Conflict Resolution
Introduction
Effective Negotiating Skills
How to Problem Solve and Present Your Concerns
Problem Solving with School Personnel and Administrators  
People and Agencies with Whom to Work
Mediation, Due Process, and Complaint Investigation
Mediation  
Due Process
Preparation for Due Process Hearing
Placement of Student During Procedures  
Complaint Investigation  
Emergency Relief

Section 504 - How Can a Complaint Be Filed?

BACK

CHAPTER SIX

CONFLICT RESOLUTION

 


Introduction

Just as in any human relationship, conflict is inevitable.  It is important to work out disagreements as soon as you recognize them.  The law is written to ensure parents equal participation in developing their child's educational plans.  But in reality equality is not an easily achieved goal.  Often parents feel intimidated or uninformed when dealing with child study team members and school administrators.  Whether this imbalance stems from the attitudes and actions of professionals or from the feelings and attitudes of parents, it can lead to very ineffective and unproductive relationships.  Parents can gain confidence from the knowledge that the law protects them, but trying to resolve conflicts in order to avoid legal action can be a more productive and useful way to work with the child study team.

“The six most important words:

I admit that I was wrong.

The five most important words:

You did a great job.

The four most important words:

What do you think?

The three most important words:

Would you please?

The two most important words:

Thank You.

The most important word:

We

The least important word:

I.”

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EFFECTIVE NEGOTIATING SKILLS

We would all like to find a way to work with our school district in an amiable and productive manner.  Our goal of developing an appropriate IEP would be achieved much more efficiently and quickly if our relationship with our child study team was one of mutual respect and openness.  Effective negotiating skills can help to define the issues in any disagreement without becoming personal, while allowing each person the opportunity to air his/her concerns and opinions.  We should strive to become good negotiators, for this ability may preserve our relationships with people who have a great impact on our children, while still allowing us to be assertive yet respectful of others.

By perfecting our negotiating skills we can become strong advocates for our children and work with our districts for long-term change and strong relationships.  We can do this without having to resort to aggressive and unproductive tactics.  We must be assertive rather than confrontational.  We must be neither a victim nor victimize others.

Negotiation also deals with the feelings and frustration of those with whom we are disagreeing.  Just as we can become angry or defensive when trying to get services for our children, professionals also react to attitudes and accusations made by parents.  They may become defensive when presented with requests or demands they feel are inappropriate.  It is, therefore, necessary to recognize this human element and approach it in a more productive manner.

Keep in mind beforehand that many times professionals and child study team members truly have the interests of our children in mind but may just disagree about what is appropriate.  We must recognize that individuals have different ideas about what is right and we must respect and be open to differing solutions.  Creating an atmosphere that encourages each person to express his/her differences of opinion can be an opportunity to look at things with a different perspective and come up with creative and innovative solutions.  But this atmosphere must be supported and respected by both parents and professionals.

Negotiation is a basic means of getting what you want from others.  It is a back-and-forth communication designed to reach an agreement when you and the other side share some interests or opinions but do not agree on others.

Negotiation should focus upon choosing options based on their merits for children, rather than trying to win through an argumentative process focused on what each side says it will or will not do.  It suggests that we look for mutual gains wherever possible.  Overall, we must always keep everyone's main goal in sight: the development of an appropriate program that benefits our child.

Although negotiation takes place every day, it is not easy to do well.  Standard strategies for negotiation often leave people dissatisfied, worn out, or alienated - and frequently all three.  Do not become discouraged if you walk out of a meeting only to realize you should have said or done something differently.  Recognize where you need practice and give it your best the next time.

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HOW TO PROBLEM SOLVE AND PRESENT YOUR CONCERNS

Too often, those who advocate for change enter into negotiations with only a vague sense of what they hope to accomplish and how to accomplish it.  Preparation will help you be confident and better able to verbalize your child's strengths and needs.  You will be ready to provide input and assess services and information the child study team offers you.

Define the problems in terms of actions that are present or missing.  You do not want to bury your concerns in statements about your feelings.  You want to state clearly what services, modifications, or needs of your child should be addressed.

When working with the child study team and others to develop your child's IEP, there is a logical system of preparing and presenting your concerns.  Consider the following steps:

Ahead of time:

1. Write down the problem in one clear sentence or short paragraph.

2. Fill out the Positive Student Profile and Goals-At-A-Glance (see Appendix C) to help convey your important information about your child.

3. If your conflict involves advocating for a specific program, complete the Classroom Observation Checklist (see Appendix E) for each program you visit.  Visit all programs recommended by your district.  Speak with other parents to learn about other potential programs.  Then use the chart of school personnel to identify other people who can resolve the problem.

4. Collect information - obtain a copy of the complete pupil record for your child by writing to your Director of Special Education.

5. Build your documentation about the problem; gather information to support your position and request independent evaluations when necessary.

6. Map out strategies:

  • how you will present your concerns and requests
  • how you will work out differences with members of the team
  • to whom you should address your concerns and questions
  • try to assess what you will and will not accept
  • try to anticipate the school district's responses to your concerns and plan your answers to these

7. Express your need for change.  Go to the meeting with a written list of your agenda items and have your concerns prioritized.  Start with the person closest to the problem (often the classroom teacher) and then work with others who have authority to make the change.

  1. Sometimes a phone call is all that is needed.
  2. Document a problem(s), in writing that is not resolved and efforts you have taken to resolve it in a letter to your Director of Special Education.

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PROBLEM SOLVING WITH SCHOOL PERSONNEL AND ADMINISTRATORS

It is usually ideal to begin working with local level personnel.  Try to find local people who can support you and be your child's advocate.  You want to begin by making requests and addressing concerns to your case manager.  If you feel your request has not been addressed or if the case manager gives you a definite "No" you should then decide who might be the next appropriate person to whom you should address your concern.  It is probably most beneficial for long term gain to continue to work with local administrators who have greater decision-making power.

If you feel a telephone call would be sufficient to have your concern addressed, this would be ideal.  Keep a telephone log of each conversation and the outcomes of your conversation.  Follow-up your telephone calls with a note to confirm what you understand to be the commitments made.

Many times a telephone call will not be effective or may not produce results.  Writing a letter is a good way to document that you have attempted to have the difficulty or request addressed.  Always keep a copy of each letter, send a copy to your case manager if you are addressing it to someone else at the local level, or send a copy to the district director of special services if you are making a request to the county or state.  Mail your letter return-receipt requested or drop it off and get a receipt, so you know when it is received.  Usually a timeline begins once an office receives your letter.

Requesting a meeting (by telephone or letter) is often a good idea.  Meeting with decision makers gives you the opportunity to immediately answer any questions the district might have and you get clarification right away.  Meetings can also bring in a more human element to something that can sometimes be seen as a "task."  Follow up all meetings with a letter, thanking the person for his or her time (if appropriate) and confirming what you understand to be the commitments made and necessary next steps.

Interpersonal Considerations

1. Be assertive, but don't attack people personally.  Separate the people from the problem.

2. A good negotiator rarely makes an important decision on the spot.  If you are not sure whether or not a proposed compromise is satisfactory, don't be forced into a premature agreement.  Tell them you need time to think about it.

3. Never compromise without any thought of future consequences.

Often a conciliatory approach will be most effective, but do not abandon your goals for the sake of getting along.  If after working through the steps and really trying to work out an agreement, there is a standstill or argument, think about what your major concerns are and consider requesting that the meeting be adjourned.  You might say, "I don't feel this is getting anywhere.  I hope to hear from you in a week.  If not, I understand I should pursue other means of conflict resolution [my legal rights]."  If you are walking out on clearly legitimate grounds and if they are genuinely interested in an agreement, they are likely to call you back to the table.  If you are in a situation where you feel you are being intimidated, adjourn the meeting, get an advocate, and meet again as soon as possible.

Procedures and Good Practices During Meetings

1. Focus on your child's interests.  Always reaffirm both sides' mutual desire to develop an appropriate program for the child.

2. Enter a meeting with an open mind and an open ear to creative solutions.

3. Do not threaten any action you are not prepared to carry out.  Let them know you are aware of your rights without threats.

4. Avoid being put on the defensive.  Services should be available as a matter of right, not charity.

5. Refuse to discuss your own past actions and other irrelevant issues.

6. Present your solution as one possible solution, to avoid digging yourself into a position and inviting rejection.  Consider how similar difficulties have been resolved for other children.  If possible, invent options for mutual gain.

7. Present all your reasons first before offering a proposal.  Sometimes when the proposal is announced first, the other party might tend to tune out to the reasons that follow.

8. Keep in mind you have an objective standard by which to judge the decisions made (N.J.A.C. 6A:14 and federal regulations).

9. Your choice of seating can make a difference.  To project an image of confidence and control, you may want to sit at the head of the table or next to the person who is the ultimate decision maker.

10. Bring your documents, records, etc. to the meeting so that you are as prepared as the professionals.

11. If you bring others to support you at the meeting, try to avoid contradicting each other.

12. Make a record of your meeting by taking notes or even bringing a tape recorder.  Don't hesitate to ask someone to repeat something "for the record."

13. Work towards establishing firm timetables and specific standards of performance.

14. If the decision making process is being drawn out, you may want to request meeting with those persons who have the authority to make decisions.

15. If a policy is stated that seems inaccurate or in violation of federal or state regulations, request a copy of that policy in writing.

16. Troubleshoot.  Be a resource to your child study team.  Follow progress on resolving the problem.  As a follow-up to your meeting, write a letter to the highest-ranking person who attended summarizing the major points discussed.  The letter should highlight major agreements reached during the session, including timetables and standards for performance.  If the meeting was unsuccessful, document the remaining disagreements.  This letter should be sent via certified mail (return-receipt requested).

“Make use of time, let not advantage slip.”

- William Shakespeare

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PEOPLE AND AGENCIES WITH WHOM TO WORK

Following is a progression of people and agencies to work with.  You might choose to work slowly up the administrative levels or go directly to the top.  You should choose the appropriate person to work with according to time concerns, degree of the difficulty, past history, needs of your child, etc.  Individual situations call for you to work with different people at different times.

PEOPLE OR AGENCY
WITH WHOM TO WORK

WAYS TO WORK WITH SCHOOL PERSONNEL & ADMINISTRATORS

 

Classroom Teacher

·         Informal face-to-face conversations.

·         Communication tool developed.

 

Case Manager

·         Informal discussion with written follow-up.

·         Written letter with your requests and concerns.

 

Other Members of Child Study Team and/or related service providers

·         Informal discussion with written follow-up.

·         Ask for support when dealing with other decision makers.

 

Director of Special Services / Pupil Services

 

 

·         Informal/formal discussion with written follow-up.

·         Written letter with your requests and concerns.

 

Superintendent of Schools

·         Informal/formal discussion with written follow-up.

·         Written letter with your requests and concerns.

 

 

 

Board of Education

·         When advocating for creation of new classroom or program.

·         For defining steps or getting suggestions for problem solving.

·         To create change or resolve a problem which affects a number of children.

·         Attend board meetings and make needs known.

 

County Supervisor of Child Study

 

 

·         Informal/formal discussion with written follow-up.

NJ State Department of Education
Office of Special Education Programs
CN 500
Trenton, NJ 08625

·         For clarifying information and regulations.

·         Written request for:

  • Mediation.
  • Due process hearing or emergency relief.
  • Complaint investigation.

U.S. Department of Education
Office of Special Education Programs
400 Maryland Ave., S.W.
Washington, DC 20202

·         To give a written update on how services are being implemented in NJ.

·         Send carbon copies of correspondence to:

NJ Department of Education
100 Riverview Plaza
CN 500
Trenton, NJ 08625

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MEDIATION, DUE PROCESS, AND COMPLAINT INVESTIGATION

Federal and state laws require parents and schools to work together in providing a free and appropriate public education for children with educational disabilities.  Occasionally, in this cooperative effort disagreements may arise.  When this occurs, the parties should first attempt to resolve the problem through discussion.  If this is not successful, New Jersey's special education regulations provide methods through which special education disputes may be resolved.

The following information is by no means comprehensive of all regulations regarding mediation, due process and complaint investigation.  For further information, refer to New Jersey Administrative Code (N.J.A.C.) 6A:14.  Some material regarding mediation, due process, and emergency relief has been adapted from Special Education in New Jersey:  Mediation and Due Process, a brochure developed and distributed by the New Jersey State Department of Education, Division of Special Education, Learning Resource Center Project.

Emilia Autin-Hefner, age 4

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MEDIATION

Mediation is a voluntary and informal process for resolution of disagreements between you and the school district or state Department of Education staff to discuss and try to resolve differences of opinion concerning referral, classification, evaluation, services, placement or any issue regarding your child's special education services.  It is conducted with a representative of the state Department of Education serving as the mediator.

The role of the mediator is non-judgmental.  The mediator will lead the meeting and try to help both the parent(s) and the school system reach an agreement.  The emphasis of the meeting should be on the child, his/her educational needs, and how to work together in the best interest of the child.  The mediator does not make decisions; he or she serves to help clarify the issues, discuss solutions, and it is hoped, reach an agreement.  If no agreement is reached, the mediator documents the date and participants and no record is made.  If an agreement is reached, a written document will be developed and signed by both the parent(s) and the school district.

Following are guidelines to assist you along the path of mediation:

a. State Mediation - highly trained individuals assist the parent and educators in resolving disputes; in most instances this is a very worthwhile step because many disputes will be resolved through this process.

b. Most families will not retain an attorney at this point, however, if your situation is likely to require due process hearing, you may wish to contact an attorney prior to mediation to seek representation.

c. Be sure to complete the Mediation/Due Process Hearing/Emergency Relief Hearing Form (see Appendix F); write out a chronology of efforts you have taken to resolve the conflict; bring copies of letters you have written and reports that support your position (such as from educators and therapists that have worked with your child); bring samples of your child's work.

d. Bring someone knowledgeable about your child for support and to keep notes for you.

To request mediation, write to:

      Director of Special Services
     
Office of Special Education Programs
     
CN 500
     
Trenton, NJ 08625

A mediation conference will be held within 10 days of receipt of your letter.  All mediation meetings are voluntary, informal, and non-judgmental.  If mediation results in a written settlement that is not being implemented, request implementation from the above address.

Written by the New Jersey Department of Education.

“Regret for the things we did can be tempered by time; it is regret for the things we did not do that is inconsolable.”

- Sydney J. Harris

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DUE PROCESS

A Due Process hearing can be requested by a parent or a local school district concerning the child's special education placement and/or related services.  The purpose of a due process hearing is to allow an impartial party to make a decision regarding a dispute between the parent(s) and school district.  Due Process hearings are heard by the Office of Administrative Law (OAL).  The decision of the administrative law judge is final, binding on both parties and is to be implemented without undue delay unless stayed according to N.J.A.C. 1:6A-5.4.

Parents are not required to have legal representation - they can represent themselves.  But parents should be aware that the local school district in most cases has an attorney representing them. 

Parents who pursue legal representation should consider the following:

a. Any legal representation retained should be provided by a person/attorney who is knowledgeable and experienced in special education rules and regulations.

b. The Handicapped Children's Protection Act of 1986 provides that a parent/guardian who prevails in either a hearing or court action may recover reasonable attorney's fees, subject to certain limitations.  Parents should discuss the provisions of this Act with their attorney.  (Parents should have a written agreement with their attorney, in advance, stating that the attorney will file for reimbursement if parents prevail.)

Due Process Hearing (2 parts)

1. Conference

This is an informal, non-judgmental meeting conducted by a representative of the Department of Education.  The purpose is to assist the parties in defining the issues and preparing the material for transmittal of the case to the Office of Administrative Law for a hearing.  Mediation is available if both parties agree to participate.

2. Office of Administrative Law Hearing (Due Process Hearing)

If agreement is not reached at the conference, the case may be transmitted by the Department of Education to the Office of Administrative Law for a hearing before a judge who will decide the case.

Request for Mediation or Due Process

      The request must be written and should include:

  • The issues (the problem or disagreement)
  • The relief sought (the solution): fill out the Mediation/Due Process Hearing/Emergency Relief Hearing Form (found in Appendix F)
  • An indication that a copy was sent to the other party (local school district)
  • It is also helpful to include your daytime telephone number.

“To expect to rule others by assuming a loud tone is like thinking oneself tall by putting on high heels.”

- J. Petit-Seun

DUE PROCESS

 OPTION

PROVIDES

 MEETING HELD WITHIN

Conference

 An informal, non-judgmental meeting conducted by the Department of Education.  The purpose is to prepare the material to transmit the case to Office of Administrative Law (OAL).  Mediation will be available if both parties agree to participate. 

7 Days

Office of Administrative Law (OAL) Hearing

 If agreement is not reached at the conference, the case may be transmitted by the Department of Education to the OAL for a hearing before a judge who will decide the case. 

 

14 Days after conference

To request a due process meeting, write to:

      Director of Special Education
     
Office of Special Education Programs
     
CN 500
     
Trenton, NJ 08625

All meetings are voluntary, informal, and non-judgmental.

Written by the New Jersey Department of Education.

“The world we have created is a product of our thinking; it cannot be changed without changing our thinking.”

- Albert Einstein

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PREPARATION FOR DUE PROCESS HEARING

The decision rendered by a hearing officer depends on complete and accurate information to support your complaint.  This will require careful accumulation of school records and other information on your child.  The following checklist will assist you in establishing a home file from which the majority of information of this nature can be gathered.

INFORMATION CHECKLIST

You should maintain copies of these in your home file.  Good written records are essential.

1.      Forms of any nature that you are asked to sign

2.      Notices of meetings of any kind

3.      Evaluations conducted by the school, or others, including any private evaluation you have obtained

4.      Individualized Education Programs for each year

5.      Attachments to IEPs, annual reviews, etc.

6.      Examples of yearly homework for documentation of progress and nature of approaches

7.      Any progress reports provided on your child

8.      Any correspondence you receive from school relative to your child's needs and program

9.        Any correspondence you send to the school

10.      Any correspondence or medical information that documents the nature of your child's disability, its impact on your child, and any recommendations

11.      All behavior programs or plans

12.      Psychological evaluations provided by school or obtained privately

13.      Educational assessments from any source

14.      Letters, reports from any related service providers or special staff (speech/language, physical or occupational therapists, counselors, behavior specialists, case managers)

From PATHFINDER, South Dakota PTI

“Destiny is not a matter of chance, it is a matter of choice; it is not a thing to be waited for, it is a thing to be achieved.”

- William Jennings Bryan

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PLACEMENT OF STUDENT DURING PROCEDURES

During the period of time in which any administrative hearing or judicial proceeding is in progress, unless parties agree otherwise, the child for whom the hearing or proceeding is held will remain in the present placement, receiving all the services s/he has been receiving as specified in the IEP.  Placement may not be changed, except that a school district may follow its normal procedures for a child who is endangering self or others or may remove the child to an interim alternative education setting for up to 45 days if the child possesses or use a weapon or drugs illegal under the U.S. criminal code on school grounds or at a school function.  See SPAN's Discipline and Positive Behavior Supports packets.

If the complaint is an application for admission of a child to a public school for the first time, the child, with parent's consent, shall be placed in the public school program pending completion of all proceedings, administrative or judicial.

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COMPLAINT INVESTIGATION

When a problem or difficulty in regard to a violation of a regulation or rule occurs, a parent or any knowledgeable person may request a complaint investigation.  This process is used to resolve violations of federal and state regulations.  It can involve a violation affecting many pupils or even one individual's rights to an appropriate education.  A complaint might involve the district not completing evaluations within the required 60 day timeline or the district not providing copies of N.J.A.C. 6A:14 when a child is initially determined eligible to receive special education services.

The complaint investigation request must made be in writing to the Director of Special Education, Office of Special Education.  The Director will designate employees of the Department of Education to investigate the complaints.  A report of the findings, conclusions and any required corrective actions will be forwarded to the district and person who filed the complaint within 60 days of filing.  The findings and/or recommendations may be appealed to the Commissioner of Education or the United States Secretary of Education according to state and federal regulations (N.J.A.C. 6A:14 and 34 C.F.R. 76.781.)

Complaint investigation is also available through the Office of Special Education Programs (OSEP), United States Department of Education:  Director, Office of Special Education Programs, 400 Maryland Ave., S.W., Washington, DC 20202.  Once OSEP receives a request for complaint investigation it notifies the New Jersey Department of Education to carry out the investigation and submit their findings, but OSEP monitors the process and reviews the findings and recommendations to insure compliance with federal regulations.  Although OSEP does not become directly involved with the investigation itself, it ensures that the state carries out the investigation and that the findings are within federal requirements.

People may also choose to write to OSEP to let them know how programs and services are being implemented in New Jersey.  This may not necessarily be to request complaint investigation, but rather to give OSEP an opportunity to be aware of how services are being provided.  The U.S. Department of Education, Office of Special Education and Rehabilitative Services (OSERS) is responsible for visiting each state to "monitor" how the state education agency is meeting the requirements of P.L. 94-142.  Within OSERS, OSEP conducts these reviews.  When OSEP conducts their monitoring they consider correspondence they have received from citizens within the state and are more aware of what to look for.  They encourage input and comments from parents.

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EMERGENCY RELIEF

For a small number of cases, emergency relief may be requested.  Such requests must demonstrate the following:

1. The application has a reasonable probability of prevailing on the merits;

2. Either serious physical harm will result to a student if the relief is not granted; or the student's education program will be terminated or interrupted; or

3. The relief requested is narrowly defined to prevent the specific harm from occurring and will not cause unreasonable expense and substantial inconvenience.

The request must include an affidavit with a copy to the local school district.  An affidavit consists of a sworn letter by the parent(s) that the statements made are true.  This letter must be acknowledged by a notary public.  To request an emergency relief hearing, use the Mediation/Due Process Hearing /Emergency Relief Hearing Form (see Appendix F).  Emergency Relief requests meeting the requirements listed above are transmitted immediately to the Office of Administrative Law for a hearing on the earliest date possible (usually within 5 days).

Questions and Answers Pertaining to Conflict Resolution

Must the district notify parents of changes it proposes to make in regard to referral, evaluation, classification or educational placement of the pupil, or to the provision of a free and appropriate education?

When the district proposes to act or to make any change with regard to a pupil, the board of education or agency shall send a written notice to the parent(s) or guardian of the pupil no later than 15 days prior to the date for implementing the proposed action or change unless the parent(s) or guardian otherwise consents to the proposal.

When can a parent request a due process hearing?

A parent may request a due process hearing after the school has sent written notice of a proposed or denied action or 20 calendar days after the date of a written request by the parent for a change with regard to the pupil.  If a parent sends a written request to the district and the district does not respond within 20 days, the parent can assume the answer is, "No," and can request a due process hearing.

NOTE:   If you do not file a request for mediation or due process within 15 days of any notice the district has provided to you, the district may proceed with its proposed action or change, unless the district is requesting initial evaluation or initial implementation of a special education program and/or related services.  In these cases, the district must file and prevail at a due process hearing in order to proceed in its proposed action.

Is it necessary to have mediation before requesting due process?

No.  Mediation is not required before due process.

Can the pupil's services, classification, or placement be changed during mediation or due process?

No.  The program, classification, or placement cannot be changed during these efforts unless:

  1. emergency relief is granted; or
  2. both parties agree to the change.

Is it necessary to have legal representation in mediation or due process?

No.  Legal representation is not required.  The Department of Education does, however, provide parents with a listing of advocates and free or low cost legal services on receipt of a request for due process.

If parents choose to have legal representation, can they ask for reimbursement from the school district?

Yes.  The Handicapped Children's Protection Act of 1986 provides that a parent/guardian who prevails (wins) in either a hearing or court action may recover reasonable attorney's fees, subject to certain limitations.  Parents should discuss the provisions of this Act with their attorney.

The Office of Administrative Law has developed a video showing a simulated/dramatized hearing.  Parents who wish to view this tape can contact the nearest Learning Resource Center.  Please call SPAN for the location nearest you.

If the decision of the administrative law judge is not implemented, parents can write to Director of Special Education at the Division of Special Education or seek a court order in New Jersey Superior Court or Federal District Court to enforce the decision.  If either the parents or the school district disagree with the administrative law judge's decision, they can appeal to:

  1. New Jersey Superior Court
  2. Federal District Court

This information is provided to parents with the determination of the judge's decision.

See Appendix G for instructions on dealing with Clear Violations of the Law.

“When you get right down to the root of the meaning of the word ‘succeed,’ you find it simply means to follow through.”

- F. W. Nichol

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SECTION 504 - HOW CAN A COMPLAINT BE FILED?

Section 504 of the Rehabilitation Act of 1973 is the first civil rights law guaranteeing equal opportunity for more than 35 million Americans with disabilities.  For definition and clarification of Section 504, see Chapter Two.

If a person believes that any aspect of Section 504 has been violated, he or she may initiate a complaint to the Office of Civil Rights (OCR).  The person or organization filing the complaint need not be a victim of the alleged discrimination, but may complain on behalf of another person or group.  A complaint must be filed within 180 calendar days of the date of the alleged discrimination, unless the time for filing is extended by OCR for good cause.

The complaint should be in the form of a letter explaining:

  • Who was discriminated against? (Name, address, phone number)
  • In what way? (On the basis of being a "handicapped person" as defined in Section 504, describe how the major life activity of learning is being impacted by your child's disabling condition)
  • By whom or what institution? (Name of school district)
  • When the discrimination took place.  (On what date did the alleged act of discrimination take place?)
  • State in full what occurred to lead you to believe your child was discriminated against.  Provide names, dates, and other forms of information available to you, such as supporting documents.  If you do not already have your child's complete pupil record, this would be an important time to request it of your school district.
  • Define the desired outcome(s).
  • Who can be contacted for further information? (List the names, addresses, and phone numbers, if available, of any persons having knowledge of the discriminatory treatment)
  • If you have filed a complaint with any other federal, state, or local civil rights agencies, please list these.
  • Writer's name, address, and phone number (daytime).

Send letter to:

      Office for Civil Rights, Region II
     
U.S.  Department of Education
     
75 Park Place, 14th floor
     
New York, NY 10017

For Technical Assistance (not enforcement) contact:

      Charles Masterton
     
Equal Opportunity Specialist
     
(212) 637-6324

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