F.P., on behalf of minor child, M.P. v. Board of Trustees of the North Star Academy Washington Park High School, Essex County, 3/17/25 (#90-25E)

90-25E
OAL Dkt. No. EDU 03040-25
Agency Dkt. No. 38-2/25
New Jersey Commissioner of Education
Order on Emergent Relief
F.P., on behalf of minor child, M.P.,
Petitioner,
v.
Board of Trustees of the North Star Academy
Washington Park High School, Essex County,
Respondent.
The record of this emergent matter and the recommended Order of the Administrative Law Judge
(ALJ) have been reviewed and considered.
Upon such review, the Commissioner concurs with the ALJ that petitioner has failed to
demonstrate entitlement to emergent relief pursuant to the standards enunciated in Crowe v. DeGioia,
90 N.J. 126, 132-34 (1982) and codified at N.J.A.C. 6A:3-1.6.
Accordingly, the recommended Order denying petitioner’s application for emergent relief is
adopted for the reasons stated therein. This matter shall continue at the Office of Administrative Law
with such proceedings as the parties and the ALJ deem necessary to bring it to closure.
IT IS SO ORDERED.
COMMISSIONER OF EDUCATION
Date of Decision: 	March 17, 2025
Date of Mailing: 	March 17, 2025

New Jersey is an Equal Opportunity Employer
State of New Jersey
OFFICE OF ADMINISTRATIVE LAW
ORDER DENYING
EMERGENT RELIEF
OAL DKT. NO. EDU 03040-24
AGENCY REF. NO. 38-2/25
F.P. ON BEHALF OF M.P.,
Petitioner,
vs.
BOARD OF TRUSTEES OF THE
NORTH STAR ACADEMY WASHINGTON
PARK HIGH SCHOOL,
Respondent.
____________________________________
F.P., petitioner (no appearance)
Marc M. Yenicag, Esq., for respondent (Pashman Stein Walder Hayden, P.C.,
attorneys)
BEFORE THOMAS R. BETANCOURT, ALJ:
STATEMENT OF THE CASE AND PROCEDURAL HISTORY
Petitioner 	filed 	a 	petition 	and 	a 	motion 	seeking 	emergent 	relief 	with 	the
Department of Education, Office of Controversies and Disputes on February 13, 2025.

OAL DKT. NO. EDU 03040-25
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The Department of Education, Office of Controversies and Disputes, transmitted
the Motion for Emergent Relief to the Office of Administrative Law (OAL), where it was
filed on February 13, 2025.
The undersigned scheduled a telephone conference for Tuesday, February 18,
2025, at 3:00 p.m. 	Counsel for respondent called into the conference. 	Petitioner did
not, nor did petitioner provide an explanation as to why he did not. 	Notice of said
telephone conference was sent to the email provided by petitioner in his petition.
Oral argument was for February 20, 2025, at 1:30 p.m. Petitioner did not appear.
Counsel for respondent did appear. Notices were provided to petitioner.
LEGAL ANALYSIS AND CONCLUSION
In accordance with N.J.A.C. 1:1-12.6, emergency relief may be granted “where
authorized by law and where irreparable harm will result without an expedited decision
granting or prohibiting some action or relief connected with a contested case…” 	My
determination in this matter is further governed by the standard for emergent relief set
forth by our Supreme Court in Crowe v. DeGioia, 90 N.J. 126 (1982).
The New Jersey Supreme Court has set forth a four-prong test for determining
whether an applicant is entitled to emergent relief. Crowe v. DeGioia, 90 N.J. 126, 132-
34 (1982) (enumerating the factors later codified at N.J.A.C. 6A:3-1.6(b)).
The four factors (“the Factors”) include:
1. The petitioner will suffer irreparable harm if the requested
relief is not granted;
2. The legal right underlying petitioner's claim is settled;
3. The petitioner has a likelihood of prevailing on the merits
of the underlying claim; and

OAL DKT. NO. EDU 03040-25
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4. 	When 	the 	equities 	and 	interests 	of 	the 	parties 	are
balanced, the petitioner will suffer greater harm than the
respondent will suffer if the requested relief is not granted.
[N.J.A.C. 6A:3-1.6(b).]
The moving party bears the burden of proving each of the Crowe elements
“clearly and convincingly.” 	Waste Mgmt of N.J. v. Union County Util. Auth., 399 N.J.
Super. 508, 520 (App. Div. 2008).
Petitioner has failed to appear for oral argument.
Accordingly, petitioner’s motion for emergent relief should be DENIED.
ORDER
It is hereby ORDERED that petitioner’s motion for emergent relief is DENIED.
This order on application for emergency relief may be adopted, modified or
rejected 	by 	the 	COMMISSIONER 	OF 	THE 	DEPARTMENT 	OF 	EDUCATION,
who/which by law is authorized to make a final decision in this matter. 	The final
decision shall be issued without undue delay, but no later than forty-five days following
the 	entry 	of 	this 	order. 	If 	the 	COMMISSIONER 	OF 	THE 	DEPARTMENT 	OF
EDUCATION, does not adopt, modify or reject this order within forty-five days, this
recommended order shall become a final decision on the issue of emergent relief in
accordance with N.J.S.A. 52:14B-10.
February 21, 2025 	_____________________________
DATE 	THOMAS R. BETANCOURT, ALJ
db