These are documents that have been filed with the Court and that frame your rights. The documents are in Adobe Acrobat [PDF] format. You can download and read these documents from here or read them online. These documents are here by Order of the Court [click on the title of the document linked].
Second Amended Complaint (ECF #78)
On May 22, 2019, Plaintiffs filed the original complaint in this case. After several changes were made, the Second Amended Complaint (ECF #78) was filed on February 27, 2020 and alleges that at least since 2005 the New Jersey Department of Education was violating the 45 Day Rule and sought to force the State of New Jersey to comply with that federal regulation.
Opinion by the Court denying NJDOE’s motion to dismiss (ECF #98)
NJDOE sought to dismiss the complaint in this case, but the Court denied that attempt. After analyzing why it would not dismiss the complaint, the Court wrote:
“The Court issues this Opinion in the midst of a worldwide pandemic. Much of New Jersey lies in or near one of our nation’s epicenters of this plague. Our Governor has issued stay-at-home orders and closed the public schools. Parents are struggling to balance the demands of work at home and the education of their children. School administrators and teachers, dedicated to their students and their calling, strive mightily on a daily basis to deliver meaningful content outside their familiar classrooms so that students may continue to progress or at least not regress. We are reminded of how precious time is, and how, once lost, it can never be recovered.
And so philosophers, mental health professionals, pundits and politicians alike, all of various stripes, have asked us in this crisis to reflect on what our priorities as individuals, families, and as a society as a whole ought to be. There should be no controversy in this case or otherwise that the education of a child – indeed all children – should be at the top of that list.
That is not just the opinion of this Court; it is the will of Congress as reflected in the statutes and federal regulations upon which Plaintiffs base their claims. As set forth above, these Plaintiffs have made out plausible claims that the system for the adjudication of IDEA disputes by the administrative state in New Jersey is profoundly broken and routinely violates the federal laws designed to insure that our most vulnerable children remain the priority we all should agree they are, not only in these times, but at all times.”
Opinion by the Court Certifying the Class (ECF #384)
The Court certified the Class on August 19, 2022. It defined the Class as:
All persons who, pursuant to the IDEA, filed Due Process Petitions with NJDOE on or after February 1, 2005, 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.
Opinion by the Court denying summary judgment (ECF #391)
Although the Court denied Plaintiffs’ motion for summary judgment, the Court provided some guidance on how the case would be tried and the likely outcome.
Proposed Consent Order and Settlement Agreement (ECF #546-2)
This PDF file is the signed and filed settlement agreement between the parties. The next step in the process is to seek approval of the Court.
Notice to the Class (English)
Aviso de Acuerdo de Demanda Colectiva (Espanol)
This is the Notice to Class Members which has important information about this case, the definitions of the Class, the benefits to the Class, and the options to Class Members. Please read it carefully.
Proposed Class Action Plan (ECF #512)
Substitute Class Counsel filed a motion with the Court proposing an action plan for submitting the Consent Order and Settlement Agreement to the Court for approval and establishing notice to Class Members and setting up this website as part of the notice. If you have questions about this, download this document and read the Frequently Asked Questions page.
Order on Class Action Plan (ECF #530)
On October 27, 2023, the Court approved Substitute Class Counsel and the plan to move towards final approval of the settlement.
Motion for Preliminary Approval (ECF #546)
Below is a PDF file for each piece of the motion papers.
| Court Docket Number | Title of Document and Link |
| 546 | Notice of Motion |
| 546-1 | Brief in Support |
| 546-2 | Certification of Class Counsel and Exhibits |
| 546-3 | Declaration of Counsel for Amici |
| 546-4 | Proposed Order |
Order Granting Preliminary Approval of Settlement (ECF #549)
Order Modifying Schedule (ECF #555)
Order Amending Schedule (ECF #559)
On December 18, 2023, the Court granted preliminary approval of the Settlement in this Class Action. The Order triggers a number of key dates. Because the State of New Jersey missed some of the deadlines, through a Consent Order the Court modified the schedule of the key dates as follows:
- January 15, 2024 – Notice and Settlement posted to this website
- February 13, 2024 – Notice is mailed and/or emailed to Class Members
- February 27, 2024 – Deadline to Opt Out of 23(b)(3) Class
- February 27, 2024 – Deadline to Object to the Settlement
- March 11, 2024 – Motion for Final Approval of Settlement to be filed
- March 25, 2024 – Deadline to file opposition to Motion for Final Approval
- April 3, 2024 – Reply (if any) to opposition to Motion for Final Approval
- April 11, 2024 – Settlement Fairness Hearing; 11:00 a.m. at U.S. District Court, Camden, New Jersey
Order Approving Settlement (ECF #569)
Order Approving Compliance Monitor (ECF #570)