstanding, r espondent may renew its argument before the judge assigned to hear this case. ORDER Given my findings of fact and conclusions of law, I ORDER that the sufficiency challenge is DENIED, and that the timelines for conducting a due process hearing must CONTINUE.

OAL DKT. NO. EDS 20091-25 4 This decision is final under 20 U.S.C. § 1415(i)(1)(A) and is appealable under 20 U.S.C. § 1415(g)(2) by filing a petition and bringing a civil action in the Law Division of the Superior Court of New Jersey or in the United States Dis trict Court for the State of New Jersey. December 8, 2025 DATE BARRY E. MOSCOWITZ Acting Director and Chief ALJ Date Received at Agency: December 8, 2025 Date Sent to Parties: December 8, 2025 dr