[First Reprint]

SENATE, No. 3759

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED MAY 16, 2019

 


 

Sponsored by:

Senator  DAWN MARIE ADDIEGO

District 8 (Atlantic, Burlington and Camden)

Senator  KRISTIN M. CORRADO

District 40 (Bergen, Essex, Morris and Passaic)

 

Co-Sponsored by:

Senators Oroho, Ruiz and Singleton

 

 

 

 

SYNOPSIS

     Creates special education unit within the Office of Administrative Law; requires annual report.

 

CURRENT VERSION OF TEXT

     As reported by the Senate Budget and Appropriations Committee on December 5, 2019, with amendments.

  


An Act concerning the Office of Administrative Law and special education and supplementing Title 52 of the Revised Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a.     The Director and Chief Administrative Law Judge of the Office of Administrative Law shall establish within the Office of Administrative Law a special education unit consisting of administrative law judges having expertise in special education law.  1The Director and Chief Administrative Law Judge shall ensure that the administrative law judges in the special education unit include individuals with a wide range of special education law expertise, including expertise as school board attorneys and as parent and student advocates.1  The number of administrative law judges in the special education unit shall be proportional to the number and complexity of special education cases referred to the office 1and shall be of a sufficient number to render decisions within the federal and State mandated time period.  The Director and Chief Administrative Law Judge may appoint administrative law judges to the special education unit on a temporary or case basis as need arises1

     b.    Upon the establishment of the special education unit, all contested cases, as defined in section 2 of P.L.1968, c.410 (C.52:14B-2), concerning special education law referred to the Office of Administrative Law shall be assigned to and adjudicated by the administrative law judges in the special education unit. 

 

     2.    The Director and Chief Administrative Law Judge shall prepare an annual report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature regarding the special education unit established under section 1 of P.L.   c.  (C.      ) (pending before the Legislature as this bill).  The report shall include 1[statistics regarding the number of special education cases referred to the special education unit during the reporting period; b. the number of special education cases resolved by the special education unit during the reporting period; c.  the average number of cases pending before the special education unit during the reporting period; d.  the average time to resolution of the special education cases, e.  a brief description of the outcome of the resolved cases and f.] : a. the number of special education cases that were decided via a final settlement within 45 days after the case was transmitted to the Office of Administrative Law, and of the remaining petitions transmitted to the Office of Administrative Law, the number of cases that were heard and decided in a written decision within 45 days after the case was transmitted to the Office of Administrative Law; b. a list setting forth each special education case that was not decided within the 45 days, including the total number of days it took the administrative law judge to hear the case and issue the decision and the reason why the case was not decided within the 45 days; and c.1 other relevant information and recommendations at the discretion of the Director and Chief Administrative Law Judge.

 

     13.   The Director and Chief Administrative Law Judge of the Office of Administrative Law, in consultation with the Department of Education, shall develop a system to track a due process petition once it is assigned to an administrative law judge and to allow petitioners to track the status of their petition.1

 

     1[3.] 4.1     This act shall take effect on the first day of the ninth month next following enactment except the Director and Chief Administrative Law Judge of the Office of Administrative Law may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act.