by Common Ground | Jun 12, 2024 | Capitols
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...
by Common Ground | Aug 24, 2023 | Special Ed Basics
By James F. Gallagher, Esq., and S. Paul Prior, Esq. Disagreements and disputes in special education are inevitable. In fact, mechanisms to resolve disagreements and disputes are part of state and federal special education law. Most of the time these disputes and...
by Common Ground | Apr 20, 2023 | Courts, Parents, Professionals, Teachers
The U.S. Supreme Court in March ruled unanimously that a deaf student may pursue his lawsuit for monetary damages against a Michigan school district that allegedly failed for years to provide him with adequate sign language assistance. The court held that a procedural...
by Common Ground | Aug 12, 2019 | Capitols
Last spring, leaders in Washington, DC gave New Jersey just three months to change the state’s judicial system for resolving special education disputes. The US Department of Education has found that NJ’s current process involving the Office of Administrative Law (OAL)...
by Common Ground | Apr 24, 2018 | Snapshot
State and federal laws require that all special education due process matters be completed within 45 days, unless the matter is considered “emergent” or “expedited” in which case the matter is to be resolved within 10 days. But advocates for children with disabilities...
by Common Ground | Mar 30, 2018 | Courts
Parents and school districts are waiting an average of 10 months to obtain a legal decision in non-emergency special education matters, this is in spite of state and federal laws requiring such decisions be made within 45 days. The findings are part of a report issued...
by Common Ground | Jul 29, 2016 | Capitols
As of July 1, 2016, the Office of Special Education Programs (OSEP) is accepting requests for mediation and due process through an OSEP email. They will also continue to accept requests for mediation and due process via fax and traditional mail. To file by fax: (609)...
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