T.E. and F.E. o/b/o N.E. Vs. Randolph Township Board of Education | Case EDS 07779-18 | 2018-06-01

New Jersey is an Equal Opportunity Employer State of New Jersey OFFICE OF ADMINISTRATIVE LAW DECISION SUFFICIENCY OF COMPLAINT OAL DKT. NO. EDS 07779-18 AGENCY DKT. NO. 2018/28112 T.E. and F.E. ON BEHALF OF N.E., Petitioner, v. RANDOLPH TOWNSHIP BOARD OF EDUCATION, Respondent. ________________________________ __________ Gail Libertucci, Advocate, for petitioners Robin Ballard, Esq., for respondent (Schenck, Price, Smith & King, LLP) Record Closed: June 1, 2018 Decided: June 1, 2018 BEFORE: JOANN LASALA CANDIDO, ALAJ: The petitioner filed a due process petition on May 24, 2018 . On May 31, 2018 , respondent filed a notice asserting that the complaint is insufficient as required by N.J.A.C. 6A:14-2.7(a) & (c). The Office o f Special Education Programs transmitted this case to the Office of Administrative Law, where it was filed on June 1, 2018.

OAL DKT. NO. EDS 07779-18 2 The District asserts that the Petition is flawed because: …The instant Petition does not present relevant facts, the specific disputed issue(s) or what relief is being sought, as required by N.J.A.C. 6A:14-2.7(a). The Petition is insufficient also because the child is in a private school located outside of Randolph Township. . . . . In order to obtain a hearing on a due proce ss complaint or to engage in a resolution session based upon a due process complaint, the petitioner’s due process complaint must provide information including the following: the name of the child; the address of the residence of the child, or, if homeles s, available contact information for the child; the name of the school the child is attending; a description of the nature of the problem of the child relating to the proposed or refused initiation or change; the facts relating to the problem; and a propos ed resolution to the problem, i.e., relief sought, to the extent known and available to the party at the time. 20 U.S.C. § 1415 (b)(7)(A); 34 C.F.R. § 300.508(b), (c). After reviewing the petition, I FIND that the petitioner s have not clearly provided the requisite information pertaining to their child’s educational services nor do they provide relative facts to support a claim when naming Randolph School District . I do FIND that the petitioners have stated the relief that they seek, namely an out of d istrict placement. However, there is no underlying clear dispute as to the child’s educational program. Having reviewed the petition, I FIND and CONCLUDE that the Petition is insufficient for the reasons stated. I therefore CONCLUDE that the petition is insufficient and I ORDER the due process petition DISMISSED.

OAL DKT. NO. EDS 07779-18 3 This decision is final pursuant to 20 U.S.C. § 1415(g)(2) and is appealable by filing a petition 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(g)(2). June 1, 2018 DATE JOANN LASALA CANDIDO, ALAJ Date Received at Agency: June 1, 2018 Date Sent to Parties: ljb