MB obo TB v Ewing Twp BOE | Case 04683-22 | 2022-06-22

New Jersey is an Equal Opportunity Employer State of New Jersey OFFICE OF ADMINISTRATIVE LAW FINAL DECISION SUFFICIENCY CHALLENGE OAL DKT. NO. EDS 04683-22 AGENCY DKT. NO. 2022-34433 M.B. ON BEHALF OF T.B., Petitioner, v. EWING TOWNSHIP BOARD OF EDUCATION, Respondent. _________________________________ M.B., petitioner, pro se Robin S. Ballard , Esq., for respondent ( Schenck, Price, Smith & King, LLP , attorneys) Record Closed: June 21, 2022 Decided: June 22, 2022 BEFORE BARRY E. MOSCOWITZ, ALJ: 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 04683-22 2 FINDINGS OF FACT Based on the documents submitted concerning this sufficiency challenge, I FIND the following as FACT: On June 3, 202 2, petitioner filed a request for due process hearing with the Department of Education, Office of Special Education (OSE). On June 10, 2022, respondent filed a sufficiency challenge with 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), to determine whether this request for due process hearing meets the requirements of 20 U.S.C. § 1415(b)(7)(A). On June 10, 2022, 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. In her request for due process hearing , petitioner writes that her son’s behaviors relate to his disability, and that his educational program needs the following features, as a result : structure, extra time , clearly understood expectations, small -class size, multisensory learning, and social-emotional support. CONCLUSIONS OF LAW Under N.J.A.C. 6A:14-2.7(c), a request for due process hearing must include the relevant facts, the specific disputed issues, and what relief is being sought.” Respondent argues that petitioner’s request does not include any of these. To me, a fair reading of the request for due process hearing does contain these things, that is, it is provides the relevant facts (the behaviors) , the specific issues ( whether the current educational program is appropriate given the implied absence of the above features), and what relief is being sought (th ose features). Therefore, I CONCLUDE that the notice contained in

OAL DKT. NO. EDS 04683-22 3 the request for due process hearing is sufficient under the law, and that the timelines for conducting a due process hearing should continue. ORDER Given my findings of fact and conclusions of law, I ORDER that the request for due process hearing is SUFFICIENT, and that the timelines for conducting a due process hearing shall continue. 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 a district court of the United States. June 22, 2022 DATE BARRY E. MOSCOWITZ, ALJ Date Received at Agency: June 22, 2022 Date Sent to Parties: June 22, 2022 dr