Nov 17, 2021

Superior Court Denies Parent's Request for Hearing on Access to Special Education Records

New Jersey’s Appellate Division determined that neither federal nor state law provides a right to a "due process" hearing when the dispute only concerns a parent's right of access to their child's educational records.

The school district, represented by Schenck Price's Kate Gilfillan, filed a motion for summary decision arguing that neither federal nor state regulations permitted a due process petition to be filed when the only relief sought is a student’s records.  The administrative law judge dismissed the petition and the trial judge affirmed crediting the school district’s argument that the parent had not sought appropriate relief directly from the Commissioner of Education as provided by regulation. The mother appealed arguing that students with disabilities enjoyed greater rights than their general education counterparts. Ultimately, the Appellate Division denied the mother's appeal.

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