N.J. Admin. Code § 8:17-13.2

Current through Register Vol. 56, No. 11, June 3, 2024

Section 8:17-13.2 - Dispute resolution options

(a) Options for resolving disputes include mediation, impartial due process hearings, and administrative complaints (also referred to as "complaint investigations").

(b) The Procedural Safeguards Office shall administer a Statewide mediation system available to ensure voluntary access to a non-adversarial process that is consistent with 34 CFR 303.431 for the resolution of individual disputes regarding the Early Intervention System to address identification, evaluation and assessment, eligibility determination, placement, and the provision of appropriate early intervention services.

(c) Through referral of cases to the Office of Administrative Law, the Procedural Safeguards Office shall ensure voluntary access to a Statewide impartial due process hearing system that is consistent with 34 CFR 303.435 through 303.438 for the resolution of individual disputes regarding the provision of early intervention services, including identification, evaluation and assessment, eligibility determination, placement , and the provision of appropriate early intervention services.

1. For a child above the age of three, an impartial due process hearing may only be requested with respect to the services provided or denied while the child is receiving compensatory early intervention services. Compensatory early intervention services are not approved for missed services as a result of family unavailability, provider agency closures, holidays, and practitioner illness.

(d) The Procedural Safeguards Office shall administer complaints consistent with 34 CFR 303.432 through 303.434, as to deficiencies in the fulfillment, or violations, of the requirements of Part C of IDEA or other pertinent State or Federal early intervention laws, by public or private agencies that are, or have been, receiving financial funding or payment therefor, or by other public agencies involved in the State's early intervention system.

(e) Requests for mediation, impartial due process hearings, and administrative complaints are to be submitted to the Procedural Safeguards Office using the form at Chapter Appendix F, incorporated herein by reference.

N.J. Admin. Code § 8:17-13.2

Amended by 54 N.J.R. 1798(a), effective 9/19/2022