N.J. Admin. Code § 8:17-13.9

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

Section 8:17-13.9 - Procedural Safeguards Office responsibilities in impartial due process hearing procedure

(a) The Procedural Safeguards Office shall:

1. Date-stamp each request for an impartial due process hearing immediately upon receipt;

2. Maintain a log of all requests for impartial due process hearings (impartial due process hearing log) that shall consist of:

i. The request number;

ii. The date the Procedural Safeguards Office receives the request;

iii. The name of the requester; and

iv. The completion date of each step in the process;

3. Create a file containing all documents related to the hearing;

4. Acknowledge receipt of the request;

5. Administer any mediation request in accordance with the procedures for mediation established in this subchapter, if requested by both parties;

6. Within one business day of its receipt of the request, transmit the case in accordance with N.J.A.C. 1:1-8.2 to the Office of Administrative Law pursuant to (b) below;

7. Notify the parent in writing:

i. Of the availability of, and procedure to request mediation;

ii. Of the parent's right to be accompanied and advised by legal counsel and by individuals with special knowledge or training with respect to early intervention services for children and may be accompanied by other persons of their choices;

iii. That the parent has the right to inspect and review the child's early intervention record without unnecessary delay and before the hearing, and has the right to request copies of these records and that fees may be charged for copies of records if the fees do not prevent the parent from exercising the parent's right to inspect and review these records, and that fees may not be charged to search for or to retrieve records;

iv. Of the right to have an interpreter or translator to the maximum extent possible; and

v. Of legal services and advocacy organizations available to assist the parent in the impartial due process hearing process;

8. Notify the parties in writing of the following, which are subject to the Administrative Procedure Act, 52:14B-1 et seq. and 14F-1 et seq., the Uniform Administrative Procedure Rules, N.J.A.C. 1:1, and the Special Rules for Special Education Program, N.J.A.C. 1:6A, except that the following rules shall not apply: 1:6A-1.1(b), 4.1, 5.1(a), 12.1, 13.1, 14.2, 14.4, 18.1, and 18.2(b); provided that the term "Procedural Safeguards Office" shall be substituted for "Special Education Program of the Department of Education" and "Department of Education" and "N.J.A.C. 8:17" shall replace references to "N.J.A.C. 6A:14" in those provisions of N.J.A.C. 1:6A, which are incorporated by reference.

i. That they have the right to obtain written findings of fact and decisions within 30 calendar-days of the receipt of the request for the hearing;

ii. The child must continue to receive the appropriate early intervention services being provided at the time that the request for impartial due process hearing is filed pending the decision of the administrative law judge and any appeal of such decision, unless the parent and provider agency otherwise agree, and provided that if the hearing involves an application for initial services pursuant to Part C of IDEA, the child shall continue to receive those services that are not in dispute; and

iii. That any individual representing the parent, including counsel, has the right to review, inspect and request copies of the child's records with the written consent of the parent; and

9. As necessary, ensure the availability and provision of the services of a qualified interpreter of the deaf and/or, to the maximum extent possible, an interpreter fluent in the primary language of the parents of the child at all stages of the hearing.

(b) The Procedural Safeguards Office shall notify all parties to an impartial due process hearing of a parent's decision to be represented by counsel immediately upon the Procedural Safeguards Office's receipt of notice pursuant to 8:17-13.8(d).

(c) The Procedural Safeguards Office shall maintain a copy of the impartial due process hearing records and the administrative law judge's written opinion for at least three years, in accordance with the applicable State records retention schedule, or until the conclusion of all impartial due process hearing proceedings and appeals, whichever is later.

(d) The hearing shall result in a written decision, which shall be transmitted to the parties within 14 days of the issuance of the decision.

N.J. Admin. Code § 8:17-13.9

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