H.G., on behalf of minor child, E.G. v. Board of Education of the Borough of Tenafly, Bergen County, 8/1/2023, (#225-23)

OAL Dkt. No. 05047-23
Agency Dkt. No. 156-6/23
New Jersey Commissioner of Education
Final Decision
H.G., on behalf of E.G.,
Petitioner,
v.
Board of Education of the Borough of
Tenafly, 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, following the
resolution of petitioner’s motion for emergent relief, this matter is moot.
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: August 1, 2023
Date of Mailing: August 1, 2023
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.
225-23

New Jersey is an Equal Opportunity Employer
State of New Jersey
OFFICE OF ADMINISTRATIVE LAW
INITIAL DECISION
DISMISSAL
OAL DKT. NO. EDU 05047-23
AGENCY DKT.NO. 156-6/23
H.G. ON BEHALF OF E.G.,
Petitioner,
v.
BOROUGH OF TENAFLY BOARD OF EDUCATION,
Respondent.
___________________________________________
H.G., petitioner appearing pro se
Stephen Fogerty, Esq. for respondent (Fogarty and Hara, attorneys)
Record Closed: June 23, 2023 	Decided: June 27, 2023
BEFORE KIMBERLY A. MOSS, ALJ:
Petitioner, H.G. on behalf of minor child E.G., brings this action seeking E.G., be
allowed to walk at the graduation ceremony although she does not have enough credits
to receive a diploma.

OAL DKT. NO. EDU 05047-23
2
On June 6, 2023, the Office of Special Education Programs transmitted the
matter to the Office of Administrative Law (OAL) for emergent relief. 	A telephone
conference was held on June 14, 2023. 	Oral arguments were held on June 19, 2023.
On June 20, 2023 I issued an Order denying the emergent relief, which was upheld by
the Commissioner on the same date.
The graduation that E.G. requested to participate in has now passed. 	In July
2023 petitioners will be returning to Israel. 	I CONCLUDE that this matter is moot and
no longer a contested case before the OAL. 	Accordingly, this matter 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 05047-23
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.
June 27, 2023
DATE 	KIMBERLY A. MOSS, ALJ
Date Received at Agency: 	June 27, 2023
Date Mailed to Parties: 	June 27, 2023