SE and JM obo CM v Franklin Lakes BOE | Case 15124-18 | 2019-06-04

NEW JERSEY IS AN EQUAL OPPORTUNITY EMPLOYER State of New Jersey OFFICE OF ADMINISTRATIVE LAW FINAL DECISION OAL DKT. NO. EDS 15124-18 AGENCY DKT. NO. 2019/28807 S.E. AND J.M. ON BEHALF OF C.M., Petitioners, v. FRANKLIN LAKES BOARD OF EDUCATION, Respondent ___________________________________ S.E., Petitioner pro se Amy E. Canning, Esq., for Respondent (Fogarty & Hara, attorneys) Record Closed: June 3, 2019 Decided: June 4, 2019 BEFORE THOMAS R. BETANCOURT, 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 for hearing and final decision on October 17, 2018.

OAL DKT. NOS. EDS 15124-18 2 A hearing was scheduled for June 3, 2019, notice of which was sent to the petitioner by the Office of Administrative Law on July 31, 2018. Petitioner spoke with staff of the undersigned and indicated she would submit a letter or withdrawal. No such letter was submitted. On the day of hearing petitioner did not appear. Petitioner has not explained her nonappearance. 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.A. § 1415(i)(1)(A) and 34 C.F.R. § 300.514 (2009) 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.A. § 1415(i)(2); 34 C.F.R. § 300.516 (2009). 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 Programs. June 4, 2019__________ ________________________________ DATE THOMAS R. BETANCOURT, ALJ Date Received at Agency: _______________________________ Date Sent to Parties: