L.B., on behalf of minor child, E.Y. v. Board of Education of the Monmouth Regional High School District, Monmouth County, 6/6/2022, (#119-22)

OCR transcription for search; preserved printed pages are authoritative

119-22
OAL Dkt. No. EDU 09324-21
Agency Dkt. No. 207-11/21

New Jersey Commissioner of Education
Final Decision
L.B., on behalf of minor child, E.Y.,

Petitioner,

Board of Education of the Monmouth Regional
High School District, Monmouth County,

Respondent.

The record of this matter and the Initial Decision of the Office of Administrative Law (OAL)
have been reviewed. The parties did not file exceptions.

Upon review, the Commissioner agrees with the Administrative Law Judge’s determination — for
the reasons stated in the Initial Decision — that no issues remain in dispute and that the petition of appeal
should be dismissed. Accordingly, the Initial Decision of the OAL is adopted as the final decision in this
matter for the reasons expressed therein, and the petition is hereby dismissed.

IT IS SO ORDERED. !
AC ie COMMISSIONER OF EDUCATION

Date of Decision: June 8, 2022
Date of Mailing: June 8, 2022

! This decision may be appealed to the Appellate Division of the Superior Court pursuant to NJ.SA. 18A:6-9.1.
Under NJ .Ct.R. 2:4-1(b), a notice of appeal must be filed with the Appellate Division within 45 days from the date
of mailing of this decision.

State of New Jersey
OFFICE OF ADMINISTRATIVE LAW

INITIAL DECISION
DISMISSAL
L.B. on behalf of E.Y., OAL DKT. NO. EDU 09324-21
Petitioner, AGENCY DKT. NO. 207-11/21
Vv.
BOARD OF EDUCATION OF THE

MONMOUTH REGIONAL HIGH SCHOOL
DISTRICT, MONMOUTH COUNTY,

Respondent.

L.B., on behalf of E.Y., petitioner, pro se

Martin M. Barger, Esq., for respondent (Barger & Gaines, attorneys)

Record Closed: May 2, 2022 Decided: May 4, 2022

BEFORE KIM C. BELIN, ALJ:

STATEMENT OF THE CASE

This matter concerns the decision by the Acting Commissioner of the New Jersey

Department of Education (Acting Commissioner). The November 30, 2021, decision

modified the Administrative Law Judge’s (ALJ) order which granted the petitioner's

application for emergent relief returning E.Y. to the high schoo!. The Acting Commissioner

directed the respondent to determine, at the next regularly scheduled school board meeting,

if E.¥.’s long-term suspension should continue, or if a meeting was not scheduled within ten

days of the date of the decision, that a special meeting be scheduled to determine if E.Y.

New Jersey is an Equal Opportunity Employer

OAL DKT. NO. EDU 09324-21

should return to the general education program. In addition, the respondent was directed to
ensure that E.Y. was provided. with the appropriate educational programs or services using
home instruction services. The Acting Commissioner further directed that the matter continue
at the OAL with such actions or proceedings that the parties and ALJ deemed necessary to

bring the matter to closure.

PROCEDURAL HISTORY

On November 1, 2021, the petitioner filed a petition of appeal challenging
respondent's determination that E.Y. engaged in behavior warranting temporary removal
from the high school. On November 9, 2021, the Director of the Office of Controversies
and Disputes within the Department of Education transmitted the petition and motion for
emergent relief to the Office of Administrative Law (OAL). N.J.S.A. 52:14B-1 to -15;
N.JS.A. 52:14F-1 to -13; NJAC. 1:1-8.2. Oral argument was held on the emergent
application on November 12, 2021. An order was issued on November 15, 2021, granting
emergent relief. On November 30, 2021, the Acting Commissioner issued a decision
modifying the order and directing that the matter “continue at the OAL with such

proceedings as the parties and the ALJ deem necessary to bring it to closure.”

On April 7, 2022, the undersigned sent a letter to the parties requesting an update
on whether E.Y.’s long-term suspension was continued and whether she had returned to
the high school. In a letter dated April 8, 2022, counsel for respondent stated that E.Y.
returned to the high school on November 15, 2021, and that E.Y. signed out of the school
district on February 4, 2022. Petitioner did not respond to the email requests from my
office on April 8, and April 13, 2022, to confirm counsel's statements and to clarify if

petitioner wished to pursue her appeal or withdraw.

On April 25, 2022, a letter was emailed to the petitioner directing her to contact this
office and advise whether she wished to pursue this matter and that if she did not respond
by May 2, 2022, her appeal would be dismissed.

OAL DKT. NO. EDU 09324-21

As of the date of this decision, the petitioner has not responded. Accordingly, the
petition must be DISMISSED for failure to pursue a claim of action under N.J.A.C. 1:1-
14.4.

ORDER

| ORDER that the petition be DISMISSED.

| hereby FILE this initial decision with the COMMISSIONER OF THE
DEPARTMENT OF EDUCATION for consideration.

This recommended decision may be adopted, modified or rejected by the
COMMISSIONER OF THE DEPARTMENT OF EDUCATION, who by law is authorized
to make a final decision in this matter. If the Commissioner of the Department of
Education does not adopt, modify or reject this decision within forty-five days and unless
such time limit is otherwise extended, this recommended decision shall become a final
decision in accordance with N.J.S.A. 52:14B-10.

OAL DKT. NO. EDU 09324-21

Within thirteen days from the date on which this recommended decision was
mailed to the parties, any party may file written exceptions with the COMMISSIONER OF
THE DEPARTMENT OF EDUCATION, ATTN: BUREAU OF CONTROVERSIES AND
DISPUTES, 100 Riverview Plaza, 4th Floor, PO Box 500, Trenton, New Jersey 08625-
0500, marked “Attention: Exceptions.” A copy of any exceptions must be sent to the
judge and to the other parties.

May 4, 2022 Mm C. [Bete

DATE KIM C. BELIN, ALJ
Date Received at Agency: May 4, 2022
Date Mailed to Parties: May 4, 2022

KCB/sm