NB and CB obo MD v Union Twp BOE | Case 09660-21 | 2022-04-21

New Jersey Is An Equal Opportunity Employer State of New Jersey OFFICE OF ADMINISTRATIVE LAW FINAL DECISION (Dismissal for Failure to Appear) OAL DKT. NO. EDS09660-21 AGY REF NO. 2022/33529 N.B. AND C.B. ON BEHALF OF M.D., Petitioner, v. UNION TOWNSHIP BOARD OF EDUCATION, Respondent ____________________________________ N.S. and C.B. parents of M.D., Petitioners, pro se Shifra Tarica, Esq., for Respondent (Florio, Perrucci, Steinhardt, Cappelli, Tipton and Taylor, LLC, attorneys) Record Closed: April 13, 2022 Decided: April 21, 2022 BEFORE THOMAS R. BETANCOURT, ALJ: STATEMENT OF THE CASE AND PROCEDURAL HISTORY 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 (OAL) for hearing and final decision on November 24, 2021.

OAL DKT. NO. EDS 09660-21 - 2 - A Zoom hearing was scheduled for April 13, 2022, at 9:00 a.m., notice of which was sent to the petitioner s and counsel for the B oard on March 16, 2022. On April 12, 2022, Petitioners, via email, advised the Cour t that they w ould not be logging in to the Zoom hearing on April 13, 2022. On that same date, my assistant advised petitioner via email that I would open the Zoom hearing as scheduled, should petitioner not log into the hearing at 9:00 am. the subject matter would be marked as a failure to appear and that the file would be retur ned to OSE. Counsel for the Board and their representativ e timely logged in, petitioners did not. Accordingly, the petition must be DISMISSED for failure to appear 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 (2019) 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 (2019). If the parent or adult s tudent feels that this decision is not being fully implemented with respect to program or services, this concern sho uld be communicated in writing to the Direc tor, Office of Special Education Policy and Dispute Resolution. April 21, 2022 DATE THOMAS R. BETANCOURT, ALJ Date Received at Agency ________________________________ Date Mailed to Parties: ___ db