R.W., on behalf of minor child, J.W. V BOARD OF EDUCATION OF THE TOWNSHIP OF WASHINGTON, GLOUCESTER COUNTY, 1/20/17, (#23-17R)

23-17R
R.W., ON BEHALF OF MINOR CHILD, J.W. 	:
PETITIONER, 	:
V. 	: 	COMMISSIONER OF EDUCATION
BOARD OF EDUCATION OF THE TOWNSHIP 	: 	DECISION
OF WASHINGTON, GLOUCESTER COUNTY,
:
RESPONDENT.
:
SYNOPSIS
In May 2011, petitioner filed an appeal challenging her son’s suspension from general education
classes and his assignment to an alternative school. 	Petitioner failed to appear on the second
scheduled day of hearing in the matter, on December 5, 2011. The Commissioner subsequently
remanded the matter to the OAL after receiving petitioner’s exceptions to the ALJ’s dismissal of
the petition for her failure to appear. On remand, the record of this matter and the advisement by
the OAL of petitioner’s failure to appear at a status conference scheduled for June 27, 2012 were
reviewed, along with petitioner’s hand-written explanation for her non-appearance – which
included a statement that she had not heard from the court in four years, and could not remember
why she had failed to attend the status conference in 2012. 	She stated, however, that she had
been very ill at that time, and requested a new court date.
The Commissioner reviewed the matter on remand, and found that the failure to appear was
processed on December 7, 2016 – more than four years after the status conference that petitioner
missed. 	Given the length of time that has elapsed, and the petitioner’s written explanation for
her nonappearance, the Commissioner returned the matter to the OAL for further disposition
pursuant to N.J.A.C. 1:1-3.3(b).
This synopsis is not part of the Commissioner’s decision. It has been prepared for the convenience of the
reader. It has been neither reviewed nor approved by the Commissioner.
January 20, 2017

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OAL DKT. NO. EDU 01189-12
(EDU 5274-11 ON REMAND)
AGENCY DKT. NO. 115-5/11
R.W., ON BEHALF OF MINOR CHILD, J.W. 	:
PETITIONER, 	:
V. 	: 	COMMISSIONER OF EDUCATION
BOARD OF EDUCATION OF THE TOWNSHIP 	: 	DECISION
OF WASHINGTON, GLOUCESTER COUNTY,
:
RESPONDENT.
:
The record of this matter and the advisement by the Office of Administrative Law
(OAL) – pursuant to N.J.A.C. 1:1-14.4 – of petitioner’s failure to appear at a status conference
scheduled for June 27, 2012 have been reviewed.
Petitioner filed a hand-written explanation, which has been thoroughly reviewed
and considered. 	In her explanation, petitioner asserts that she has not heard from the court in
four years. 	She indicated that she had been very ill, and was sure that if she did not appear, it
was for an urgent reason as she would otherwise have called.
Upon review, it appears as though petitioner is correct. The failure to appear was
processed on December 7, 2016 – more than four years after the status conference that petitioner
is said to have missed. 	Given the lengthy time since the status conference at issue, as well as
petitioner’s written explanation for her nonappearance, this matter is being returned to the OAL
for further disposition, pursuant to N.J.A.C. 1:1-3.3(b).

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Accordingly, this matter is hereby remanded to the OAL for further disposition as
indicated herein.
IT IS SO ORDERED.
ACTING COMMISSIONER OF EDUCATION
Date of Decision: January 20, 2017
Date of Mailing: 	January 20, 2017