RO obo ZH v. Newark City BOE | Case 10545-22 | 2023-05-09

New Jersey is an Equal Opportunity Employer State of New Jersey OFFICE OF ADMINISTRATIVE LAW FINAL DECISION DISMISSAL OAL DKT. NO. EDS 10545-22 AGENCY DKT. NO. 2023-35031 R.O. ON BEHALF OF Z.H., Petitioner, v. NEWARK CITY BOARD OF EDUCATION, Respondent. R.O., petitioner, pro se Sabrina Styza, Esq., for respondent Record Closed: May 9, 2023 Decided: May 9, 2023 BEFORE DEAN J. BUONO, ALJ: STATEMENT OF THE CASE Petitioner failed to appear for the hearing of this case and failed to contact this tribunal to explain why. Should this case be dismissed? Yes. For the unreasonable failure to comply with any order of a judge or with any requirement of the Uniform

OAL DKT. NO. EDS 10545-22 2 Administrative Procedure Rules, N.J.A.C. 1:1-1.1 to -21.6, the judge of a case may take any appropriate case-related action, including dismissal. See N.J.A.C. 1:1-14.14. PROCEDURAL HISTORY On May 18, 2017, petitioner filed a petition for due process with the Department of Education, Office of Special Education. On November 25, 2022 , the Office of Special Education transmitted the case to the Office of Administrative Law under the Administrative Procedure Act, N.J.S.A. 52:14B- 1 to -15, and the act establishing the Office of Administrative Law, N.J.S.A. 52:14F-1 to - 23, for a hearing under the Uniform Administrative Procedure Rules, N.J.A.C. 1:1 -1.1 to -21.6, and the Special Education Program, N.J.A.C. 1:6A-1.1 to -18.5. On December 1, 2022, the Office of Administrative Law (OAL) had scheduled the hearing via Zoom teleconference for December 8, 2022. As petitioner failed to appear, the matter was rescheduled for hearing on May 8, 2023, via Zo om teleconference, at which time petitioner again failed to appear. FINDINGS OF FACT Petitioner did not appear for the hearing on December 8, 2022, or May 8, 2023 . Respondent, however, did appear. To date, petitioner has not contacted this tribunal to explain why. CONCLUSIONS OF LAW For the unreasonable failure to comply with any order of a judge or with any requirement of the Uniform Administrative Procedure Rules, N.J.A.C. 1:1-1.1 to -21.6, the judge of a case may take any appropriate case-related action, including dismissal. See N.J.A.C. 1:1-14.14. In this case, petitioner failed to appear for the hearing of this case after she was given notice, and to date, has still not contacted this tribunal to explain why.

OAL DKT. NO. EDS 10545-22 3 Given this unreasonable failure to appear, I CONCLUDE that this case should be dismissed under the authority granted to me by N.J.A.C. 1:1-14.14. ORDER Given my find ings of fact and conclusions of law, I ORDER that this case be DISMISSED. This decision is final pursuant to 20 U.S.C. § 1415(i)(1)(A) and 34 C.F.R. § 300.514 (2022) 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 (2022). 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 Director, Office of Special Education. May 9, 2023 DATE DEAN J. BUONO, ALJ Date Received at Agency: Date Mailed to Parties: DJB/cb