A recent court settlement is expected to improve how disputes and disagreements between New Jersey schools and families of students receiving special education services are managed.
The case involves three New Jersey families of students with disabilities who brought a lawsuit against the New Jersey Department of Education (NJDOE) and the New Jersey Office of Administrative Law (OAL). They alleged ongoing and systemic violations of the Individuals with Disabilities Education Act’s (IDEA’s) procedural safeguards in special education due process hearings. (NJDOE and OAL share responsibility for those violations.)
Among the issues in the complaint: the length of time it takes for OAL to make a final decision in a special education dispute. Rules require that a final decision be made within 45 days, not counting specific extensions requested by a party and approved by an Administrative Law Judge (ALJ). In New Jersey, decisions routinely take nearly a year. In addition to this and other areas, the families argued that critical safeguards, including the “Stay Put Rule” are routinely ignored by judges. The “Stay Put Rule” requires that a student with disabilities remain in their current program until such time as a final decision is rendered.
In August, a U.S. District Judge approved the settlement and entered a Consent Order, a legally binding agreement between parties that resolves a legal dispute and is approved by the court, giving it the force of a judicial order. The settlement requires the NJDOE to bring its special education dispute resolution system into compliance with federal law and numerous regulations. Key elements of the settlement and Consent Order are that the ‘Stay Put’ rule must be honored like an injunction, ALJs must adhere closely to the rules that protect the rights of parents and their children with a disability, all mediators and ALJs must receive proper training and education on these federal laws and regulations before handling such cases, and OAL must collaborate and cooperate with the terms of a 2024 class action Consent Order in C.P. v. NJDOE mandating the completion of special education hearings within 45 days, as required by federal law.
The Consent Order also requires that a Compliance Monitor be appointed and serve for a 12-month period to oversee and report on alleged violations of the agreement during that time frame. All families filing requests for due process hearings will be referred to the settlement website where they can access a form (also available on the NJDOE and OAL websites) to report violations of settlement terms by ALJs in their own cases. More information on the terms of the settlement and how to file an allegation of a violation can be found here: https://njspecialedsettlement.info.
The job of the Monitor will be to notify families of their options when violations occur and to keep track of, and report on, data on violations. Whenever the Monitor receives five or more of the same type of violation within a 60-day period, the Monitor will refer those violations to NJDOE to make an independent determination whether the violation occurred and what, if any, corrective action is needed.
The settlement and Consent Order will terminate at the end of the 12-month implementation period unless one or more of the three plaintiff families applies for an extension and the court is satisfied that violations have increased to at least five substantiated violations in any 30-day period.
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