Case Updates

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

Under Paragraph 39(b) of the Amended Consent Order, NJDOE prepared a short Pro Se Litigation Guide, which links to a longer guide produced by Class Counsel for parents representing themselves in New Jersey special education due process hearings. Class Counsel thank Rebecca Spar, Esquire, for her extensive pro bono work on the longer guide.

At the parties' request, the Court extended the deadline to produce the Pro Se Litigation Guide to September 25, 2026.

At the parties' request, the Court extended the deadline to produce the Pro Se Litigation Guide to September 18, 2026.

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. At the hearing, both parties agreed that time added because of a judge's availability should never be treated as a party's request for adjournment (transcript pp. 18–20). The Order's principles, which may be refined over time:

The Special Master set a July 1, 2026 conference and asked counsel to address: (1) whether a party's inability to accept the first hearing date offered is a party-generated adjournment; (2) whether agreeing to a later, non-consecutive second hearing date affects the Final Decision Date; (3) whether a request for time to obtain a transcript affects it, and whether an estimated completion date may be used; (4) whether a request to file post-hearing briefs affects it; and (5) whether each requires a specific, documented party request, or whether the event alone justifies an extension.

The Court amended the Consent Order and Settlement Agreement and appointed a Special Master. Unlike the Compliance Monitor, who could only advise, the Special Master will write a Compliance Plan listing what the State must do, and by when, to reach 95% on-time decisions. The Judge will sign it as a Court Order.

Class Counsel formally notified NJDOE that it was not complying with the April 11, 2024 Consent Order, under Paragraph 35, which allows the Class to seek relief including a finding of contempt. Violations identified:

The Court approved the Consent Order and Settlement Agreement and appointed a Compliance Monitor to track NJDOE's progress and recommend improvements. The Monitor could advise but could not require the State to act.