September 7, 2022

Judge Hillman, NJ USDJ, issued a decision certifying two groups of parents of students with disabilities in the class action lawsuit CP et al v. NJ DOE. The case concerns the state's pattern and practice of failing to hear and decide special education administrative disputes within 45 days, as required by federal law, and alleges that this practice dates back to 2005. In some cases, parents have had to wait upwards of 300 days for a decision, with one family waiting over 790 days. 

The Education and Health Law Clinic (EHLC) represented several advocacy organizations as Amici on the issue of class certification and on two motions for preliminary injunction. Law students (now alumnae), Yadilsa Diaz RLAW'20 and Nicole Virella RLAW'20, helped research and write the briefs and assisted in preparing for oral argument, and Professor Jennifer Valverde argued on behalf of Amici in early 2020. Read more in the Star Ledger's piece.

Rutgers Law Media Contact:
Shanida Carter

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