45 Day Rule Class Action Inquiry

SchoolKidsLawyer has started a class action lawsuit against the New Jersey Department of Education (NJDOE) and the Office of Administrative Law (OAL) for systemic violation of the 45 Day Rule.  That Rule states that a state department of education “must ensure that not later than 45 days after the expiration of the 30 day [settlement] period . . . a final decision is reached in the hearing and a copy of the decision is mailed to each of the parties.”  34 C.F.R. 300.515(a).

To read an excerpt of the recent opinion of U.S. District Judge Noel Hillman in J.A., et al. v. New Jersey Department of Education, et al., Civil No. 1:18-cv-09580 and learn more about the class action, click on this link: classaction01. (PDF file)

If you meet the following criteria and want to see if you qualify to be in the class action, fill out the form below.

Criteria:

  • You live in and your child goes to school in New Jersey
  • Your child has a disability and an IEP
  • You filed a special education due process case against your child’s school district
  • The due process case wasn’t settled in the first 30 days after filing
  • Your case was sent to an Administrative Law Judge in the Office of Administrative Law
  • You did not receive a decision or settlement within 45 days after the “resolution period” (or mediation)
  • You didn’t request any delays (“adjournments”)

*Required Fields

City where your child goes to school
The date your Request for Due Process Hearing was sent to NJDOE.
The date when either a judge issued a decision or the case settled.
Feel free to tell us more about your case, for example if you settled for less than what you wanted (especially attorney's fees). You may provide some additional details here.

Thank you!