Before You File Your Case
Once you understand the dispute with the school, you need to prepare your case. Here are the laws relating to getting information you need for your case.
A. Request your child’s school records
Before filing a due process complaint, you should review and obtain copies of your child’s school records. IDEA provides “An opportunity for the parents of a child with a disability to examine all records relating to such child.” 20 U.S.C. 1415(b)(1).
Parents “must be afforded, . . . an opportunity to inspect and review all education records with respect to the identification, evaluation, and educational placement of the child; and the provision of FAPE to the child.” 34 C.F.R. 300.501(a). “Each [school district or agency providing your child a public education] must permit parents to inspect and review any education records relating to their children that are collected, maintained, or used by the agency under this part.” 34 C.F.R. 300.613(a).
Document requests under these sections can be made at any time and do not have to be associated with due process hearings or litigation. School districts have an obligation, however, to timely respond to these requests or provide parents access. The timing of this access to records is critical. A school district must comply with a request without unnecessary delay and before any IEP meeting or any due process hearing or resolution session and in no later than 45 days after the request has been made. 34 C.F.R. §300.613(a); see also N.J.A.C. 6A:14-2.9(b) (“without unnecessary delay and before any meeting regarding the IEP.”)
B. Review prior cases similar to yours (Legal Research)
[We are developing a new, comprehensive database for your research. In the meantime, the following are useful and free resources to start your search for cases.]
- Google Scholar: You can search for New Jersey state and federal cases that have addressed the same issues as yours at Google Scholar. Just type in the issue, e.g. IDEA eligibility, in the search bar.
- Rutgers University database: OAL decisions from 1997-present are searchable on Rutgers’ New Jersey Administrative Law Decisions webpage. Although searchable, this site requires some skills and patience and is also incomplete on special education decisions.
- OAL website: Also incomplete and not searchable, the OAL maintains a partial list of special education decisions from 2012-2019.
- NJDOE website: Selected special education hearing decisions from 2018-2024 are available to the public and maintained at the New Jersey School Law website. Unfortunately, it is incomplete and not searchable by issue.
C. Identify potential witnesses (and possibly experts)
You will need to identify what witnesses will testify for your case. See Five-Day Exchange Rule part of Hearing Rights. This might be yourself, your child (if appropriate), teachers or school staff, IEP Team members, or maybe experts, like your child’s physician, therapist, or service provider (for example, speech therapist). You should gather their information and what testimony you will need from them, as well as how to contact them or if you need to subpoena them.
Now that you’ve gathered your documents, did legal research, and located your witnesses, you are ready to prepare and file your due process complaint . . .
