New Jersey Administrative Code
Title 1 - ADMINISTRATIVE LAW
Chapter 6A - SPECIAL EDUCATION PROGRAM
Subchapter 14 - CONDUCT OF CASES
Section 1:6A-14.2 - Expedited hearings
Universal Citation: NJ Admin Code 1:6A-14.2
Current through Register Vol. 56, No. 18, September 16, 2024
(a) An expedited hearing shall be scheduled:
1. At
the request of a board of education or public agency if the board of education
or public agency maintains that it is dangerous for the child to be in the
current placement; or
2. At the
request of a parent if:
i. The parent
disagrees with the determination that the pupil's behavior in violating school
rules was not a manifestation of the pupil's disability; or
ii. The parent disagrees with an order of
school personnel removing a pupil with a disability from the pupil's current
placement for more than 10 days or a series of removals that constitute a
change in placement pursuant to
34 CFR
300.536 for a violation of school
rules.
(b) Upon receipt of a request for an expedited hearing that meets the requirements of (a) above, the representative of the Department of Education shall contact the parties and the Clerk to:
1. Determine
whether both parties request mediation;
2. If both parties request mediation,
schedule the dates for the mediation and for the hearing; and
3. If mediation is not requested, schedule
dates for the hearing.
(c) The hearing date for the expedited hearing shall be conducted within 20 school days of the hearing request.
(d) In an expedited hearing:
1. A written decision shall be issued
by the judge and mailed by the Office of Administrative Law no later than 10
school days of the completion of the hearing.
(e) In an expedited hearing pursuant to (a)1 and 2ii above, the judge may:
1. Return the
child with a disability to the placement from which the child was removed if
the judge determines that the removal was a violation of
34 CFR
300.530 or that the child's behavior was a
manifestation of the child's disability; or
2. Order a change of placement of the child
with a disability to an appropriate interim alternative educational setting for
not more than 45 calendar days if the judge determines that maintaining the
current placement of the child is substantially likely to result in injury to
the child or to others.
(f) Placement in an interim alternative placement may not be longer than 45 calendar days. The procedures set forth in this section for such placement may be repeated as necessary.
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