SCHOOLKIDSLAWYER SUING N.J. DEPT OF EDUCATION FOR REPEATEDLY VIOLATING SPECIAL EDUCATION LAWS
Our office filed suit in the U.S. District Court for the District of New Jersey
in a case captioned D.M. v. Commercial Twp. Bd. of Ed., et al.,
Civil Action No. 1:14-cv-999, in which plaintiffs allege that the NJDOE is
consistently violating the Individuals with Disabilities Education Act ("IDEA")
and the civil rights of children with disabilities.
The suit alleges that the child student who has Autism was physically
abused by an aide in his special education classroom. When the child turned to the NJDOE
to remedy the problem, they ignored the case and violated his civil rights. Part of the
problem is that NJDOE's system for resolving special education disputes regularly
misses the deadline and is therefore flawed. Federal and New Jersey law require
that all special education disputes be decided within 75 days from when the
dispute is filed. In the case filed, NJDOE didn't even send the case to
mediation for 84 days and a written decision has yet to be issued.
In a related case, A.S. v. Harrison Twp. Bd. of Ed.,
Civil No. 1:14-cv-00147, Plaintiffs allege that the NJDOE took 347 days to
render a decision on the special education case.
A copy of the Complaint can be downloaded by clicking here.
Contact us for more information.