R.W. o/b/o L.W. v. Atlantic City Board of Education | Case EDS 5031-18 | 2018-05-02

New Jersey is an Equal Opportunity Employer State of New Jersey OFFICE OF ADMINISTRATIVE LAW FINAL DECISION FAILURE TO APPEAR OAL DKT. NO. EDS 5031-18 AGENCY DKT. NO. 2018 27636 R.W. on behalf of L.W., Petitioner, v. ATLANTIC CITY BOARD OF EDUCATION, Respondent. ___________________________________ No appearance by R.W., petitioner, pro se Tracey Riley, Esq., for respondent (Law Offices of Riley & Riley, attorneys) Record Closed: April 27, 2018 Decided: May 2, 2018 BEFORE DEAN J. BUONO, ALJ: STATEMENT OF THE CASE AND PROCEDURAL HISTORY The petitioner, R.W., seeks appropriate program and placement for L .W. to address behavioral concerns. The Office of Special Education Policy and Procedure , of the New Jer sey Department of Education , transmitted this matter to the O ffice of Administrative Law (“OAL”), where it was filed on April 9, 2018.

OAL DKT. NO. EDS 5031-18 2 Hearing was scheduled for April 26, 2018, at 9: 00 a.m. at the OAL, 9 Quakerbridge Plaza, Mercerville, NJ 08619 . The pe titioner, R.W., was notified of the hearing date by the Office of Special Education Policy and Procedure on April 9, 2018. R.W. did not contact any representative of the OAL on April 26, 2018, or prior to that date, to advise that he was unable to appear . R.W. did not contact any representative of the OAL on April 27, 2018, to explain why he did not appear at the scheduled hearing of April 26, 2018. LEGAL ANALYSIS AND CONCLUSION New Jersey Administrative Code 1:1-14.4(a) provides that, if , after a ppropriate notice, a party does not appear in a ny proceeding scheduled by a judge, the judge shall hold the matter for one day before taking any action. If the judge does not receive an explanation for the nonappearance within one day, the judge may direct the Clerk to return the matter to the transmitting agency for appropriate disposition. R.W. failed to appear at the scheduled proceeding and failed t o provide a documented explanation for his nonappearance one day following his nonappearance. Based upon the facts and the applicable law, I CONCLUDE that petitioner has failed to appear, has abandoned this matter, and that it should be returned to the transmitting agency.

OAL DKT. NO. EDS 5031-18 3 ORDER It is ORDERED that the Clerk return this matter to the Office of Special Education Policy and Procedure of the New Jersey Department of Education. This decision is final pursuant to 20 U.S.C. § 1415(i)(1)(A) and 34 C.F.R. § 300.514 (2017) 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). If the parent or adult student feels that this decision is not being fully implemented with respect to program or se rvices, this concern should be communicated in writing to the Directo r, Office of Special Education Programs. May 2, 2018 DATE DEAN J. BUONO, ALJ Date Received at Agency Date Mailed to Parties: dw