Sponsored by:
Assemblywoman VERLINA REYNOLDS-JACKSON
District 15 (Hunterdon and Mercer)
Assemblywoman ROSAURA "ROSY" BAGOLIE
District 27 (Essex and Passaic)
Assemblywoman ELIANA PINTOR MARIN
District 29 (Essex and Hudson)
SYNOPSIS
Requires DOE to publish special education complaint investigation reports and provide links to certain relevant court decisions.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning special education reporting requirements and amending P.L.2017, c.103.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2017, c.103 (C.18A:46-1.2) is amended to read as follows:
1. a. The Department of Education shall make available on its website an electronic database of legal decisions concerning special education in New Jersey. 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.
b. (1) 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, a full-text copy of each written report rendered by the Office of Special Education in response to a complaint filed pursuant to 34 C.F.R. s.300.151 through 34 C.F.R. s.300.153 or N.J.A.C.6A:14-9.2, as well as any successor regulations, and, if the decision or report is appealed, a direct hyperlink to any subsequent decision on the matter rendered by a court of the State of New Jersey or a federal court. The database shall include each special education decision or report rendered after the effective date of this act within seven days following the issuance of the decision or report.
(2) The information required pursuant to paragraph (1) of this subsection shall be electronically searchable by multiple criteria including:
(a) the issue presented by the complaint, such as the provision of free appropriate public education, least restrictive environment, discipline, eligibility, evaluation, independent educational evaluation, and other common complaint issues;
(b) school district or school;
(c) compensatory education or reimbursement awarded;
(d) any corrective action plan developed; and
(e) any other criteria deemed relevant and appropriate by the commissioner.
c. The department may meet the requirements of this section by maintaining the database directly on its website or by entering into a memorandum of understanding with another entity or organization that maintains an electronic database of the legal decisions, provided that the database is easily accessible to the general public and the department's website contains a link to the database or information on how to access and use the database.
(cf: P.L.2017, c.103, s.1.)
2. This act shall take effect on the first day of the fourth month next following enactment except that the Commissioner of Education may take any anticipatory administrative action as may be necessary for the implementation of this act.
STATEMENT
This bill requires the Commissioner of Education to publish on the Department of Education’s website complaint investigation reports issued by the department’s Office of Special Education.
Current law requires the commissioner to maintain a publicly accessible database of legal decisions concerning special education in New Jersey, including full text copies of decisions rendered by the Office of Administrative Law. This bill requires the database to also contain full text copies of written reports rendered by the Office of Special Education in response to complaints filed pursuant to federal law and State regulations. The bill further requires any subsequent decisions by State or federal courts to be linked to the matter in the database within seven days following the issuance of the report or decision.
Lastly, the bill requires that the database be searchable by multiple key items, including: the issue presented by the complaint; school district or school; compensatory education or reimbursement awarded; any corrective action plan developed; and any other criteria deemed relevant and appropriate by the commissioner.