Special Education Due Process Hearing Decisions
Special Education Due Process Hearing Decisions are available to the public.
In accordance with Public Law 2017, Chapter 103, which was enacted in July 2017, the Department of Education is required to make available on its website a full-text copy of each written decision rendered by an Administrative Law Judge (ALJ) in a special education due process hearing. In New Jersey, a decision in a special education due process hearing is a final agency decision subject to the law requiring each decision to be made public. Currently, decisions in special education due process hearings are also listed on the webpage of the Office of Administrative Law (OAL).
N.J. Stat. § 18A:46-1.2 requires the Department of Education to maintain an electronic database of legal decisions concerning special education in New Jersey available on its website. The purpose of the database shall be to provide parents, school districts, child study team members, and other interested members of the public with easily accessible information on legal decisions regarding New Jersey special education matters. The database shall contain a full-text copy of each written decision rendered by the New Jersey Office of Administrative Law in a special education due process hearing, and, if the decision is appealed, any subsequent decision on the matter rendered by a court of the State of New Jersey or a federal court. Appealed decisions are maintained on the websites on the box to the right. When accessing the websites, use search terms that include the case number, the district name, or party initials.
Confidentiality of Student and Parents/Guardians:
Even though decisions are to be made available to the public, in accordance with OAL regulations concerning the conduct of due process hearings, an ALJ shall use initials rather full names when referring to the child and the parent(s) or guardian(s), and may take other necessary and appropriate steps, in order to preserve privacy interests. This requirement is set forth at N.J.A.C. 1:6A-18.2.