N.J. Admin. Code § 6A:14-9.2 - Complaint investigation

(a) The Director of the Office or designee(s) shall be responsible for reviewing, investigating, and taking action on any signed, written complaint regarding the provision of special education and related services covered under this chapter.

(b) An organization or individual may request a complaint investigation by simultaneously submitting a signed, written request to the Director of the Office and to the public agency against which the complaint is directed. The complaint shall include:

1. A statement that a public or private education agency has violated the requirements of State and/or Federal statute and/or regulation for the provision of special education and related services;

2. The facts on which the statement is based; and

3. The time period when the alleged violation occurred.

i. The complainant shall allege a violation that occurred not more than one year prior to the date that the complaint is received by the Director of the Office.

(c) The Office shall, if deemed necessary, complete an investigation within 60 calendar days after receipt of the signed, written complaint and issue a report setting forth a final decision regarding the complaint, unless the time period is extended pursuant to (c)5 below.

1. If a party believes that a final decision includes an error that is material to the determination in the decision, the party may inform the Office and the other party in writing, within 15 days of the date of the report. The written notice shall identify the asserted error and include any documentation to support the claim. The Office will determine the appropriate steps to consider the claim of error after receipt of the letter.

2. The investigation may include, but not be limited to:

i. Review of policies and procedures;

ii. Review of student record(s);

iii. Observation of programs;

iv. Interview(s);

v. An on-site investigation, if determined necessary; and

vi. If the parent consents, an opportunity for the education agency to engage the parent in mediation or an alternative means of dispute resolution.

3. The complainant shall be given the opportunity to provide additional information, either orally or in writing, about the allegations in the complaint.

4. The education agency against which the complaint is directed shall be provided an opportunity to respond to the complaint and, at the discretion of the Director of the Office or a designee, may be afforded an opportunity to resolve the issues in the complaint prior to issuance of an investigation report.

5. The Director of the Office may extend the timeline for completion of the investigation only if exceptional circumstances exist with respect to a particular complaint, or if the parent and education agency agree to mediate the dispute or engage in another means of dispute resolution.

(d) If a written complaint is also the subject of a due process hearing or contains multiple issues of which one or more are part of that hearing, the Office shall set aside the entire complaint until the conclusion of the hearing.

1. If an issue raised in a complaint has been previously decided in a due process hearing involving the same parties, the hearing decision is binding and the Office shall inform the complainant to that effect.

(e) A report of findings, conclusions, and, when warranted, the required corrective actions shall be issued within 60 calendar days after receipt of the written signed complaint unless the 60-day time period is extended pursuant to (c)5 above.

(f) If the education agency is found to be in noncompliance, a corrective action plan in accordance with the directive in the report shall be developed and submitted to the Office.

(g) The corrective action plan shall include, but not be limited to:

1. Objectives, strategies, and activities for correcting each noncompliance item cited, including resources needed to obtain the objectives; and

2. The dates by which the noncompliance will be corrected.

(h) The Director of the Office shall review the corrective action plan and notify the education agency if it is acceptable.

(i) The Office shall review and verify the implementation of the corrective action plan.

(j) When a corrective action plan is not submitted, is unacceptable, or is not implemented, the Office shall notify the agency of the actions the Office intends to take.

(k) Nothing in this section shall be construed as limiting the right of parents or adult students to seek a due process hearing with regard to issues raised in a request for complaint investigation. If a due process hearing is sought while a complaint investigation is pending, the complaint investigation with respect to all issues in the request for a due process hearing shall be placed in abeyance pending completion of the due process hearing. Upon completion of the due process hearing, the complaint shall be processed pursuant to (d) above.

Notes

N.J. Admin. Code § 6A:14-9.2

Amended by R.2000 d.230, effective 6/5/2000.
See: 32 N.J.R. 755(a), 32 N.J.R. 2052(a).
Amended (b); in (c), added a new 2 and recodified former 2 as 3; added a new (d) and recodified former (d) as (e); and recodified former (e) through (i) as (f) through (j).
Amended by R.2003 d.387, effective 10/6/2003.
See: 35 N.J.R. 1991(a), 35 N.J.R. 4714(c).
Rewrote the section.
Amended by R.2006 d.315, effective 9/5/2006.
See: 38 N.J.R. 2253(a), 38 N.J.R. 3530(b).
Rewrote (b) through (f). Amended by 52 N.J.R. 1822(b), effective 10/5/2020