A U.S. District Court judge has approved a settlement in a class action lawsuit between the New Jersey Department of Education and 5,000 families of New Jersey students receiving special education services. The Individuals with Disabilities Education Act (IDEA) states that a due process hearing may be requested in case of disputes regarding special education services, with decisions rendered within a 45 day-timeline. However, according to a 2019 letter issued by the US Dept of Education, less than 5% of the 1300 due process complaints filed for the 2016-2017 school year were resolved in a timely manner.
This agreement marks a critical step towards addressing the long-standing issue of delays within the special education due process complaint system.
