The Supreme Court ruled in 2019 that student records may not be accessed under OPRA (although they may be disclosable as permitted by certain Department of Education regulations). L.R. v. Camden School Dist. In a published opinion issued on May 18, 2022, the Appellate Division held that L.R. does not apply to settlements of OAL cases involving IDEA special education challenges. As a result, these settlements must be disclosed under OPRA. C.E. v. Elizabeth Public School Dist.

The court noted that L.R. did not apply because the IDEA was not at issue in that case. The court therefore determined that the applicable IDEA regulations governed the request in C.E. These regulations designate the OAL to hear special education complaints under the IDEA, and say that settlements of these cases are incorporated into an ALJ’s initial decision approving the settlement. Federal law requires making these decisions public, after removal of any student-identifying information.

In accordance with these requirements, the Appellate Division upheld the release under OPRA of the requested settlements, with identifying information redacted.