Class Action Monitor Recommends Release of Newark Public Schools from “Child Find” Compliance Monitoring
Education Law Center is pleased to report that Newark Public Schools (NPS) has achieved substantial compliance with federal and state timelines for identifying and evaluating students with disabilities. This result comes more than 12 years after entry of a class action settlement agreement in M.A. v. Newark Public Schools, et al. between NPS and the plaintiff class represented by ELC and Gibbons P.C.
Following a recent meeting of the parties, including both Dr. Diane Janson, the parties’ designated Special Education Compliance Monitor, and Kim Murray, Director of the New Jersey Department of Education’s Office of Special Education (OSE), the attorneys representing the plaintiff class accepted the Monitor’s recommendation that the extensive level of reporting required by the settlement agreement was no longer necessary.
Approved by the federal district court on January 27, 2012, the settlement agreement in this lawsuit obligated NPS to achieve 95% compliance, as verified by state monitoring, with the following two requirements:
- Within 20 days of a request for a special education evaluation, meeting with parents to determine whether an evaluation is warranted, and, if so, obtaining parental consent for evaluation; and
- Within 90 days of parental consent, conducting a special education evaluation and implementing special education and related services for eligible students.
These goals were established in response to historic delays by NPS in ensuring that students with disabilities received special education services in a timely manner.
District and state reports to monitor and verify NPS compliance with these goals have been issued every six months since 2012, demonstrating remarkable progress by NPS over time. NPS started the monitoring process in July 2012 with a 90-day compliance rate of 32% and verification rate of 36% and is now achieving compliance rates that are above the 95% goal set by the Settlement Agreement.
The district’s 20-day compliance rate has also risen impressively since July 2012, when it started at 84% with a 60% verification rate. That rate has been consistently at 98% or higher since February 2021.
“The progress achieved by NPS is a victory for the parents and children of Newark and for the named plaintiffs who courageously brought this case,” said Elizabeth Athos, ELC Senior Attorney, Educational Equity.
Ms. Athos added that the plaintiffs received assurances from the Monitor and the OSE that NPS currently has the support and structure in place to sustain the progress it has made, and by NPS Superintendent Roger León that the district will continue its internal monitoring and will be reaching out for assistance from Dr. Janson as it works to continue improving its special education program.
“While we are pleased with the progress that has been achieved, going forward, the district must broaden its focus to ensuring the quality of its decision-making during the child find and evaluation process,” said class co-counsel Lawrence S. Lustberg, Esq., of the Gibbons law firm. “We will not demand that NPS continue its extensive reporting to us, but we intend to watch closely during the next year, to make sure there are no signs of backsliding.”
Newark families are encouraged to contact ELC at (973) 624-1815, ext. 300, if they are experiencing delays in having their students evaluated for special education services by NPS.
Press Contact:
Sharon Krengel
Director of Policy, Strategic Partnerships and Communications
skrengel@edlawcenter.org
973-624-1815, x240