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Special Education Law
DECISIONDismissedOAL Dkt. No. EDS 13447-18

ME obo GE v East Orange BOE

STATE OF NEW JERSEY

OFFICE OF ADMINISTRATIVE LAW

OAL DKT. NO. 13447-18

AGENCY DKT. NO. 2019-28797ER

EMERGENT RELIEF

M.E. ON BEHALF OF G.E., Petitioner, v.

EAST ORANGE BOARD OF EDUCATION,

Respondent.

M.E., petitioner, pro se

Carolyn R. Chaudry, Esq., for respondent (Scarinci & Hollenbeck, attorneys)

Record Closed: October 2, 2018 Decided: October 3, 2018

BEFORE SUSANA GUERRERO, ALJ:

STATEMENT OF THE CASE

This matter arises under the Individuals with Disabilities Education Act, 20 U.S.C. § 1415 et seq. On September 13, 2018, petitioner filed a Request for Emergent Relief with the Department of Education, Office of Special Education Policy and Procedure (OSEPP). The OSEPP transmitted the emergent relief application to the Office of Administrative Law (OAL), where it was filed on September 17, 2018, and scheduled for oral argument on September 26, 2018. 1 The parties appeared at the OAL on that date but agreed to adjourn the matter to try and resolve. The matter was rescheduled for October 2, 2018, and the parties engaged in discussions toward an amicable resolution. The parties reached a settlement as to the issues raised by the emergent relief application. A copy of the parties’ settlement agreement is attached hereto and incorporated herein.

I have reviewed the terms of settlement and I FIND:

1. The parties have voluntarily agreed to the settlement as evidenced by their signatures or their representatives’ signatures on the attached agreement.

2. The settlement fully disposes of the issues raised by the request for emergent relief and is consistent with the law.

I ORDER that the parties comply with the settlement terms and that the emergent relief proceedings be concluded.

This decision on application for emergency relief shall remain in effect until the issuance of the decision on the merits in this matter. The hearing having been requested by the parents, this matter is hereby returned to the Department of Education for a local resolution session, pursuant to 20 U.S.C. § 1415 (f)(1)(B)(i). If the parent or adult student feels that this decision is not being fully implemented with respect to program or services, this concern should be communicated in writing to the Director, Office of Special Education Programs.

October 3, 2018

DATE SUSANA GUERRERO, ALJ

Date Received at Agency

Date Mailed to Parties: jb

1 The OSEPP retained petitioner’s request for due process.