New Jersey § 18a:46-1

§ 18a:46-1.

a. Notwithstanding the provisions of the “Individuals with Disabilities Education

Act,” 20 U.S.C. s.1400 et seq., chapter 46 of Title 18A of the New Jersey Statutes, regulations promulgated thereto,

and any other law, rule, or regulation to the contrary, a request for a due process

hearing made by a parent, guardian, or local educational agency regarding the identification,

evaluation, educational placement, or the provision of a free and appropriate public

education of a child with a disability during a COVID-19 school closure or a period

of virtual, remote, hybrid, or in-person instruction accruing between March 18, 2020

and September 1, 2021 may be filed at any time prior to September 1, 2023. b. A local educational agency shall, not later than December 31, 2022, or earlier

if requested by a parent or guardian, hold an Individualized Education Program (IEP)

team meeting to discuss the need for compensatory education and services for every

student with a disability who had an IEP at any time between March 18, 2020 and September

1, 2021. Notification of the IEP meeting shall indicate that a purpose of the meeting is

to discuss the need for compensatory education and services for the period from March

18, 2020 to September 1, 2021. Following the meeting, written notice shall be provided to a parent or guardian

in accordance with N.J.A.C.6A:14-1.1 et seq. and shall indicate all determinations made by the IEP team with respect to the need

for and, if applicable, the provision of, compensatory education and services. All compensatory education and services deemed appropriate by the IEP team, including

their frequency, duration, location, and agreed upon time period for delivery, shall

be documented in an IEP in accordance with the provisions of N.J.A.C.6A:14-1.1 et seq. and provided as indicated therein. A parent or guardian may file for a due process hearing at any time, up to and including

September 1, 2023, to challenge the determinations of the IEP team if the parent or

guardian disagrees with the determinations. c. If a local educational agency has held an IEP team meeting prior to the effective

date of this act 1 and discussed the need for compensatory education and services for a student with

a disability who had an IEP at any time between March 18, 2020 and September 1, 2021,

and documented the IEP team's determinations pursuant to subsection b. of this section,

the local educational agency shall not be required to hold an additional IEP meeting

for purposes of this section unless agreed to by a parent or guardian and the local

educational agency. A parent or guardian may file for a due process hearing at any time, up to and including

September 1, 2023, to challenge the determinations of the IEP team. d. If a parent or guardian filed for mediation or a due process hearing with respect

to the need for compensatory education and services for a student with a disability

who had an IEP at any time between March 18, 2020 and September 1, 2021, and the matter

was resolved as a result of the mediation or a settlement agreement executed by the

parties or a judicial or administrative order, then the parent or guardian shall be

barred from filing the same claims for the same time period addressed in the prior

filing. e. The provisions of this section shall not apply to any student subject to the provisions

of P.L.2021, c. 109 ( C.18A:46-6.3 ), and all claims for compensatory or additional services for the time period from

March 18, 2020 through September 1, 2021 for students subject to the provisions of P.L.2021, c. 109 ( C.18A:46-6.3 ) shall be addressed pursuant to the provisions of P.L.2021, c. 109 ( C.18A:46-6.3 ). 1

L.2022, c. 2, eff. March 3, 2022, retroactive to March 18, 2020.