P.P. and J.P., on behalf of minor child, P.P. v. Board of Education of the Township of Randolph, Morris County, 10/31/22, (#298-22)

298-22Njcommned

Texte intégral

OAL Dkt. No. EDU 02641-22
Agency Dkt. No. 45-3/22
New Jersey Commissioner of Education
Decision
P.P. and J.P., on behalf of minor child, P.P.,
Petitioners,
v.
Board of Education of the Township of Randolph,
Morris County,
Respondent.
The record of this matter and the Initial Decision of the Office of Administrative Law (OAL) have
been reviewed. The petitioners did not appear for the scheduled Zoom hearing in this matter despite
having received appropriate notice, and did not call the OAL to explain why they were unable appear.
Upon review, the Commissioner agrees with the Administrative Law Judge’s determination that
petitioners have abandoned their appeal and that dismissal is therefore appropriate. 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. 1
ACTING COMMISSIONER OF EDUCATION
Date of Decision:
Date of Mailing:
1 This decision may be appealed to the Appellate Division of the Superior Court pursuant to N.J.S.A. 18A:6-9.1.
Under N.J.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.
298-22
October 31, 2022
November 2, 2022
New Jersey is an Equal Opportunity Employer
State of New Jersey
OFFICE OF ADMINISTRATIVE LAW
INITIAL DECISION
DISMISSAL
OAL DKT. NO. EDU 02641-22
AGENCY DKT. NO. 45-3/22
P.P. AND J.P. ON BEHALF MINOR
CHILD P.P.,
Petitioners,
v.
TOWNSHIP OF RANDOLPH BOARD
OF EDUCATION, MORRIS COUNTY
Respondent.
P.P. and J.P., petitioners, pro se
Marc H. Zitomer, Esq., for respondent (Schenck, Price, Smith & King, attorneys)
Record Closed: October 5, 2022 	Decided: October 12, 2022
BEFORE SUSANA E. GUERRERO, ALJ:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY
Petitioners challenge the determination made by the Township of Randolph Board
of Education (the Board) that P.P’s actions constituted a violation of the Harassment
Intimidation and Bullying (HIB) law.
OAL DKT. NO. EDU 02641-22
2
This matter was transmitted to the Office of Administrative Law (OAL), where it
was filed on April 5, 2022. An initial prehearing telephone conference was held on May
5, 2022, during which another conference was scheduled for June 10, 2022. At the June
10, 2022 conference, hearing dates were discussed and the hearing was scheduled for
October 4, 2022, via Zoom. 	The undersigned issued a Prehearing Order on June 15,
2022, which indicated the date for hearing, along with a notice. 	Although the Board
attorney, and Board representative, appeared for the Zoom hearing, petitioners did not
appear and did not call the OAL to explain why they were unable to do so.
Accordingly, I CONCLUDE that petitioners have abandoned their petition and that
dismissal is therefore appropriate.
ORDER
It is hereby ORDERED that this appeal be 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.
OAL DKT. NO. EDU 02641-22
3
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.
October 12, 2022
DATE 	SUSANA E. GUERRERO, ALJ
Date Received at Agency:
Date Mailed to Parties:
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