K.L., on behalf of minor child, M.L. v. Board of Education of the Township of Verona, Essex County, 8/17/21, (#167-21)

167-21Njcommned

Gesamter Gesetzestext

OAL Dkt. No. EDU 03052-20
Agency Dkt. No. 21-1/20
New Jersey Commissioner of Education
Decision
K.L., on behalf of minor child, M.L.,
Petitioner,
v.
Board of Education of the Township of Verona,
Essex 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. 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.
167-21
August 17, 2021
August 17, 2021
New Jersey is an Equal Opportunity Employer
State of New Jersey
OFFICE OF ADMINISTRATIVE LAW
INITIAL DECISION
DISMISSAL
OAL DKT. NO. EDU 03052-20
AGENCY DKT. NO. 21-1/20
K.L. ON BEHALF OF MINOR CHILD, M.L.,
Petitioner,
v.
BOARD OF EDUCATION OF THE TOWNSHIP
OF VERONA, ESSEX COUNTY
Respondent.
_____________________________________
K.L., petitioner, pro se
Daniel R. Roberts, Esq., for respondent (Kenney Gross Kovats & Parton,
attorneys)
Record Closed: July 7, 2021 	Decided: July 7,2021
BEFORE, LESLIE Z. CELENTANO, ALJ:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY
On January 24, 2020 Petitioner K.L., on behalf of M.L., filed an appeal challenging
the disciplinary action imposed by respondent. 	Petitioner’s request for a hearing was
OAL DKT. NO. EDU 03052-20
2
granted and the matter was transmitted to the Office of Administrative Law where it was
filed on March 2, 2020, for hearing as a contested case.
A telephone conference was scheduled for October 7, 2020, however petitioner
failed to appear for the telephone conference. 	On 	October 	7, 	2020, 	correspondence
was sent to petitioner inquiring as to whether she wished to continue to pursue this matter.
No response was received. 	On May 27, 2021, correspondence was again sent to
petitioner inquiring as to the status of this matter, and advising that if there was no
response, 	the 	matter 	would 	be 	dismissed 	on 	June 	4, 	2021. 	No 	reply 	to 	that
correspondence was received, and there has been no communication whatsoever from
petitioner.
Based upon all of the foregoing I FIND that this matter should be and is hereby
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 03052-20
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.
July 7, 2021
DATE 	LESLIE Z. CELENTANO, ALJ
Date Received at Agency: 	July 7, 2021
Date Mailed to Parties: 	July 7, 2021
dr

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