Justice Delayed is Justice Denied
A class action lawsuit filed against the NJDOE asserting violations of the Individuals with Disabilities Education Act (IDEA) has been resolved.
Notice of Class Action Settlement
The class action lawsuit that had been filed against the New Jersey Department of Education (hereinafter “NJDOE”) because the NJDOE did not ensure that cases asserting violations of the Individuals with Disabilities Education Act (“IDEA”) were decided within 45 days from the end of the 30-day resolution required by the IDEA, has been resolved. Accordingly, anyone with a current due process petition concerning the IDEA filed with the New Jersey Office of Administrative Law and/or those filing in the future who do not receive a decision within the required 45-day timeline (after subtracting approved time extensions requested by a party), are entitled to relief. The relief afforded class members will include the appointment of a Compliance Monitor, strict protective compliance by the NJDOE, potential contempt proceedings/imposition of remediation plan and/or appointment of a Special Master, and, in appropriate cases, reimbursement of attorney fees and costs to those families impacted by the NJDOE’s failure to decide cases within the required 45 days. For more information concerning this historic settlement, please see the attached Notice of Class Action Settlement and/or schedule a free telephone consultation with one of our attorneys here at Davis & Mendelson.