New Jersey incarcerated students with disabilities IDEA violations class action settlement

The New Jersey Department of Corrections and Department of Education have agreed to a class action settlement over claims of prison IDEA (Individuals with Disabilities Education Act) violations.

The settlement benefits individuals who were incarcerated in a New Jersey prison between Jan. 11, 2015, and Oct. 31, 2020, and met any of the following descriptions:

1. They were identified as being entitled to special education services or other educational accommodations
2. They had a verified Individual Education Program (IEP) before or during prison time
3. They were diagnosed with an educational disability and an IEP was being developed for them while in prison but wasn’t finished before their prison release
4. They were born after Jan. 11, 1993, were under the age of 18 when they entered prison, and did not have a high school diploma when they entered prison

The Department of Corrections in New Jersey is responsible for managing and operating prisons and jails within the state. However, the department may fail to provide education services to incarcerated students with disabilities. 

In 2017, students took legal action against the New Jersey Department of Corrections and Department of Education, alleging their rights were violated when they were denied education in prison. 

Students, including those in solitary confinement, were allegedly denied special education services despite being entitled to these services through the age of 21.

“Whether in a cage or a classroom, NJDOC has failed and continues to fail youth with disabilities, utterly ignoring a key component of rehabilitation: a meaningful education,” Mary-Lee Smith, director of Litigation at Disability Rights Advocates, said in a statement following the class action lawsuit’s filing. “Youth with disabilities do not check their civil rights at the door of adult prison facilities.”

The New Jersey departments of Education and Corrections haven’t admitted any wrongdoing, but agreed to resolve these allegations with an IDEA violations class action settlement.

New Jersey IDEA class action settlement benefits

The settlement allows students to receive education services as compensation for services not received while in prison. 

Under the settlement terms, Class Members can receive up to $8,000 for educational, vocational, or re-entry services for each year they should have received services in prison. Eligible services include third-party education programs, colleges, technical schools, and more.

Also as part of the IDEA violations settlement, the New Jersey Department of Corrections agreed to revise its policies surrounding special education. Under these changes, the department will assess education levels of students entering prison, develop IEPs, provide education services, and make other changes to ensure a quality special education for those with disabilities. A full list of changes can be found on the settlement website.

The New Jersey Department of Education has agreed to monitor these changes for five years to ensure they are implemented properly. After the five years, the Department of Corrections will be monitored by the Department of Education in the same way that public schools are monitored.

The deadline for objection was Jan. 26, 2022. 

The deadline for exclusion is two years after the IDEA violations settlement’s effective date, estimated to be January 2024. 

The settlement was granted final approval on March 3, 2022.

In order to receive compensatory education, Class Members must submit a valid claim form within two years of the IDEA violations settlement’s effective date, estimated to be January 2024.

Who’s Eligible

The settlement benefits individuals who were incarcerated in a New Jersey prison between Jan. 11, 2015, and Oct. 31, 2020 and met any of the following descriptions:

1. They were identified as being entitled to special education services or other educational accommodations
2. They had a verified Individual Education Program (IEP) before or during prison time
3. They were diagnosed with an educational disability and an IEP was being developed for them while in prison but wasn’t finished before their prison release
4. They were born after Jan. 11, 1993, were under the age of 18 when they entered prison, and did not have a high school diploma when they entered prison

Potential Award

Varies

Proof of Purchase

No proof of purchase required.

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

01/31/2024 (Estimated)

Case Name

Adam X. v. New Jersey Department of Corrections, Case No. 3:17-cv-00188-FLW-LHG, in the U.S. District Court for the District of New Jersey

Final Hearing

03/03/2022

Settlement Website

ACLU-NJ.org

Claims Administrator

Unspecified

Class Counsel

Jeanne LoCicero Legal Director
ACLU OF NEW JERSEY FOUNDATION

Tess Borden Staff Attorney
ACLU OF NEW JERSEY FOUNDATION

Andrea Kozak-Oxnard
STAFF ATTORNEY DISABILITY RIGHTS ADVOCATES

William Silverman
PARTNER PROSKAUER ROSE LLP

Defense Counsel

New Jersey Department of Corrections
Michael Vomacka
DEPUTY ATTORNEY GENERAL

New Jersey Department of Education
Michal Czarnecki
DEPUTY ATTORNEY GENERAL