Both this J.A. case and the C.P. Class Action addressed the problems with the State of New Jersey’s failure to comply with the 45 Day Rule and the Adjournment Rule. The settlement and consent order entered in the C.P. Class Action resolved these issues with respect to NJDOE, but not the OAL or the ALJs who presided over special education due process cases. The J.A. case mandate cooperation by the OAL and ALJs with NJDOE to bring it into compliance.
Relief #20 – Paragraph 23
“OAL will collaborate and cooperate with NJDOE and the Compliance Monitor approved by the Court in the C.P. Class Action to meet the compliance standards of that Consent Order.”
What does this mean?
The OAL and the ALJs that handle special education due process cases must work together with NJDOE and the C.P. Class Action Compliance Monitor to meet the compliance standards set in that case. For more information on the settlement in the C.P. Class Action and how compliance is to be met, visit the website set up for that settlement: https://nj45dayclassaction.com/
This includes using the Court-approved Adjournment Request Form: