Tuesday, February 25, 2014
The New Jersey Department of Education agreed to settle a disability rights lawsuit last week involving claims that special education students were assigned to educational settings that were not the least restrictive environments required under the Individuals with Disabilities Education Act (IDEA) and Section 504. The plaintiffs, a collection of statewide advocacy agencies acting on behalf of children with disabilities, sued the NJDOE in 2007, charging that the state placed special education students in restrictive settings at a rate that was twice as high as twenty-six other states. Data from NJDOE also showed that while 3.8% of the nation’s students receiving special education services were in New Jersey, the state had 9% of students nationally in restrictive placements. NJDOE agreed in the settlement to conduct a least restrictive needs assessment for about 75 school districts and to train, monitor, and support those districts for compliance with special education laws. View the settlement in Disability Rights v. NJ Dept. of Ed., No. 3:07-cv-02978 (D. N.J.) here.