Filing deadline extended for Due Process petition for compensation of special education services

Governor Murphy signed S905/A1281 into law directing school districts must have an IEP meeting with every student by no later than December 31, 2022 to discuss the need for compensatory education for the period from March 18, 2020 through September 1, 2021. Parents have until September 1, 2023 to file for Due Process.

This complaint, known as a Due Process Petition, should be filed with the New Jersey Department of Education. A child may be entitled to compensatory education as a result of the mandated school closures.

Compensatory education are education services public school districts may have to provide to students to make up for the services that should have been provided. Examples of when compensatory education could be necessary include:

  • the student was not provided with a working computer in March 2020 or did not have access to classes or school work due to internet issues,
  • the student could not learn through remote instruction due to the student’s disability,
  • the student needed a one-on-one aide but one was not provided by the school,
  • the student did not receive the school-based therapies they were entitled to,
  • other IEP services were not provided or not provided appropriately,
  • the student required bilingual education services but they were not provided, or
  • the student experienced a long delay in receiving child study team evaluations and services through an appropriate IEP.

For information on how to file a due process complaint and for assistance, contact Nina Peckman, Staff Attorney at npeckman@acnj.org or 973-643-3876, ext. 226