Frequently Asked Questions
The following are questions that either we believe you are likely to ask or that have been asked about J.A. I.
What are the Due Process Rules that are allegedly being violated by the State and are in this case?
With the Second Amended Class Action Complaint, Plaintiffs assert that the State is systemically violating the following rules:
- Sufficiency Rule
- Stay Put Rule
- 10 Day Peremptory Hearing Date Rule
- 30 Day Resolution Period
- Access to Records
- Five-Day Exchange Rule
- Burden of Proof and Production
- 45 Day Rule (*OAL only)
- Adjournment Rule (*OAL only)
- Hearing Officer (ALJ) Qualifications
- Independence of the OAL from School Districts and NJDOE
- Enforcement of Settlements and Final Decisions
To learn more about these rules and how they fit in a due process case, go to our Due Process Guide.
How does the settlement in the C.P. Class Action affect this case?
The C.P. Class Action has several differences from this case. First, the Plaintiffs in that case sued only NJDOE and the Commissioner of Education. They did not sue New Jersey’s Office of Administrative Law (“OAL”), the employer of the ALJs and the agency who conducts due process hearings. Second, the C.P. Class Action only dealt with the 45 Day Rule and the Adjournment Rule. It did not address other rules in due process hearings that Plaintiffs in this case allege are also being systemically violated by the State. This is why those two rules are still in this case against the OAL only (see * above).
However, the two cases do work together. If you believe that the ALJ in your case has violated either the 45 Day Rule or the Adjournment Rule, you should visit the C.P. Class Action website and learn about your rights. If you believe the ALJ in your case has violated any other rule, you may contact us.
Are there other claims beyond IDEA violations?
Yes, the Amended Complaint also claims there are violations of the Americans with Disabilities Act (“ADA”), §504 of the Rehabilitation Act of 1973, §1983 of the Civil Rights Act, and generally violation of IDEA’s hearing rights.
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