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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

Am I in the Class?

The Court certified two classes. One is open today; the other was a one-time group that is now closed.

Quick check: 3 questions

  1. 1. Did you file a special education due process petition under IDEA in New Jersey?
  2. 2. Was your case sent (transmitted) to the Office of Administrative Law for a due process hearing? (A mediation alone does not count, even if a judge ran it.)
  3. 3. Is your case still open at the Office of Administrative Law?

This guide is not a legal determination of class membership.

OPEN

23(b)(2) Class (the “B2 Class”)

Court's definition

“All persons who, pursuant to the IDEA, have filed or will file during the period of time that the Court retains jurisdiction, a due process petition with NJDOE, and whose cases are pending in the New Jersey Office of Administrative Law.”

In plain words: you're in this class if you filed a special education case under IDEA and your case is still open at the Office of Administrative Law.

  • Membership changes every day as new cases are filed and others are decided, settled, or dropped.
  • You cannot opt out. The relief, fixing the system, helps every member at once.
  • Mediation only? Then you are not in this class. The 45-day clock starts when a case is transmitted to the Office of Administrative Law for a due process hearing. Families whose cases were mediated by an Administrative Law Judge are not B2 class members unless those cases were not resolved at mediation and were transmitted later for a hearing.
  • How you're notified: when your case is transmitted for a hearing, your paperwork includes this boxed notice:
CLASS ACTION NOTICE: Due to the entry of a Consent Order and Amended Consent Order in a Class Action, a federal court has appointed a Special Master to oversee the timely resolution of special education due process hearings. If you believe that your due process petition is not being resolved in a timely manner, you can contact the Special Master at 45days@doe.nj.gov. You can contact Class Counsel at info@NJ45dayclassaction.com with questions or concerns regarding the Consent Order and Amended Consent Order which are explained here.
CLOSED

23(b)(3) Issues Class (the “B3 Class”)

Court's definition

“All persons who, pursuant to IDEA, filed due process petitions with NJDOE on or after May 23, 2016, who, after their due process petition was transmitted to the NJOAL, did not receive a decision within the timeline as defined in 34 C.F.R. § 300.515(a), (c) and the violation occurred prior to April 11, 2024, the date of approval of the Original Consent Order.”

In plain words, you were in this class if all of these were true: you filed an IDEA special education case on or after May 23, 2016; it was sent to the Office of Administrative Law; you did not get a decision within the 45-day deadline (counting any extension requests); and the late decision happened before April 11, 2024.

  • What it received: two extra years to file an individual claim in court over the delays. That window ran from April 11, 2024 to April 11, 2026 and is now closed. It did not include money or other relief.
  • Members were sent notice in 2024 with a chance to opt out. That deadline has passed.