A Qualitative Case Law Analysis Of New Jersey Public School Special Education Due Process Hearings and Rulings from 2010-2020

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This study examined parents' motivations for filing for due process and the determining factors New Jersey Administrative Law Judges (ALJs) in the New Jersey Third Circuit court consider when they chair special education due process hearings regarding student placements. The researcher conducted a qualitative historical content analysis involving parents who unilaterally placed their children in more restrictive environment placements when compared to those proposed by the district. The use of frequency research, content analysis, and grounded theory allowed the researcher to identify and explore factors that ALJs consider when they rule on these placements. The researcher applied a case analysis format to a sample of 27 cases each from the New Jersey Third Circuit court then compared and contrasted the factors, represented by coded themes, that ALJs consider when deliberating over these due process hearings. Furthermore, this study evaluated the determining factors for choosing due process as the avenue for achieving FAPE, patterns within the hearing ruling related to demographics, and recommendations for practitioners and researchers of IDEA and the New Jersey Administrative Code.

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  • 01/13/2022
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