NEWARK -- In a resounding victory for children with disabilities, the Third Circuit Court of Appeals in Philadelphia ruled late Tuesday that the New Jersey Department of Education (NJDOE) cannot escape liability for failing to provide an appropriate education under federal law.

In flatly rejecting an appeal by state education officials, the Third Circuit held that the NJDOE waived immunity to suit by accepting federal aid under the Individuals with Disabilities Education Act (IDEA). The Court joined other circuit courts across the nation in finding that Congress expressly conditioned the receipt of federal IDEA funds on a state’s surrender of immunity.

The Court’s ruling allows the plaintiff, known as A.W., to proceed with his federal lawsuit against NJDOE and several state officials. A.W. has dyslexia and, after receiving more than ten years of special education services from the Jersey City school district, could not read. His lawsuit, filed at the age of nineteen, alleges that NJDOE took no action to identify his dyslexia or to ensure he received an effective education program from the district. He also alleges that a 1997 NJDOE investigation of a complaint by A.W.’s grandmother was wholly ineffective.

"This ruling makes clear that NJDOE can be held accountable in court when it fails to educate students with disabilities," said Elizabeth Athos of Education Law Center who represents A.W. "As the Court recognized, allowing students to directly enforce violations of IDEA in court will act as a powerful incentive to ensure the NJDOE fulfills its responsibility to appropriately educate all children with disabilities in New Jersey."