To a civil-rights defense attorney confronted with a claim based on the education of a disabled public school student, the plaintiff’s duty to exhaust administrative remedies figures prominently in the early determination whether to file an answer or move to dismiss. Although at first blush the applicability or inapplicability of this defense may appear obvious—did they or did they not file and prosecute an administrative petition for due process?—when the plaintiff asserts claims under civil-rights statutes other than the Individuals with Disabilities in Education Act (IDEA), the analysis requires a more thorough assessment of the causes of action asserted and the relief sought.
In furtherance of clear congressional intent to protect the rights of children with special needs, the IDEA guarantees the right to an administrative due-process hearing, as well as the right to appeal the administrative decision by bringing a civil action in state or federal court. In New Jersey, the Department of Education, Office of Special Education Programs (OSEP), is responsible for processing due-process petitions, while the Office of Administrative Law (OAL) conducts the hearing and issues a final decision.
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