Special Education Due Process Hearings: Exploring Factors

The researcher examined important factors that New Jersey Administrative Law Judges (ALJ’s) consider when they hear special education due process hearings. The researcher examined 21 cases involving parents who sought to place their multiply disabled or emotionally disturbed children into environments more restrictive than proposed by the school district. A content analysis focused on ALJ’s analysis of student Individualized Education Plans (IEP’s) and placement within the least restrictive environment (LRE). Findings indicate that school districts in the study sample that developed IEP’s that complied with the New Jersey Administrative Code and placed students in the LRE often prevailed in court. Additional factors of importance, such as witness testimony, attorney representation, and documentary evidence also became evident during the course of the present study.