Settlement and Consent Order – Complaint / Allegation of Violation

If you believe either the NJDOE or the ALJ has violated one of the provisions of this Settlement Agreement and Consent Order in your case, you may submit a Complaint / Allegation of Violation. Provide as much information as possible. You may download the form (PDF file) and fill it out in paper or submit the form online below. If submitting the form via email, send it as an attachment to monitor@njspecialedsettlement.info. The online form below will be sent to the same email address.

COMPLAINT / ALLEGATION OF VIOLATION ONLINE FORM

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Use this form to submit complaints for alleged violations of the Individuals with Disability Education Act (IDEA), 20 U.S.C.A. §§ 1400 to 1482, by an Administrative Law Judge (ALJ) before the ALJ has issued a final decision on the merits of your case. The recognized categories of alleged violations are listed below. Submit the form to [Monitor’s email address]. This form may be found at [NJDOE website], [NJOAL website], and njspecialedsettlement.info.

PART ONE

I. Case Information

(Check Information Date

Case Name: *

OAL Docket Number: *

Agency Reference Number:

ALJ Name: *

II. Alleged Violation(s)

(Check all that apply) *

• The ALJ allowed a motion to be filed other than one of the following without permission: (a) an amended due process complaint; (b) a motion to bar evidence for violating the Five-Day Exchange Rule; (c) an application for emergency relief; (d) a motion for an independent educational evaluation.
• The ALJ failed to maintain Stay Put automatically or required me to prove the elements of an injunction.
• The ALJ failed to permit parents and/or their legal representative timely access to their child’s student records.
• The ALJ required formal discovery in violation of N.J.A.C. 1:6A-10.1.
• The ALJ converted the first scheduled hearing into a mandatory settlement conference without the consent of the parties in violation of the consent decree and settlement agreement in this case.
• The ALJ failed to exclude evidence at hearing, which had not been disclosed to that party at least five (5) business days before the hearing, unless the ALJ determined that the evidence could not reasonably have been disclosed within that time, in violation of the Five-Day Exchange Rule.
• The ALJ is not qualified to preside over the due process hearing in violation of 20 U.S.C. 1415(f)(3)(A).

III. Date(s) of Alleged Violation(s)

Date 1 *

Date 2

Date 3

PART TWO

I. Detailed Description of Alleged Violation(s)

Describe what happened: *

II. Signature and Date

Name *

First

Last

Email *

Phone (Optional)

Signature and Affirmation

Submit