The United States Law Week

N.J. Schools Can’t Toss Suit Over Major Student Petition Delays

May 22, 2020, 10:20 PM

Nine sets of named plaintiffs have standing to sue the New Jersey Department of Education over claims that it mishandles due process petitions submitted on behalf of disabled students, a federal court in the state said Friday.

The defendant agency argued that the would-be class plaintiffs failed to allege concrete injury, that the alleged violations were merely procedural, and that claims by plaintiffs whose petitions were no long pending were moot.

Judge Noel L. Hillman denied motions to dismiss for all but one set of ten plaintiffs.

When suing under the federal Individuals with Disabilities Education Act, student plaintiffs must...

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