KEARNY BOARD OF EDUCATION File Code: 6171.7
Kearny , New Jersey 07032
Policy
ESTABLISHMENT AND IMPLEMENTATION OF PROCEDURAL SAFEGUARDS
ACCORDING TO N.J.A.C. 6A:14-2.1, 2.2, 2.3
The Kearny Board of Education has procedural safeguards in accordance with N.J.A.C. 6A:14-2.1, 2.2, 2.3 and N.J.A.C. 1:6A.
The procedures used to implement the above policies shall include, but not be limited to, the following:
When disputes arise under N.J.A.C. 6A:14, mediation shall be available through the Kearny Board of Education and shall be provided in accordance with the following:
1. A request for mediation shall be made in writing to the superintendent of schools or designee. The mediation request shall specify the issue(s) in dispute and the relief sought.
2. A mediation conference shall be conducted by the superintendent of schools or designee within 20 calendar days after receipt of a written request at which time:
a. Issues shall be determined
b. Options explored
c. Mediation attempts made within the confines of New Jersey law and code
3. The role of the mediator is not judgmental.
4. The mediation conference shall be:
a. Informal
b. Held at a time and place reasonably convenient to the parties in the dispute
5. If the mediation results in agreement, the conclusion shall be incorporated into a written agreement and signed by each party. If the mediation does not result in agreement, the mediator shall document the date and the participants at the meeting. No other record of the mediation shall be made.
6. The mediator may terminate the mediation after at least one meeting if in his/her judgment the parties are not making progress toward resolving the issue(s) in dispute.
7. Pending the outcome of mediation, no change shall be made to a pupil’s classification, program, or placement, unless both parties agree or emergency relief is granted by the Office of Administrative Law according to N.J.A.C. 6:28 -2.7 (d) or N.J.A.C. 6A:14-2.7 (g).
ESTABLISHMENT AND IMPLEMENTATION OF PROCEDURAL SAFEGUARDS ACCORDING TO N.J.A.C. 6A:14-2.1, 2.2 and 2.3 File Code 6174.7 Page 2
The parent(s) or Kearny Board of Education may request a hearing after the board of education has sent written notice of a proposed or denied action or after 30 calendar days have elapsed from the date of a written request by the parent(s) for a change with regard to the pupil. The board of education, through its chief school administrator, may request a hearing when it is unable to obtain required parental consent to a proposed action. The board of education shall request a due process hearing if it denies the parent(s) request for an independent evaluation.
The Kearny Board of Education, through its chief school administrator, or the parent(s) may apply in writing for emergency relief as part of a request for a hearing, or at any time after such request according to N.J.A.C. 1:6A-3.1. The request shall provide copies of the request to the other party.
Prior to transmittal of the hearing request to the Office of Administrative Law, application for emergency relief shall be made to the Director of the Division of Special Education, Department of Education, after transmittal of a request for a due process hearing, any application for emergency relief shall be made directly to the Office of Administrative Law.
The Kearny Board of Education ensures that the chief school administrator or his or her designee with the authority of the chief school administrator attends the due process hearing according to N.J.A.C. 6A:14-2.7.
The Kearny Board of Education, through its chief school administrator, assures compliance with N.J.A.C. 1:6A. If the board of education fails to implement a hearing decision of the Office of Administrative Law, a request for enforcement may be made by the parent(s). The request shall be made in writing to the Director of the Division of Special Education, Department of Education. On receipt of this request, implementation of the decision shall be assured according to Department of Education procedures.
Pending the outcome of mediation according to N.J.A.C. 6A:14-2.6 or a due process hearing according to the N.J.A.C. 6A:14-2.7 no change shall be made to the pupil’s classification, program or placement, unless both parties agree or emergency relief is granted by the Office of Administrative Law according to N.J.A.C. 6A:14-2.7(j).
This Resolution supersedes any previous Resolution.