An appeal is the 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 contact the person, district or agency directly. 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 came be found in DDD’s Supports Program Policies & Procedures Manual & the Community Care Waiver (CCW) Policies and Procedures Manual.
- Redetermination of Eligibility (page 20)
- Eligibility Appeal Rights (page 20)
- 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 19-20)
- A request for reassessment 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 DDD.DDPIReassessmentRequest@dhs.state.nj.us.
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- (page28)
- 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 which often result from ineffective IEP meetings.
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.
The information provided in this guide helps explain the laws affecting the rights of students in school discipline cases and how to appeal them in New Jersey, but should not be taken as legal advice. If you have concerns about a student's discipline from the school you seek appropriate legal advice from a licensed attorney.
Social Security Administration
Social Security offers many options to conduct business with them online including, filing for benefits, requesting a copy of your social security card and filing an appeal. You can also upload any necessary documents through its online portal.