NC obo BC v Gloucester City BOE | Case 09938-18 | 2019-03-13

New Jersey is an Equal Opportunity Employer State of New Jersey OFFICE OF ADMINISTRATIVE LAW FINAL DECISION DISMISSAL-FAILURE TO APPEAR OAL DKT. NO. EDS 09938-18 AGENCY DKT. NO. 2018-28021 N.C. ON BEHALF OF B.C., Petitioner, v. GLOUCESTER CITY BOARD OF EDUCATION, Respondent. _____________________________________ N.C. on behalf of B.C., petitioner, pro se Susan S. Hodges, Esq., for respondent (Parker McCay, attorneys) Record Closed: February 21, 2019 Decided: March 13, 2019 BEFORE JOHN S. KENNEDY, 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 (OAL) for hearing on July 16, 2018. A dial-in telephonic hearing was scheduled for February 21, 2019, at 4:00 p.m., a notice of which was sent to the petitioner on January 22, 2019, by regular mail. On the day

OAL DKT. NO. EDS 09938-18 2 of the telephonic hearing, the petitioner did not appear. This was the second time the petitioner was a failure to appear, and as of the date of this Decision, the petitioner has not explained her non-appearance. 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 (2017). March 13, 2019 DATE JOHN S. KENNEDY, ALJ Date Received at Agency: Date emailed to Parties: /dm