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We keep you up to date on the latest developments in special education and disabilities rights at the local, state, and federal level.

Federal judge certifies IDEA class action against NJ Department of Education in suit filed by RCGZ attorney Reisman and others

RCGZ partner Catherine Merino Reisman is part of a core legal team to win class certification in an opinion dated August 19, 2022 from Senior United States District Judge Noel Hillman in an action against the New Jersey Department of Education. The class claims that NJDOE does not resolve disputes between parents of students with disabilities and public schools on a timely basis.

The now certified class action lawsuit alleges that NJDOE regularly does not meet a 45 day deadline set under the Individuals with Disabilities Education Act for conducting due process hearings over how children with disabilities are educated.  The court certified two classes, an “injunction class” and an “issues class.” The injunction class seeks a ruling that the NJDOE is in violation of IDEA and must submit a plan for remediating the backlog in special education hearings. The issues class seeks a declaration from the court as to the length of time NJDOE has been violating federal law and whether the Department misrepresented to parents that it was complying with the law. RCGZ is proud of Catherine’s leadership role in this important litigation. More information is available here.