An appeal is a process where a person requests a formal change to an official decision. The person making the request must officially do so in writing, usually within a certain time frame. In most cases, submitting additional or new supporting documentation when requesting an appeal is required.
The following is a brief outline of the appeals process. When faced with an unfavorable decision, the first step is to directly contact the person, district, or agency. If you're not satisfied with the result after going through a review process or re-evaluation, you may submit a complaint, request a reconsideration or a mediation. If that doesn't resolve the problem, you can file an appeal or due process.
The New Jersey Division of Developmental Disabilities – Below is a list of appeals procedures that can be found in the Supports Program Policies & Procedures Manual & Community Care Program Policies & Procedures Manual.
- Redetermination of Eligibility (page 22)
- Eligibility Appeal Rights (page 22)
- Division Circular #3, Determination of Eligibility” (N.J.A.C. 10:46-5.1)
- Division Circular #37, “Appeals Procedure” (N.J.A.C. 10:48 et seq.)
- Requesting NJ CAT Reassessment (page 21-22)
- A reassessment request will only be considered for individuals who have an assigned Support Coordinator and a completed Person-Centered Planning Tool (PCPT) and Individualized Service Plan (ISP). To request a reassessment, submit the Request for NJ CAT Reassessment form and email it to firstname.lastname@example.org.
New Jersey Children’s System of Care, PerformCare
You can find the appeals process in PerformCare’s Youth and Family Guide.
- Complaints- (page 27)
- Reconsiderations- (page 28)
- Appeals- (pages 28-30)
New Jersey Division of Vocational Rehabilitation Services (DVRS)
Case Services Policy Manual, Chapter 1: Administration, section 1.11, Appeal Process and Procedures
Individual Education Plan (IEP)
Parental Rights in Special Education (PRISE) Mediation and Due Process procedure on pages 15-22. Available in:
- Mediation/Due Process- (pages 30-32)
- Emergent Relief- (pages 33-34)
- Complaint form- (pages 35-37)
- Enforcement- (pages 38-39)
Special Education Requests for Due Process and Mediation Are Now Accepted Electronically. Read more HERE.
Parents and districts have access to a new program offered by the Department called facilitated IEP. It has two main purposes, as follows:
- To promote student-centered IEP meetings that are conducted in a respectful and collaborative manner. and
- To maximize district-level capacity to develop student-centered IEPs and minimize state-level procedural protections and interventions resulting from ineffective IEP meetings.
How to File a Complaint with the Office for Civil Rights (OCR)
This YouTube video explains how students and their families can file complaints with the Office for Civil Rights (OCR) at the U.S. Department of Education. The OCR addresses complaints of discrimination based on race, color, national origin (Civil Rights Act of 1964), age (Age Discrimination Act of 1975), sex (Title IX of the Education Amendments of 1972), and disability (Section 504 of the Rehabilitation Act of 1973 and Title II of the ADA). Note that the OCR does not address special education issues under the Individuals with Disabilities Education Act (IDEA).
Student Discipline Rights and Procedures: A Guide for Advocates
Published by the Education Law Center, this manual is designed to help parents and advocates represent students in discipline cases.
The manual is divided into two parts:
- Part I discusses laws and procedures that apply to all students involved in a discipline case.
- Part II discusses additional laws and procedures that apply to students with disabilities who are, or may be, eligible for special education.