S.K.S., on behalf of minor child, S.H. v. Board of Education of the City of Jersey City, Hudson County, 4/6/2021, (#76-21)

76-21
OAL Dkt. No. EDU 11443-20
Agency Dkt. No. 222-10/20
New Jersey Commissioner of Education
Decision
S.K.S., on behalf of minor child, S.H.,
Petitioner,
v.
Board of Education of the City of Jersey City,
Hudson 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 (ALJ)
that 	petitioner 	has 	abandoned 	this 	appeal 	because 	petitioner’s 	attorney 	failed 	to 	appear 	at
five 	telephone 	prehearing 	conferences 	without 	providing 	an 	explanation. 	Accordingly, 	the
Initial Decision is adopted as the final decision in this matter for the reasons expressed therein, and
the petition is hereby dismissed with prejudice.
IT IS SO ORDERED. 1
ACTING COMMISSIONER OF EDUCATION
Date of Decision: 	April 6, 2021
Date of Mailing: 	April 6, 2021
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.

New Jersey Is An Equal Opportunity Employer
State of New Jersey
OFFICE OF ADMINISTRATIVE LAW
INITIAL DECISION
DISMISSAL
OAL DKT. NO. EDU 11443-20
AGENCY DKT. NO. 222-10/20
S.K.S. ON BEHALF OF MINOR CHILD, S.H.,
Petitioner,
v.
BOARD OF EDUCATION OF THE CITY OF
JERSEY CITY, HUDSON COUNTY,
Respondent.
Corinne Mullen, Esq. for petitioner (The Mullen Law Firm, attorneys)
Jessika Kleen, Esq. for respondent (Machado Law Group, attorneys)
BEFORE KELLY J. KIRK, ALJ:
Petitioner S.K.S. on behalf of minor child, S.H., appeals from the suspension
imposed upon S.H. by respondent, Jersey City Board of Education.
In June 2020, S.H. was suspended from school for seven days. Petitioner
appealed the suspension, and the Board held a hearing on July 9, 2020. On July 15,
2020, the Board deliberated in closed session and thereafter notified petitioner that the
suspension was upheld. Petitioner filed a request for reconsideration. By letter dated

OAL DKT. NO. EDU 11443-20
2
September 25, 2020, the Board notified petitioner that the request for reconsideration
was denied. Petitioner filed a Petition of Appeal on October 14, 2020. Respondent filed
an Answer to Petition of Appeal on December 9, 2020. The matter was transmitted by
the Department of Education (Department) to the Office of Administrative Law (OAL),
where it was filed on December 11, 2020 for determination as a contested case.
By notice dated January 11, 2021, a telephone prehearing conference was
scheduled for January 19, 2021 at 3:00 p.m. By 3:15 p.m., Ms. Mullen still had not
called in for the conference. Respondent’s attorney was able to reach Ms. Mullen’s
office and was advised that Ms. Mullen would be available for the conference on
January 20, 2021 at 9:00 a.m. By notice dated January 19, 2021, the telephone
prehearing conference was rescheduled for January 20, 2021 at 9:00 a.m. However, by
9:15 a.m., Ms. Mullen still had not called in for the conference. By email dated January
20, 2021, respondent’s attorney’s assistant advised that she had spoken to Ms. Mullen
and that Ms. Mullen would be available for the conference at 2:00 p.m. Accordingly, on
January 20, 2021, an email was sent to the parties confirming that the telephone
prehearing conference was rescheduled for 2:00 p.m. However, by 2:15 p.m., Ms.
Mullen still had not called in for the conference. Thereafter, on January 20, 2017, the
parties were notified by email that since Ms. Mullen could not be reached for telephone
prehearing conference, it was rescheduled for January 27, 2021 at 9:00 a.m. However,
by 9:15 a.m. Ms. Mullen still had not called in for the conference. Ms. Mullen did not
contact the OAL to explain any of these failures to appear.
Finally, on January 27, 2021, a notice of mandatory telephone prehearing was
sent to the parties, accompanied by a letter that stated follows:
This matter has been scheduled for a telephone prehearing
conference four times, but Ms. Mullen has failed to
participate. Accordingly, please be advised that the
telephone prehearing conference has been rescheduled for
February 16, 2021 at 9:00 a.m. A notice of telephone
prehearing conference is enclosed. Please mark your
calendars. The telephone number to call at the time of the
conference is (877) 336-1839 and the access code is
6486063.

OAL DKT. NO. EDU 11443-20
3
Participation in this telephone prehearing conference is
MANDATORY. If Ms. Mullen fails to call at the time of the
telephone prehearing conference on February 16, 2021 at
9:00 a.m., it will be presumed that her client does not wish to
pursue this matter and the appeal will be dismissed, and
the file will be returned to the Department of Education.
Therefore, if either party is unavailable for this telephone
conference, please notify my assistant, Maria, at
maria.montaner@oal.nj.gov within seven (7) days of the date
of this letter, in order that the conference may be promptly
rescheduled.
By email dated January 27, 2021, Ms. Mullen confirmed that “[c]ounsel for
plaintiffs will be on the call.” However, by 9:15 a.m. on February 16, 2021, Ms. Mullen
still had not called in for the conference, and she has not contacted the OAL.
N.J.A.C. 1:1-14.4(a) provides as follows:
If, after appropriate notice, neither a party nor a
representative appears at any proceeding scheduled by the
Clerk or judge, the judge shall hold the matter for one day
before taking any action. If the judge does not receive an
explanation for the nonappearance within one day, the judge
shall, unless proceeding pursuant to (d) below, direct the
Clerk to return the matter to the transmitting agency for
appropriate disposition pursuant to N.J.A.C. 1:1-3.3(b) and
(c).
Further, N.J.A.C. 1:1-14.14(a) provides that for unreasonable failure to comply
with any order of a judge or with any requirements of the Uniform Administrative
Procedure Rules, the judge may (1) dismiss or grant the motion or application; (2)
suppress a defense or claim; (3) exclude evidence; (4) order costs or reasonable
expenses, including attorney's fees, to be paid to the State of New Jersey or an
aggrieved representative or party; or (5) take other appropriate case-related action.
Petitioner’s attorney failed to appear for the telephone prehearing conference
four times prior, and even after notice that the February 16, 2021 telephone prehearing
conference was mandatory and that failure to participate would result in dismissal of this
matter, petitioner’s attorney failed to appear for a fifth time and did not contact the OAL

OAL DKT. NO. EDU 11443-20
4
thereafter with any explanation for the nonappearance. Accordingly, I CONCLUDE
that petitioner has failed to appear and the petition of appeal should be DISMISSED. I
further CONCLUDE that the Clerk should return this matter to the Department of
Education.
It is ORDERED that this matter is DISMISSED and that the Clerk return this
matter to the Department of Education for appropriate disposition.
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. 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.
February 18, 2021
DATE KELLY J. KIRK, ALJ
Date Received at Agency:
Date Mailed to Parties: