IDEA requires that all hearing officers (in New Jersey, those are ALJs) meet certain qualifications. 20 U.S.C. 1415(f)(3)(A). It was alleged in the J.A. Case that the ALJs were not adequately trained or knowledgeable about IDEA, which was causing parents to lose more frequently than they should. This part of the settlement mandates that all ALJs that handle special education disputes in New Jersey meet the specified qualifications.
Relief #21 – Paragraph 24
“ALJs must meet the qualifications of a “hearing officer” under 20 U.S.C. § 1415(f)(3)(A).”
What does this mean?
IDEA requires that a person conducting a special education hearing “shall, at a minimum –
(i) not be—
(I) an employee of the State educational agency or the local educational agency involved in the education or care of the child; or
(II) a person having a personal or professional interest that conflicts with the person’s objectivity in the hearing;(ii) possess knowledge of, and the ability to understand, the provisions of this chapter, Federal and State regulations pertaining to this chapter, and legal interpretations of this chapter by Federal and State courts;
(iii) possess the knowledge and ability to conduct hearings in accordance with appropriate, standard legal practice; and
(iv) possess the knowledge and ability to render and write decisions in accordance with appropriate, standard legal practice.
Thus, NJDOE and OAL must enforce this provision and ensure that the ALJs meet these qualifications.
Relief #22 – Paragraph 25
“The Parties agree that an ALJ may only be assigned to or continue with a special education due process hearing if he/she has completed the training and education set forth in Section IV of this Agreement.”
What does this mean?
This provision was added to require training of ALJs so that they meet the requirements set forth above, specifically “possess knowledge of, and the ability to understand, the provisions of this chapter, Federal and State regulations pertaining to this chapter, and legal interpretations of this chapter by Federal and State courts.” This includes not only knowledge of the substantive special education law, but the Procedural Safeguards guaranteed to families of a child with a disability in special education. Any ALJ assigned to a special education due process case must complete this training before handling such case. The training modules they must complete are discussed in Part X.