New Jersey Administrative Code
Title 6A - EDUCATION
Chapter 14 - SPECIAL EDUCATION
Subchapter 9 - MONITORING, CORRECTIVE ACTION AND COMPLAINT INVESTIGATION
Section 6A:14-9.2 - Complaint investigation
Current through Register Vol. 56, No. 6, March 18, 2024
(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:
(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.
(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.
(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:
(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.