Frequently Asked Questions

C.P., et al. v. New Jersey Department of Education, et al., Case No. 1:19-cv-12807-ESK-MJS (the "C.P. Class Action") was filed May 22, 2019. Ten families sued NJDOE for violating the "45 Day Rule" over a period of more than 14 years and asked the Court to stop the violations. Under the Individuals with Disabilities Education Act (IDEA), when the family of a child with a disability requests a special education due process hearing, a final decision must be issued within 45 days of when the case is transmitted to the Office of Administrative Law (34 C.F.R. 300.515). The only exception is when a party requests a brief adjournment. The lawsuit alleged that judges were systematically missing this deadline, usually by many months or more than a year, and sought an injunction requiring NJDOE to comply.

NJDOE denies any wrongdoing and believes it has valid defenses. The Court has not decided that NJDOE did anything wrong, and the settlement does not mean it broke the law. Both sides believe the settlement is fair, adequate, reasonable, and in the Class Members' best interests. The case is pending in the U.S. District Court for the District of New Jersey (Camden). The Defendants are NJDOE and the New Jersey Commissioner of Education.

In a class action, one or more people called Class Representatives (here, the 10 named Plaintiff families and their children) sue on behalf of many others with similar claims, called the Class. One court resolves the issues for all Class Members, except anyone who excludes themselves. Violations of the 45 Day Rule were believed to have occurred in thousands of cases, so the case was filed on behalf of all New Jersey families and children with disabilities harmed by those violations.

Both sides agreed to settle to avoid the cost and risk of further litigation and trial, where either side could lose. The settlement does not mean any law was broken; NJDOE denies the claims. The Class Representatives and their lawyers believe the settlement is best for all Class Members.

NJDOE committed to deciding cases within 45 days on a compliance schedule, with 95% compliance required after 18 months. A Court-appointed monitor tracks data on all due process cases filed with NJDOE; Class Counsel also have access to that data and can enforce the settlement in Court. (In 2026 the Court replaced the monitor with a Special Master. See the Updates page.)

The 10 families who brought the suit receive $5,000 each for their work in discovery and trial preparation; there are no other financial awards. Class members harmed by a violation before the settlement was approved (the B3 Class) received an extra two years to bring an individual suit against NJDOE (an extension of the statute of limitations). The settlement does not decide whether anyone is entitled to compensatory education, money, or attorney's fees in such suits.

The Court authorized notice because Class Members had a right to know about the settlement and their options before the Court decided whether to give final approval. The notice explained the lawsuit, the settlement, and Class Members' legal rights.

The Court held a Fairness Hearing on April 11, 2024, at 10:00 a.m. Eastern, in Courtroom 3D of the U.S. District Court, 400 Cooper Street, Camden, NJ 08102. After hearing witnesses and evidence, the Court found the settlement fair, reasonable, and adequate and issued its opinion on the record.

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Two classes were certified. B2 Class: all persons who, under IDEA, have filed or will file (while the Court retains jurisdiction) a due process petition with NJDOE and whose cases are pending in the Office of Administrative Law. This does not include people who filed only for mediation and whose case was never transmitted for a due process hearing, even if an Administrative Law Judge conducted the mediation. 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.

B3 Class: all persons who, under IDEA, filed due process petitions with NJDOE on or after May 23, 2016, whose petitions were transmitted to the Office of Administrative Law and did not receive a decision within the timeline in 34 C.F.R. § 300.515(a),(c), where the violation occurred before April 11, 2024.

See Am I in the Class?

You are a member of the Class if: you filed an IDEA special education due process petition on or after May 23, 2016; the case did not settle within the first 30 days and was transmitted to the Office of Administrative Law; and a final decision was not issued within 45 days after the case was sent to the Office of Administrative Law, excluding time for specific adjournments requested by a party (you or the school district). You are a member whether or not you have an open case right now. Still not sure? Email info@nj45dayclassaction.com.

The Named Plaintiffs are the 10 families named in the federal complaint: C.P. on behalf of F.P.; D.O. on behalf of M.O.; S.B.C. on behalf of C.C.; A.S. on behalf of A.A.S.; M.S. on behalf of H.S.; Y.H.S. on behalf of C.H.S.; E.M. on behalf of C.M.; M.M. on behalf of K.M.; L.G. on behalf of T.M.; and E.P. on behalf of Ea.P., and on behalf of all others similarly situated, v. New Jersey Department of Education and Angelica Allen-McMillan, Acting Commissioner of Education, in her official capacity.

"All others similarly situated" means the two Classes. If you received notice of this case, you are in one or both Classes, but you are not a Named Plaintiff unless you are one of these families.

The Named Plaintiffs volunteered to do significant work as Class Representatives: answering written discovery, preparing for and attending depositions, and preparing for trial, because the case did not settle until the eve of trial. The payment is not compensation for the delays in their own due process cases. It recognizes the work they did on this lawsuit.

You may benefit in two ways. First, if you have an open due process case, or file one while the Court retains jurisdiction, you benefit from the State's agreement to resolve cases within the 45 Day Rule and from the work of NJDOE, the Court's appointee, and Class Counsel to correct systemic violations.

Second, if you filed a due process request after May 23, 2016, your case was transmitted to the Office of Administrative Law, and you did not receive a decision within 45 days before the settlement was approved, you had an extra two years to bring an individual suit against NJDOE.

The settlement does not change the right of anyone harmed by a future violation to bring an individual action within two years of the violation.

This was never a damages class action, and it never sought damages or compensatory education for individual students. Its focus was fixing a broken system going forward. If NJDOE does not comply, it risks being held in contempt and even greater federal court oversight.

For individual families, the case sought extra time to bring their own claims. All B3 Class members received two years from the date the settlement was approved — to April 11, 2026 — to file a claim against NJDOE for losses caused by violations of the 45 Day Rule. The settlement does not waive anyone's individual claims.

Your settlement with your school district should not affect your right to sue NJDOE for 45 Day Rule violations. The class action did not seek and does not provide individual damages or compensatory education. Whether you have an individual claim worth pursuing depends on the circumstances of your case, so consult an attorney. The attorney who handled your special education matter may be a good choice because they know your facts.

Attorney directories (not endorsements): Yellow Pages for Kids NJ (opens in new tab); COPAA directory (opens in new tab) (click "I have read the disclaimer and wish to proceed to search," then search New Jersey). Guidelines for choosing an attorney (opens in new tab). Personal recommendations can also help.

No. If you received notice, you are a member of the 23(b)(2) class (people with due process cases now), the 23(b)(3) class (people who had due process cases in the past), or both.

No. The benefits are automatic, and you are not waiving any right to bring a lawsuit against NJDOE.

B3 Class members could opt out before February 27, 2024. B2 Class members (those with current cases) cannot opt out, because the relief brings NJDOE into compliance for every member of the Class.

Objections had to be made before February 27, 2024.

Objecting means telling the Court you disagree with something about the settlement. You can object only if you stay in the Class, and if you stay you are bound by the Court's orders and judgments. Excluding yourself ("opting out") means telling the Court you don't want to be part of the Class, so you have no basis to object. You cannot do both; if someone tries, the Court treats it as an opt-out.

You still receive the benefits of the settlement. You cannot exclude yourself or opt out.

Yes. Class Counsel are the six law firms the Court appointed to represent the Class, finding that they have experience in special education disputes, class actions, or both: Education Law Center; Reisman Gran Zuba LLP; Law Office of David R. Giles; Law Office of Denise Lanchantin Dwyer LLC; Thurston Law Offices LLC; and Wasserman Little LLC.

A Steering Committee makes decisions by majority vote, and Class Counsel must always act in the Class's best interests. You will not be charged for these lawyers. You may hire your own lawyer to appear in Court for you at your own expense.

By NJDOE. IDEA is a fee-shifting law, which means the prevailing parties' fees and costs are paid by the other side. NJDOE agreed to pay costs and fees through final approval of the settlement, and to pay the Class's costs and fees for implementation going forward after review for reasonableness.

More details are in the settlement agreement and other filings on the Court Documents page, or you can contact Class Counsel through the Ask a Question page.

PLEASE DO NOT TELEPHONE THE DEFENDANT, THE COURT, OR THE COURT CLERK'S OFFICE TO ASK ABOUT THIS SETTLEMENT OR YOUR RIGHTS.