Parents and school districts are waiting an average of 10 months to obtain a legal decision in non-emergency special education matters, this is in spite of state and federal laws requiring such decisions be made within 45 days.
The findings are part of a report issued in March, 2018, by the New Jersey Special Education Practitioners (NJSEP), a group of roughly100 attorneys and advocates who represent parents and students with disabilities in special education disputes. The group conducted an analysis of the State’s compliance with the 45-day timeline by reviewing decisions in special education cases from July 2014 through December 2017 posted on the OAL’s website, and issued a report to Governor Phil Murphy analyzing the State’s delays in completing hearings in disputes over special education services for children with disabilities.
When parents and districts cannot reach agreement on special education services for students with disabilities, the New Jersey Department of Education (NJDOE) sends hearing requests to the Office of Administrative Law (OAL), an independent state agency. Cases are then heard before an Administrative Law Judge (ALJ).
The report underscores that a “longstanding ALJ shortage” has been a major factor in the extreme delays. Although OAL moved closer to its full complement of 45 judges during the past year, in 2017, the agency still took an average of 261 days, or close to nine months, to reach final decisions. This average case length, which includes emergent and expedited cases, more than doubled over the period from 2014 to 2017.
The report emphasizes the delays are not minimal, but severe, and clearly violate federal law mandating prompt decision-making to ensure the rights of students with disabilities are fully protected.
NJSEP is calling on Governor Phil Murphy to “prioritize the fixing of this broken system,” by taking steps that include the following:
- Ensuring sufficient numbers of ALJs;
- Appointing ALJs with the experience and expertise to handle special education cases;
- Developing adequate tracking and reporting programs to make data about hearing delays readily accessible; and
- Tasking DOE with undertaking systemic reforms that will decrease the need for hearings in special education disputes.
NJSEP has also suggested that the State identify and adopt effective practices from states that have implemented efficient practices to resolve special education disputes in a timely manner.
