A Capehart Scatchard Blog

Tag: Bureau of Controversies and Disputes

Request to Produce Student Records Not Available Through Due Process

Parents may initiate a due process petition on behalf of their child against a school district or charter school with the New Jersey Office of Special Education Programs (“OSEP”) for special education related claims arising under the Individuals with Disabilities Education Act (“IDEA”) and N.J.A.C. 6A:14-1.1 et seq., which include disagreements regarding identification, reevaluation, classification, educational placement, the provision of a free appropriate public education, or disciplinary action. However, the right to initiate a due process hearing does not extend to a request to compel a school district to produce student records, according to a recent decision issued by Administrative […]

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