N.J. Admin. Code § 1:6A-14.2

Current through Register Vol. 56, No. 21, November 4, 2024

Section 1:6A-14.2 - Expedited hearings

(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.

N.J. Admin. Code § 1:6A-14.2

New Rule, R.2000 d.94, effective 3/6/2000.
See: 31 N.J.R. 3875(a), 32 N.J.R. 785(a).
Former N.J.A.C. 1:6A-14.2, Interpreters, recodified to N.J.A.C. 1:6A-14.3.
Amended by R.2010 d.275, effective 12/6/2010.
See: 42 N.J.R. 1763(a), 42 N.J.R. 2951(a).
In (a)1, deleted "during the pendency of due process proceedings" following "placement"; in (a)2ii, substituted "300.536" for "300.519"; in the introductory paragraph of (b), substituted "contact" for ", through telephone conference call to" and "the Clerk to" for "to the Clerk"; in (c), substituted "conducted within 20 school days" for "no later than 10 days from the date", and deleted the last sentence; deleted former (d)1; recodified former (d)2 as (d)1; in (d)1, substituted "10 school days of the completion of the hearing" for "45 days from the date of the hearing request" and deleted the last sentence; in the introductory paragraph of (e), deleted "order placement of the pupil in an appropriate interim alternative educational setting if the judge" following "May"; deleted former (e)1, (e)2, (e)3, (e)4 and the former introductory paragraph of (f); recodified former (f)1 and (f)2 as (e)1 and (e)2; recodified former (g) as (f); and in (f), inserted "calendar".