ELC Urges NJ Legislature to Strengthen State Special Education Complaint System
Education Law Center recently submitted comprehensive comments to the Assembly Education Committee of the New Jersey Legislature, based on extensive research and providing recommendations for improving the state special education complaint system. The comments followed, and expanded upon, ELC’s invited testimony before the same committee on May 7. The committee has been examining state oversight of special education in response to parental complaints about systemic failures.
All states are required by the federal Individuals with Disabilities Education Act (IDEA) to operate a state complaint procedure to investigate and remedy special education violations. This procedure is intended to serve as a lower-cost alternative to due process. In New Jersey, the Office of Special Education (OSE) within the Department of Education (NJDOE) is responsible for investigating and correcting violations of special education law by school districts (as well as violations by the NJDOE itself).
Although the NJDOE revised its forms and policies in 2023 (see related story below) to clarify the scope of its obligation to address state complaints, parental dissatisfaction with the system’s effectiveness in protecting their children’s rights has been high.
Supported by extensive research on practices in other states, ELC identified the following significant ways that New Jersey’s practices could be enhanced:
- The publication of state complaint investigation reports online;
- The appointment of independent investigators for complaints filed against the NJDOE;
- The inclusion in complaint investigation reports of specific orders of relief for students or, at a minimum, the NJDOE’s continuing participation until specific relief is agreed to, as well as a prohibition against corrective action plans that delegate to the school district’s IEP team the obligation to determine whether relief is necessary;
- The creation of an enforcement mechanism for corrective action ordered in state complaint reports; and
- The adoption of four additional specific proposals for improving transparency and accountability in the state complaint process.
“ELC’s strong belief is that improving the state special education complaint system would not only enhance public confidence but ultimately improve educational outcomes for New Jersey students with disabilities,” said Elizabeth Athos, ELC Senior Attorney for Educational Equity. “New Jersey has been underutilizing a very valuable tool of state enforcement that could help ensure that students with disabilities receive the federal protections they deserve.”
ELC is grateful to Cindy Fine, Esq. for undertaking the research that made this project possible, and to Ms. Fine, Rebecca Spar, Esq., and Ms. Athos for their collaboration on the recommendations.
Related Story:
Press Contact:
Sharon Krengel
Director of Policy, Strategic Partnerships and Communications
skrengel@edlawcenter.org
973-624-1815, x240