D.W., on behalf of minor, S.D. v. Board of Education of the Bridgewater-Raritan Regional School District, Somerset County, 9/11/2020, (#201-20)

201-20
OAL Dkt. No. EDU 11438-19
Agency Dkt. No. 167-7/19
New Jersey Commissioner of Education
Final Decision
D.W., on behalf of minor child, S.D.,
Petitioner,
v.
Board of Education of the Bridgewater-
Raritan Regional School District,
Somerset County,
Respondent.
The record of this matter and the Initial Decision of the Office of Administrative Law
(OAL) have been reviewed and considered. The parties did not file exceptions.
Upon review, the Commissioner concurs with the ALJ that petitioner’s claim is moot
because the suspension imposed by the Board on S.D. has been expunged. Accordingly, the Initial
Decision of the OAL is adopted as the final decision in this matter and the petition is hereby
dismissed.
IT IS SO ORDERED.1
INTERIM COMMISSIONER OF EDUCATION
Date of Decision: September 11, 2020
Date of Mailing: 	September 11, 2020
1 This decision may be appealed to the Appellate Division of the Superior Court pursuant to P.L. 2008, c. 36
(N.J.S.A. 18A:6-9.1).

New Jersey is an Equal Opportunity Employer
State of New Jersey
OFFICE OF ADMINISTRATIVE LAW
INITIAL DECISION GRANTING
MOTION TO DISMISS
D.W. ON BEHALF OF MINOR CHILD, S.D., 	OAL DKT. NO. EDU 11438-2019
Petitioner, 	AGENCY DKT. NO. 167-7/19
v.
BRIDGEWATER-RARITAN REGIONAL
SCHOOL DISTRICT BOARD OF
EDUCATION, SOMERSET COUNTY,
Respondents.
____________________________________
Moshood Muftau, Esq., for petitioner
Nicholas Celso ,III, Esq., for respondent (Busch Law Group, LLC, attorneys)
Record Closed: July 24, 2020 	Decided: July 29, 2020
BEFORE CARL V. BUCK III, ALJ:
STATEMENT OF THE CASE
Petitioner D.W. filed this petition on behalf of her minor child S.D., a student who
attended schools within the within the purview of Respondent, the Bridgewater-Raritan
School District Board of Education (Board), in April 2019. The petition was filed challenging
the suspension of S.D. imposed by the Board for a ten day period on April 3, 2019.
PROCEDURAL HISTORY
Petitioner appealed the decision of the Board and the matter was transmitted by
the New Jersey Department of Education, Office of Controversies and Disputes as a
contested case on August 8, 2019.

OAL DKT. NO. 11438-19
2
During prehearing conferences held with the parties, a hearing was scheduled for
April 27, 2020 and April 28, 2020. 	These dates were subsequently adjourned due to
COVID-19 issues. 	On June 11, 2020 respondent filed a Notice of Motion to Dismiss with
Prejudice, averring that the subject matter of the appeal (that being the ten day suspension
of S.D. of April 3, 2019) was expunged by action of the Board on June 9, 2020.
Respondent Bridgewater-Raritan School District Board of Education filed a
Motion for Dismissal of the petition on June 11, 2020.2
Subsequent to this action by the Board, a telephone conference in this matter was
held on June 22, 2020. 	Counsel for the Board provided to the Court a copy of a of the
resolution expunging the suspension made at the Board’s meeting of June 9, 2020.
Counsel for petitioner was queried on why the petition had not been withdrawn, considering
the subject of the appeal no longer existed. Petitioner’s counsel stated that his client did not
wish to withdraw her appeal, notwithstanding that she understood that the underlying issue
on which the appeal was based was now moot.
Counsel for respondent stated to the Court that as his filing was made on June
11, 2020, and that no response was received by petitioner’s counsel, that petitioner’s
counsel was foreclosed from any filing due to time bar of N.J.A.C. §1:1-12.2. The Court
provided petitioner’s counsel with an additional ten day period should he wish to make a
filing.
No filing from petitioner’s counsel was received.
FACTUAL DISCUSSION AND FINDINGS
On April 1, 2019 S.D. was alleged to be under the influence of drugs while in school.
On April 3, 2019 the school suspended S.D. for ten days. A manifestation hearing was held
and the District upheld the suspension.
On June 9, 2020 the Board expunged the suspension of S.D. as evidenced by the
Board Resolution signed on June 10, 2020.
2 Due to technical issues, this filing was not received by the Court until June 23, 2020.

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3
LEGAL ANALYSIS AND CONCLUSIONS
Respondent’s counsel lists as a cause of action for their motion the fact that the Board
expunged the suspension at its meeting of June 9, 2020. That fact was not challenged by
petitioner’s counsel. 	Nor did petitioner’s counsel challenge that fact that the issue is now
moot.
The Court will not entertain a case where a controversy no longer exists and the
issues in dispute have become moot. 	DeVesa v. Dorsey, 134 N.J. 420, 428 (1993).
The case is moot where the original issue presented has been resolved. Ibid. Likewise,
an issue is moot when the decision sought and the matter can have no practical effect
on the existing controversy. 	Greenfield v. N.J. Dep’t of Corr., 382 and. J. Super. 254,
257 – 58; Commissioner of Education, E. G., Price v. Bd. of Educ. of Washington Twp.,
OAL Dkt. No. EDU 6121-07, Initial Decision (December 7, 2007), adopted Comm’r,
(January 	23, 	2008, 	https://njlaw.rutgers.edu/collections/oal/html/initial/edu06121-
07_1.html).
In light of this information I FIND that any claims petitioner might have against the
Bridgewater-Raritan School District that are subject to the jurisdiction of the Commissioner
of Education are moot as the suspension of student S.D. has been expunged. 	Further,
any other decision that the Court might render following a plenary hearing would have no
practical effect on the outcome. I CONCLUDE therefore that petitioner’s appeal must and
should be DISMISSED.
Therefore, I CONCLUDE that petitioner’s claim against the Bridgewater-Raritan
School District should be DISMISSED.
The petition warrants dismissal on the count that the underlying issue on which
the appeal is based has been expunged by Respondent Board. 	The claim must be
dismissed considering this fact.
For the reasons stated herein, I FIND that the petition filed by petitioner does not
comply with the appropriate rules and administrative guidelines as the underlying

OAL DKT. NO. 11438-19
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suspension no longer exists in the record of student S.D. Therefore, I CONCLUDE that
petitioner’s claim should be DISMISSED.
ORDER
Based upon all of the foregoing, it is hereby ORDERED that the petition in this
matter be and hereby is DISMISSED.
I 	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.
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.
July 29, 2020
DATE 	CARL V. BUCK III, ALJ
Date Received at Agency:
Date Mailed to Parties:
CVB/nd

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APPENDIX
EXHIBITS
For Petitioner:
None
For Respondent:
R-1 	Petitioner’s letter to the Commissioner of Education (undated)
R-2 	Board Resolution adopted June 9, 2020, dated June 10, 2020