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NJ 45 Day Class ActionC.P., et al. v. New Jersey Dept. of Education, et al. · D.N.J. Case No. 1:19-cv-12807-ESK-MJS

Is your special education due process case taking longer than 45 days?

Under federal law, once a New Jersey special education due process case is sent to the Office of Administrative Law (OAL), a final decision is due within 45 calendar days, unless a party asks for more time and the judge agrees. This class action, C.P. v. New Jersey Department of Education, is about making the State meet that deadline. A Court-appointed Special Master is now overseeing the system.

Am I in the class?Report a delay

Get help with your case

Your case is running late

If you believe your due process petition is not being resolved on time, email the Special Master at 45days@doe.nj.gov and Class Counsel at info@nj45dayclassaction.com.

You need to adjourn a hearing

If your case has been sent to the Office of Administrative Law and you need to adjourn the hearing, use this form.

Adjournment Request FormPDF

Latest updates

October 14, 2026

Special Master's Initial Report

The Special Master, the Honorable Jaynee LaVecchia, issued her Initial Report on the State's compliance with the 45-Day Rule. It identifies parts of the system that appear to stand in the way of timely decisions and lays out next steps toward a Compliance Plan.

Read more → about Special Master's Initial Report

September 25, 2026

Pro Se Litigation Guides Published

NJDOE prepared a short Pro Se Litigation Guide, which links to a longer guide produced by Class Counsel. Both are for parents representing themselves in New Jersey special education due process hearings.

Read more → about Pro Se Litigation Guides Published

July 10, 2026

Special Master Order on Counting the 45 Days

After a hearing on July 2, 2026, the Special Master entered an Order to guide a Compliance Plan aimed at 95% compliance with federal deadlines. Both parties agreed that time added because of a judge's availability should never be treated as a party's request for adjournment.

Read more → about Special Master Order on Counting the 45 Days
See all updates

Where the case stands

  1. May 22, 2019

    Ten families file the class action.

  2. April 11, 2024

    Court approves the Consent Order and Settlement; a Compliance Monitor is appointed.

  3. October 20, 2025

    Class Counsel notify NJDOE that it is not complying (only 15% of decisions after full hearings were on time).

  4. May 5, 2026

    Court amends the Consent Order and appoints a Special Master with power to enforce a Compliance Plan.

  5. July 10, 2026

    Special Master issues rules for counting the 45 days.

  6. September 25, 2026

    Pro se litigation guides published.

  7. October 14, 2026

    Special Master issues her Initial Report.

Who represents the class

Class Counsel represent the class as a whole, not individual families. Contact: info@nj45dayclassaction.com