ML obo EL v Paterson BOE | Case 03360-18 | 2018-10-12
New Jersey special education due-process decision
- Case number
- 03360-18
- Date
- 10/12/2018
- Parties / district (official listing)
- ML obo EL v Paterson BOE
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Decision text
Page 1
NEW JERSEY IS AN EQUAL OPPORTUNITY EMPLOYER
State of New Jersey
OFFICE OF ADMINISTRATIVE LAW
DECISION
(Dismissal for Failure to Appear)
OAL DKT. NO. EDS 03360-18
AGENCY DKT. NO. 2018/27537
M.L. ON BEHALF OF E.L.,
Petitioners,
v.
PATERSON BOARD OF EDUCATION,
Respondent
___________________________________
M.L., parent of E.L., Petitioner, pro se
Frances Barto, Esq., for Respondent (Barto & Barto, attorneys)
Record Closed: October 15, 2018 Decided: October 15, 2018
BEFORE THOMAS R. BETANCOURT, ALJ:
This case, which arises under the Individuals with Disabilities Education Act, 20
U.S.C.A. §§1401 to 1484(a) and C.F.R. §§300.500, was transmitted to the Office of
Administrative Law for hearing and final decision on March 6, 2018.
Page 2
OAL DKT. NOS. EDS 03360-18
2
A hearing was scheduled for October 15, 2018, notice of which was sent to the
petitioner by the Office of Administrative Law on March 23, 2018. These dates were
also confirmed in a Pre-hearing Order issued on March 26, 2018.
On the day of hearing petitioner did not appear. Attempts were made to contact
Petitioner by telephone and a message was left for her return call. Pe titioner has not
explained her nonappearance. Accordingly, the petition must be DISMISSED for failure
to pursue a claim of action under N.J.A.C. 1:1-14.4.
ORDER
I ORDER that the petition be DISMISSED.
This decision is final pursuant to 20 U.S.C. § 1415(i)(1)(A) and 34 C.F.R.
§ 300.514 (2018) 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 (2018). If the parent or
adult s tudent 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.
October 15, 2018__________ ____________________________
DATE THOMAS R. BETANCOURT, ALJ
Date Received at Agency
Date Mailed to Parties: