One of the key components of the settlement agreement in this case is the requirement of training that ALJs and mediators must go through as discussed in Parts Five and Eight. We incorporated the specific training modules that ALJs and mediators must complete before handling a special education case.
Relief #30 – Paragraph 33
“ALJs shall receive training in special education law through a series of academic training modules. Every ALJ who presides over a special education settlement conference or due process hearing must first fully review the written modules and their recorded presentations. The modules are:
a. Module Series Overview
b. Child Find and Eligibility under the IDEA
c. FAPE under the IDEA
d. Related Services & LRE under the IDEA
e. Other Issues on the Merits under the IDEA (disciplinary changes in placement and independent educational evaluations)
f. Remedies under the IDEA
g. Statute of Limitations, Stay-Put, and Other IDEA Technical Issues
h. Types of Hearings for Students with Disabilities (regular hearings under the IDEA, expedited hearings under the IDEA, emergent relief hearings under New Jersey law, and impartial hearings under Section 504 per jurisdictional delegation under New Jersey law)
i. IDEA Due Process Hearings and Case Management (best practices)
j. Terms of and compliance with the Consent Orders entered in this case and the C.P. Class Action”
What does this mean?
As discussed in Part Eight, ALJs must meet certain qualifications under IDEA to preside over special education hearings. The training modules listed above are required before an ALJ can handle a due process case. They are also required of mediators as discussed in Part Five. This is a very important part of the settlement because the goal is to level the playing field for parents who have struggled with ALJs and mediators who might not be sufficiently knowledgeable about this area of law.