Monroe Twp BOE v CG obo CM | Case 05252-19 | 2019-04-26

New Jersey is an Equal Opportunity Employer State of New Jersey OFFICE OF ADMINISTRATIVE LAW DECISION GRANTING DISTRICT’S REQUEST TO DENY INDEPENDENT EVALUATIONS WITHOUT PREJUDICE TO PARENT’S ABILITY TO AGAIN REQUEST OAL DKT. NO. EDS 05252-19 AGENCY DKT. NO. 2019 29574 MONROE TOWNSHIP BOARD OF EDUCATION, Petitioner, v. C.G. ON BEHALF OF C.M., Respondent. John J. Armano, Jr., Esq., for petitioner (Trimble & Armano, attorneys) No appearance by or on behalf of respondent Record closed: April 26, 2019 Decided: April 26, 3019 BEFORE JOSEPH A. ASCIONE, ALJ: Petitioner moved for an Order deny respondent’s request for an independent medical evaluation of her special education eligible son. Respondent failed to appear on the initial settlement conference date. Earlier in the week, petitioner’s counsel requested his appearance be by telephone as he had a prosecutorial obligation to a municipal court. This tribunal attempted to contact respon dent, unsuccessfully. Petitioner’s counsel’s request had been granted in the absence of consent as

OAL DKT. NO. EDS 05252-19 2 respondent’s contact proved unsuccessful . The tribunal informed by petitioner’s counsel that the Department of Human Services, Division of Child Protection and Permanency had removed the student from C.G.’s care ; however, continued placement in the same school. The rights of C.G. were not extin guished. However, the whereabouts of C.G. were unknown, and contact unsuccessful. This tribunal cannot confirm whether C.G. had notice of the within settlement conference, though notice had been sent to her last known address. NATURE OF PROCEEDINGS AND PROCEDURAL HISTORY Petitioner filed the within due process petition on March 18 , 201 9. T he New Jersey Department of Education transmitted the matter to the Office of Administrative Law (OAL) on April 17, 2019. The settlement conference was noticed on April 17, 2019, for a hearing at 10 :00 a.m. at the OAL, Quakerbridge offices. Respondent did not appear at that time , nor had she appeared or contacted this office within twenty -four hours thereafter. ORDER The petitioner’s application to deny an independent evaluation of the student C.M. is GRANTED, without prejudice , to the parent again requesting an independent evaluation. As the parent’s whereabouts and the student’s circumstances unascertainable, rather than keep this matter open pending parental/guardian contact, this tribunal grants the districts request to deny the independent evaluation. If the parent again seeks the independent evaluation of her son, she may do so and the district, if opposed to the request, should refile a due process petition. Accordingly, it is on this 2 6th day of April 2019, ORDERED that petitioner’s application to deny an independent evaluation of C.M. is GRANTED, without prejudice to the parent again requesting same.

OAL DKT. NO. EDS 05252-19 3 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 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 Directo r, Office of Special Education Programs. April 26, 2019 DATE JOSEPH A. ASCIONE, ALJ Date Received at Agency Date Mailed to Parties: /lam