The New Jersey Department of Education recently issued a memorandum to provide guidance to local educational agencies, students, and parents/guardians of students with disabilities regarding implementation of P.L. 2022, c.2, which temporarily extends the period of time to file a due process hearing request to address special education and related services provided from March 18, 2020, through Sept. 1, 2021.
The law requires each LEA to hold an individualized education program team meeting by Dec. 31, 2022, for every student with a disability who had an IEP between March 18, 2020, and Sept. 1, 2021, to discuss the need for compensatory services. The IEP must include discussions of the need for compensatory services and, when appropriate, the nature and scope of the compensatory services to be provided. In addition, parents or guardians must receive written notice addressing compensatory services after the IEP meeting.
If an IEP meeting was held prior to the enactment of P.L. 2022, c.2 and the resulting IEP documents the discussion of compensatory services, the LEA is not required to convene another IEP meeting to meet the requirements of the law. Additionally, the IEP meeting may be held as part of the student’s annual review, or as part of an IEP meeting convened to discuss various topics so long as the meeting includes the required discussion regarding the need for compensatory services and subsequent written notice.
The memorandum also addresses determining the need for compensatory services, eligibility for students that have graduated, suggestions for LEAs to consider when preparing for and holding IEP team meetings and information on dispute resolution.
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