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 Office of Special Education in DOE to determine compensatory education services.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning special education services and supplementing chapter 46 of Title 18A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Notwithstanding the provisions of any law, rule, or regulation to the contrary, upon a final decision made pursuant to a State complaint investigation that a school district or other education agency providing special education and related services to a student denied that student a free appropriate public education, the Office of Special Education in the Department of Education, or an independent investigator if the complaint is against the office, shall determine the relief that is warranted, including compensatory education services or reimbursement, as applicable. If compensatory education services are determined to be necessary, the determination issued by the office or an independent investigator, as applicable, shall determine and state the quantity and type of compensatory education services to be provided to the student, leaving only how and when such services will be provided to the judgement of the student’s Individualized Education Program (IEP) team,
b. The provisions of this section shall not preclude a student receiving special education and related services or the parent or guardian of the student from seeking additional relief available to a student receiving special education and related services in accordance with federal and State law.
2. This act shall take effect immediately and shall first apply to the first full school year next following the date of enactment.
STATEMENT
This bill requires the Office of Special Education in the Department of Education or an independent investigator, as applicable, to make determinations related to compensatory education services.
Under the bill, upon a final decision made pursuant to a State complaint investigation that a school district or other education agency providing special education and related services to a student denied that student a free appropriate public education, the Office of Special Education in the Department of Education, or an independent investigator if the complaint is against the office, will determine the relief that is warranted, including compensatory education services or reimbursement, as applicable. If compensatory education services are determined to be warranted, the office or an independent investigator, as applicable, will determine and state the quantity and type of compensatory education services to be provided to the student, leaving only how and when such services will be provided to the judgement of the student’s Individualized Education Program (IEP) team.