PR and AR obo PR v. Wayne Township BOE | Case 03388-23 | 2023-04-28

New Jersey is an Equal Opportunity Employer State of New Jersey OFFICE OF ADMINISTRATIVE LAW FINAL DECISION ON EMERGENT RELIEF OAL DKT. NO. EDS 03388-23 AGENCY DKT.NO. 2023-35766 P.R. AND A.R. ON BEHALF OF P.R., Petitioner, v. WAYNE TOWNSHIP BOARD OF EDUCATION, Respondent. __________________________________ _____ P.R. , petitioner appearing pro se. Margaret Miller, Esq. for respondent ( Weiner Law Group, LLC) BEFORE KIMBERLY A. MOSS, ALJ: STATEMENT OF THE CASE Petitioners, P.R a nd A.R. on behalf of minor child P.R., brings this action seeking home instruction and related services . PROCEDURAL HISTORY

OAL DKT. NO. EDS 03388-23 2 On April 26 , 2023, the Office of Special Education Programs transmitted the matter to the Office of Admini strative Law (OAL) for emergent relief. Opposition to the motion was filed on April 27, 2023. Oral arguments were held on April 28, 2023. FACTUAL DISCUSSION After carefully considering the documentary evidence presented, and having had the opportunit y to hear oral arguments, I FIND the following FACTS: P.R. is a resident of the Wayne Township school district. P.R . receives special education services under the classification of autism. P.R . is presently enrolled in the Crossroads Academy in Clifton , New Jersey, an out o f district placement. He began at Crossroads on November 14, 2022. P.R. had difficulty getting to school on time. The school day began a t 8:30 am. A thirty-day IEP meeting was held on December 15, 2022. At that meeting it was decided that the P. R.’s schedule was amended so that P.R . could attend school from 10:00 a.m. to 2:30p.m. In January 2023, P.R. was absent from school eleven and tardy ten times. There was another meeting of the parties on January 18, 2023, to discuss P.R.’s attendance problems. Respondent alleges that Crossroads offered petitioner a social worker and behaviorist services to assist the family with getting P.R. ready for school. Petitioners rejected the offer. In February 2023, P.R only attended Crossroads on February 14, Februa ry 15, and February 27 th. A meeting was held on March 27, 2023, to discuss P.R.’s attendance problem. Petitioners stated that they could not get P.R. ready for school or engage in activities outside of the house. Crossroads had informed the District that P.R. had difficulties with transitions. P.R. was absent from school nine days in March 2023 and five days in April 2023. He was tardy fourteen days in March 2023 and five days in April 2023. Petitioners state that P.R . is non - verbal although he does use words sporadically. Petitioner states that P.R. has the following medical conditions: Post

OAL DKT. NO. EDS 03388-23 3 Traumatic Stress Disorder, catatonia, obsessive compulsive disorder, misophonia , and enuresis. They have not provided any medical documentation. Petitioner stated that they intended to drive P.R. to school until he got used to the school. P.R. was in a classroom with two other students. He previously was not in a class with other children. He states that P.R has a history of avoiding schools and classrooms due to being around loud and disruptive students. On February 2, 2023, P.R. had four wisdom teeth removed. Petitioner states that P.R. has regressed with transitions and behaviors since he started at Crossroads. Petitioner stated that they are constantly going to doctors to pinpoint P.R.’s illnesses. Petitioner is concerned that Crossroads has two to four people escorting P.R. in and out of the school. He states that the escorts use gym mats. Petitioner has no documentation that h ome instruction, a more restrictive environment is an appropriate placement for P.R. No eviden ce of regression was presented . No document ation that Crossroad triggered anxiety in P.R. was produced. Petitioners state that P.R. has mold in his system and has developed head ticks. In addition, petitioner has a history of urinating on himself. LEGAL ANALYSIS AND CONCLUSION The standards for the granting of emergent relief ar e set forth in N.J.A.C. 6A:3 - 1.6(b). Emergent relief may be granted if the judge determines from the proofs that: 1. The petitioner will suffer irreparable harm if the requested relief is not granted; 2. The legal right underlying the petitioner’s claim is settled; 3. The petitioner has a likelihood of prevailing on the merits of the underlying claim; and

OAL DKT. NO. EDS 03388-23 4 4. When the equities and interests of the parties are balanced, the petitioner will suffer greater harm than the respondent will suffer if the requested relief is not granted. In this matter, the petitioner has not shown that P.R. will suffer irreparable harm if he is not given home instruction . Petitioner has provided no documentation that P.R. has regressed. In addition, other tha n when P.R. had w isdom removed in February 2023, P.R. had many unexcused absences . There was no evidence that P.R. will suffe r irreparable harm if he continues t o attend Crossroads. Petitioners have not shown that they have a likelihood of prevaili ng on the merits or that the petitioners’ underlying claim is settled , the y have not provided any legal arguments or case law that supports their position . They have not shown that home instruction is appropriate for P.R. In this c ase, after hearing the arguments of petitioner and respondent and considering the documentation submitted, I CONCLUDE that petitioner has not met the requirements of N.J.A.C. 6A:3-1.5(b). ORDER It is ORDERED that the petition for emergent relief be and is hereby DENIED.

OAL DKT. NO. EDS 03388-23 5 This decision on application for emergency relief shall remain in effe ct until the issuance of the decision on the merits i n thi s ma tter. The hearing having been requested by the parents, this matter is hereby returned to the Department of Education for a local resolution session, pursuant to 20 U.S.C.A. § 1415 (f)(1)(B)(i). If the parent or adult student feels that this dec ision is not being fully implemented with respect to program or services, this concern should be communicated in writing to the Director, Office of Special Education . April 28, 2023 DATE KIMBERLY A. MOSS, ALJ Date Received at Agency April 28, 2023_____________ Date Mailed to Parties: April 28, 2023