NJ 45 Day Class Action Settlement
If you filed a special education due process case with the New Jersey Department of Education anytime since February 1, 2005 or intend to file one, your rights may be affected by this settlement. Read the information on this website very carefully.
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Aviso de Acuerdo de Demanda Colectiva (Espanol)
Press Release – Settlement is Approved
For Immediate Release Contact: Catherine Merino Reisman, Class Counsel
April 11, 2024 info@nj45dayclassaction.com
Class Action Settlement Addresses Longstanding Delays in New Jersey’s Special Education Dispute System
CAMDEN, New Jersey – Today, in C.P. v. New Jersey Department of Education, No. 1:19-cv-12807, United States District Judge Edward S. Kiel approved the settlement of a class action lawsuit filed against the New Jersey Department of Education (“NJDOE”) for violating provisions of the federal Individuals with Disabilities Education Act (“IDEA”) requiring timely decisions in cases involving disputes about special education services. The class includes more than 5,000 children with disabilities and their families.
IDEA regulations require state Administrative Law Judges to decide special education disputes within 45 days of receiving a case. This is known as the “45 Day Rule.” New Jersey has not complied with this requirement for years.
For families that currently have special education cases or will in the future, the settlement requires compliance with the 45 Day Rule. The settlement provides for appointment of a Compliance Monitor to help NJDOE meet its obligation. The Compliance Monitor will issue regular reports on NJDOE’s progress toward compliance and the federal court will retain jurisdiction until 95% of cases are being decided within 45 days.
The settlement gives families injured by past 45 Day Rule violations two years to pursue a legal claim against NJDOE.
The suit was filed in 2019 after the U.S. Department of Education determined that NJDOE could not even determine whether special education decisions complied with the 45 Day Rule. The U.S. Department of Education will be monitoring settlement implementation.
Elizabeth Perry and Marcia Podsiadlo, parents of children with disabilities who have gone through the New Jersey hearing process, testified at the settlement approval hearing. After the hearing, Ms. Podsialdo said, “Time is critical to the education of children with disabilities. Unnecessary delays in resolving disputes with the school district cause tremendous harm.” Ms. Perry commented, “The settlement gives hope to New Jersey families that their children will receive the help they need before it is too late.”
Lead class counsel Catherine Merino Reisman stated, “As the Court aptly noted at the outset of this case, time is precious and, once lost, cannot be recovered. This settlement will make a difference in the lives of thousands of children in the future who otherwise would suffer irreparable harm from delayed access to educational services.”
The Class is represented by Catherine Merino Reisman and Judith Gran of Reisman Carolla Gran & Zuba LLP; Gregory Little, Elizabeth Athos and Jessica Levin of Education Law Center; David Giles of the Law Office of David R. Giles; Denise Lanchantin Dwyer of the Law Office of Denise Lanchantin Dwyer LLC; Robert Thurston of Thurston Law Offices LLC; and Jeffrey Wasserman of Wasserman Legal LLC. Jennifer Rosen Valverde of Rutgers Education and Health Law Clinic represented several non-profit advocacy organizations that served as amici curiae (“friend of the court”) throughout the litigation.
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About This Case
In 2018, certain parents filed a lawsuit seeking to be a class action on behalf of any families in the State of New Jersey who did not get a decision within 45 days after their special education due process complaint was sent to a judge for a hearing. That case is known as the “J.A. Class Action” and is based on the 45 Day Rule within the Individuals with Disabilities Education Act (“IDEA”).
After the J.A. Class Action survived a motion to dismiss by the New Jersey Department of Education (“NJDOE”) and others, another group of parents filed a similar lawsuit based on alleged violations of the 45 Day Rule. The 45 Day Rule says that a Final Decision in a special education IDEA case must be made and issued within 45 days after it is sent to an Administrative Law Judge, not counting any reasonable adjournments requested by the parties. 34 C.F.R. 300.515. Plaintiffs alleged that on average cases were being decided in excess of 300 days and this had been happening for more than a decade. This case was filed as C.P., et al. v. N.J. Dept. of Education, et al., U.S. District Court for the District of New Jersey, Case No. 1:19-cv-12807 and is known as the “C.P. Class Action”. The case seeks to force NJDOE to comply with the 45 Day Rule.
More details about the case and how your rights may be affected are contained on our Frequently Asked Questions (FAQ) page.
Settlement Information
A settlement has been reached with NJDOE in the C.P. Class Action. NJDOE denies the allegations and contends that any delays were a result of the parties’ requests for adjournments. The Court did not rule in favor of either side. The parties agreed to the Settlement to avoid the expense and risks of the lawsuit.
The Settlement provides that NJDOE shall be in 95% compliance with the 45 Day Rule within 18 months of the final approval of the Settlement by the Court. NJDOE shall track cases and provide data to determine the progress in compliance. An independent monitor shall be appointed to review the data and ensure that NJDOE is meeting milestones. Class Counsel have been appointed to represent the interests of the Class and enforce the Settlement if necessary.
In addition, Class Members that have already had their case exceed the 45 days or allege that NJDOE violated the 45 Day Rule in their case shall receive an extra 2 years from the date of the final approval of the Settlement to file an individual lawsuit against NJDOE for the alleged violation. The Settlement does not make any determination as to whether such allegation is valid or that NJDOE violated the regulation in that individual’s case.
Who are the Class Members?
The Court certified two classes on August 19, 2022. The Court refers to them as the “B2” and “B3” classes.
B2 Class definition: All persons who, pursuant to the IDEA, filed or intend to file a Due Process Petition with NJDOE on or after February 1, 2005. The relief for this Class is to require NJDOE to be in compliance with the 45 Day Rule and the appointment of a special master by the Court to help develop a plan which will bring NJDOE into compliance. This relief is offered whether or not a Class Member has filed a due process case.
B3 Class definition: All persons who, pursuant to the IDEA, filed Due Process Petitions with NJDOE on or after May 23, 2016 and prior to final approval of the Settlement, who, after their Due Process Petition was transmitted to the OAL, did not receive a decision within 45 days thereafter, excluding the time associated with any specific adjournments made at the request of either party. These allegations specifically are intended to include those who settled or abandoned their claims prior to the expiration of the 45 day timeline. The relief for this Class is to extend the ‘statute of limitations’ (deadline to file) for an individual lawsuit against NJDOE for violation of the 45 Day Rule.
Notice to the Class
The parties are obligated to notify members who are potentially in the Class. Those who possibly fit within the definitions of Class Members above will be sent a notice either electronically or in the mail by NJDOE. It will direct you to this website or you can fill out the information manually. If you are a member of the Class, you need do nothing at all to remain in the Class. If you are not sure, you can contact Class Counsel. The Court preliminarily approved the settlement on December 18, 2023 and notice will go out by January 29, 2024. To read the Notice, click here. Aviso de Acuerdo de Demanda Colectiva (Espanol).
Key Dates and Deadlines
> December 18, 2023 – Hearing on Motion for Preliminary Approval of Consent Order and Settlement Agreement
> February 13, 2024 – Notice to be sent out to Class Members
> February 27, 2024 – Deadline to file an Objection to the Settlement
> February 27, 2024 – Deadline to Opt Out of the Settlement
> April 11, 2024 – Hearing on Motion for Final Approval of Consent Order and Settlement Agreement
> April 12, 2024 – Implementation and Monitoring Begins