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The Department of Education’s mission is to promote student achievement and preparation for global competitiveness 

by fostering educational excellence and ensuring equal access. 

UNITED STATES DEPARTMENT OF EDUCATION

OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES

OFFICE OF SPECIAL EDUCATION PROGRAMS

DIRECTOR

December 15, 2023 

By Email

Honorable Kathleen Ehling

Assistant Commissioner 

New Jersey Department of Education 

100 River View Plaza 

Trenton, NJ 08625

Email: Kathleen.ehling@doe.nj.gov

Dear Assistant Commissioner Ehling: 

On October 20, 2023, the U.S. Department of Education, Office of Special Education Programs (OSEP), issued 

a status letter to the New Jersey Department of Education (NJDOE) regarding monitoring OSEP conducted on 

May 6, 2019. Within that letter, OSEP indicated that it intended to follow up with the NJDOE on several 

additional concerns related to the NJDOE’s dispute resolution system, specifically its due process complaint 

and hearing procedures, as described below. This letter is to notify you that OSEP intends to conduct an onsite, 

targeted monitoring visit in March 2024 regarding the NJDOE’s due process complaint and hearing procedures. 

As indicated in OSEP’s October 20, 2023, status letter to NJDOE, OSEP’s targeted monitoring will address the 

following concerns:

• Evidence of implementation of the Memorandum of Agreement (MOA) for Professional Services 

between the NJDOE and the Office of Administrative Law (OAL); 

• Policies and procedures, including evidence of implementation, of 34 C.F.R. § 300.515(a) which 

addresses timelines for due process hearings; 

• Policies and procedures, including evidence of implementation, of the State’s oversight in addressing 

extensions under 34 C.F.R. § 300.515(c) with the OAL, and the publishing of extensions to the 45-day 

timeline on the State’s website as documented in the State’s procedures; 

• Policies and procedures, including evidence of implementation, of the State’s data collection process to 

ensure that it provides accurate data on all IDEA Part B Section 618 data collection requirements related 

to dispute resolution, as outlined in OSEP’s data documentation requirements; 

• Policies and procedures, including evidence of implementation, of 34 C.F.R. § 300.518 which addresses 

a child’s status during proceedings; and

• Policies and procedures, including evidence of implementation, of 34 C.F.R. § 300.532, which addresses 

appeals made as part of IDEA’s discipline procedures.

The NJDOE requested, and was granted an extension, to address Required Action 1.1 and 1.3 in the 

October 20, 2023 status letter until February 2, 2024. Therefore, OSEP may use this onsite monitoring visit to 

address any outstanding questions related to the NJDOE’s response to Required Actions 1.1 and 1.3. 
Page 2— Honorable Kathleen Ehling

In preparation, OSEP is requesting that the NJDOE submit the following information within 60 days of the date 

of this letter:

• Evidence of implementation of the MOA between the NJDOE and the OAL signed in 2021, including 

evidence of: 

o Financial expenditures to fulfill obligations outlined in the MOA; 

o Purchase and implementation of software to support compliance of timelines, processes and 

procedures; 

o Training and/or professional development for relevant staff (including administrative law judges, 

special education mediators, or other OAL staff); 

o Hiring/employment of special education law clerks or other personnel conducted as a result of 

the MOA; 

o Guidelines of special education due process hearings; 

o Policies, procedures, practices and evidence of implementation of data shared between OAL and 

the NJDOE related to the due process hearings conducted, resolved, and pending; and

o Information related to the frequency of meetings between the NJDOE and the OAL. 

• Documentation of any subsequent MOA between the NJDOE and the OAL that has been established 

since 2021, and evidence of its implementation; 

• Documentation describing the relationship between the NJDOE and the OAL, and evidence of 

implementation of such relationship; 

• Policies and procedures, including evidence of implementation, of 34 C.F.R. § 300.515(a) which 

addresses timelines for due process hearings; 

• Policies and procedures, including evidence of implementation, of the State’s oversight in addressing 

extensions under 34 C.F.R. § 300.515(c) with the OAL, and the publishing of extensions to the 45-

day timeline on the State’s website; 

• Policies and procedures, including evidence of implementation, of the State’s data collection process 

to ensure that it provides accurate data on all IDEA Part B Section 618 data collection requirements 

related to dispute resolution, as outlined in OSEP’s data documentation requirements; 

• Policies and procedures, including evidence of implementation, of 34 C.F.R. § 300.518 which 

addresses a child’s status during proceedings; and

• Policies and procedures, including evidence of implementation, of 34 C.F.R. § 300.532, which 

addresses appeals made as part of IDEA’s discipline procedures.
Page 3— Honorable Kathleen Ehling

We appreciate your prompt attention to these important issues and look forward to receiving the NJDOE’s 

written response. Please contact your OSEP State Lead Kim Hymes, at 202-245-6538 or 

kimberly.hymes@ed.gov, if you have any questions or concerns. 

Sincerely,

Valerie C. Williams

Director

Office of Special Education Programs

cc: Kimberly Murray, Director 

Office of Special Education

New Jersey Department of Education