D.P., on behalf of minor child, D.V.P. v. Board of Education of the Borough of North Arlington, Bergen Co., Dr. Stephen Yurchak, Nicole Campbell Russo, Dennis Kenny, and Addison Keim, 8/1/2023, (#224-23)

OAL Dkt. No. EDU 03426-23
Agency Dkt. No. 110-4/23
New Jersey Commissioner of Education
Order on Emergent Relief
D.P., on behalf of minor child, D.V.P.,
Petitioner,
v.
Board of Education of the Borough of
North Arlington, Bergen 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 Administrative Law Judge that this matter
should be dismissed because the parties have agreed that no issues remain to be addressed
following the resolution of petitioner’s motion for emergent relief.
Accordingly, the Initial Decision is adopted as the final decision in this matter, and the
petition of appeal 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.
224-23
August 1, 2023
August 1, 2023

State of New Jersey
OFFICE OF ADMINISTRATIVE LAW
INITIAL DECISION
OAL DKT. NO. EDU 03426-23
AGENCY DKT. NO. 110-4/23
D.P. ON BEHALF OF MINOR CHILD, D.V.P.,
Petitioner,
v.
BOARD OF EDUCATION OF THE BOROUGH
OF NORTH ARLINGTON, BERGEN COUNTY
Respondent.
______________________________________
Stephen J. Edelstein, Esq., for petitioner (Weiner Law Group, LLP, attorneys)
Eric Harrison, Esq., for respondent (Methfessel & Werbel, PC, attorneys)
Record Closed: June 30, 2023 	Decided: July 5, 2023
BEFORE WILLIAM J. COURTNEY, ALJ:
STATEMENT OF THE CASE
Petitioner, D.P., sought emergent temporary relief on behalf of her son D.V.P.
compelling respondent to take all steps necessary to protect D.V.P. from harassment,
intimidation, and bullying (“HIB”) including removing four of his classmates from all

OAL DKT. NO. EDU 03426-23
2
classes that D.V.P. attends for the remainder of the school year. 	Petitioner alleges that
respondent violated The Anti-Bullying Bill of Rights Act, N.J.S.A. 18A:37-1 et seq., and
Board Policy #5512 titled, “Harassment, Intimidation and Bullying” by failing to open an
HIB Investigation or taking any other actions to protect D.V.P. from ongoing harassment,
intimidation, and bullying. 	Petitioner claimed that there is a reasonable likelihood that
D.V.P. would suffer immediate and irreparable harm if the requested Emergent Relief was
not granted.
PROCEDURAL HISTORY
Petitioner filed a Verified Petition of Appeal on April 25, 2023 seeking Emergent
Relief to protect her minor child, who is an eight-grade student within the North Arlington
School District (“District”) from ongoing harassment, intimidation, and bullying. 	On April
28, 2023, respondent filed a Verified Answer along with opposition to the Motion for
Emergent Relief and a Cross-Motion to Dismiss petitioner’s appeal, without prejudice.
The request for Emergent Relief and Motion to Dismiss was transmitted to the Office of
Administrative Law by the New Jersey Department of Education for consideration. 	The
parties’ written submissions were considered followed by oral argument of counsel
beginning on May 1, 2023 and continuing, at the request of counsel, on May 8, 2023.
The record was closed on May 8, 2023 after the oral arguments were presented. On May
23, 2023 an Order was entered denying petitioner’s claim for Emergent Relief and the
parties 	have 	agreed that no 	other 	issues remain now 	that petitioner’s 	request 	for
emergent relief has been resolved.
LEGAL ANALYISIS
The only issues before this tribunal in this matter were petitioner’s Motion for
Emergent Relief and respondent’s Cross Motions relating to it. 	I FIND, and the parties
agree, that the May 23, 2023 Order Denying Petitioner’s Motion and respondents Cross-
Motions (See Exhibit A) resolve all issues and I CONCLUDE that this matter should be
dismissed.

OAL DKT. NO. EDU 03426-23
3
ORDER
IT IS on this 5th day of July, 2023 ORDERED that this matter be DISMISSED.
July 5, 2023
___
DATE 	WILLIAM COURTNEY, ALJ
Date Received at Agency 	July 5, 2023________________________
Date Mailed to Parties: 	July 5, 2023 	_
sej

OAL DKT. NO. EDU 03426-23
4
APPENDIX
EXHIBITS:
For Petitioners:
P-1 	Verified Petition of Appeal
For Respondent:
R-1 	Verified Answer, Opposition to Motion for Emergent Relief and Cross-Motion to
Dismiss