NJ Special Education Settlement
Filing a special education due process case can be daunting. If you have previously filed a case with the New Jersey Department of Education anytime since January 1, 2024 or will file one in the future, your rights may be affected by this settlement. Read the information on this website very carefully.
SETTLEMENT AND CONSENT ORDER – WHAT DOES IT MEAN FOR YOU?
We have set up pages on this website to explain every provision of the Settlement Agreement and Consent Order and how each affects your rights. It is very important you read this and understand these changes to special education due process cases. If you believe a violation has occurred, these pages will also explain how to file a Complaint / Allegation of Violation.
GO TO THE SETTLEMENT AND CONSENT ORDER DETAILS PAGE
UPDATE – CASE SETTLED AND APPROVED BY THE COURT
On August 8, 2025, the parties settled and filed a joint motion for the Court to approve the settlement and enter a Consent Order for compliance. U.S. District Judge Edward Kiel entered an Order on August 14, 2025 approving the Settlement Agreement and Consent Order. You can read more on the Court Documents part of this site.
We are in the process of updating the site with more details about the settlement and what it means to New Jersey families with a child with a disability and their legal rights.
In the meantime, you can read our Press Release.
About This Case
In 2018, certain parents filed a lawsuit seeking to be a class action on behalf of any families in the State of New Jersey who did not get a decision within 45 days after their special education due process complaint was sent to a judge for a hearing, the “45 Day Rule”. This case, known as J.A., et al. v. New Jersey Department of Education, et al., U.S.D.C. D.N.J. Civil No. 1:18-cv-09580 (“J.A. I“), is based on New Jersey’s systemic violation of the 45 Day Rule within the Individuals with Disabilities Education Act (“IDEA”). The 45 Day Rule says that a Final Decision in a special education IDEA case must be made and issued within 45 days after it is sent to an Administrative Law Judge, not counting any reasonable adjournments requested by the parties. 34 C.F.R. 300.515.
After this case survived a motion to dismiss by defendants New Jersey Department of Education (“NJDOE”) and the New Jersey Office of Administrative Law (“OAL”) and others, another group of parents filed a similar lawsuit based on alleged violations of the 45 Day Rule. Plaintiffs alleged that on average cases were being decided in excess of 300 days and this had been happening for more than a decade. This case was filed as C.P., et al. v. N.J. Dept. of Education, et al., U.S.D.C. D.N.J. Civil No. 1:19-cv-12807 (the “C.P. Class Action”.) The C.P. Class Action has settled and more information about that case, the settlement, and how it affects your rights can be viewed at its dedicated website https://nj45dayclassaction.com/.
If you believe the ALJ has violated either the Adjournment Rule or the 45 Day Rule in your case, please send your information to the Court Appointed Monitor at this email address: 45days@doe.nj.gov.
In the meantime, J.A. I continued and the complaint was amended to add several issues regarding how the State was systemically violating other rules known as “Procedural Safeguards” in special education due process cases. You can download the current Amended Complaint here. Essentially, this case seeks to stop the State from violating most of the other critical rules on how due process cases are supposed to proceed. To understand these rules, you can read our Due Process Guide.
If you believe the ALJ is violating any of the other Due Process Rules in your case, contact us.