A Capehart Scatchard Blog

Cameron R. Morgan

Cameron R. Morgan

Mr. Morgan has served the public school districts of the State of New Jersey in the specialized area of school law, representing boards of education in all aspects of their legal needs, with a focus on general counsel services, civil litigation, special education, administrative law, collective negotiations, labor and employment, and appellate practice. He has served as Board Solicitor to dozens of school districts, guiding district administrators through the diverse range of issues affecting the public schools, from personnel matters, tenure cases, and the range of issues that frequently arise at public board meetings, to student disciplinary matters, residency disputes, and homelessness issues, to complex matters involving the budgetary process or First Amendment rights.

Parents Not Entitled to IEE at Public Expense Due to Minor Flaws in Reevaluation

By on October 10, 2018 in Special Education/504 with 0 Comments

In the realm of New Jersey special education, it is not a rare occurrence for parents to request an independent educational evaluation (“IEE”) of a special education student at public expense in response to an evaluation of the student conducted by the child study team.  Each year, New Jersey school districts are faced with hundreds of requests for IEEs at public expense.  The vast majority of these are granted voluntarily by the district, sometimes on the basis of a cost-benefit assessment that has little to do with whether the evaluation was appropriately conducted or whether the IEE will shed any […]

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N.J. Supreme Court Reverses Blanket Rice Notice Requirement for Personnel Actions at Public Meetings

By: Cameron R. Morgan, Esq. Editor: Sanmathi (Sanu) Dev, Esq. On June 21, 2018, the New Jersey Supreme Court has reversed an Appellate Division ruling that many felt had overly burdened public bodies in the administration of their duties and gone beyond the requirements of the Open Public Meetings Act, N.J.S.A. 10:4-6 to -21 (“OPMA”).  Kean Fed’n of Teachers v. Morell, ___ N.J. ___, No. A-84-16 (2018).  Under the seminal decision in Rice v. Union County Reg’l High Sch. Bd. of Educ., 155 N.J. Super. 64, 73 (App. Div. 1977), public bodies seeking to invoke the OPMA exception allowing them […]

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How Has the Anti-Bullying Bill of Rights Act Affected the Litigation Environment?

By on April 17, 2018 in Students with 0 Comments

By: Cameron R. Morgan, Esq. Editor: Sanmathi (Sanu) Dev, Esq. It is almost hard to believe we are now in the seventh school year since the New Jersey Anti-Bullying Bill of Rights Act (“ABBRA”) took effect.  At the time of the statute’s passage on January 5, 2011, many speculated that the wave of investigations into harassment, intimidation, and bullying (“HIB”) that were soon to be conducted in high numbers in the early years of the statute’s implementation would also be accompanied by a large and continuous wave of HIB litigation.  Some even opined that the law would spawn a new […]

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Proactive Representation Part II: Proving a Case for Emergent Relief on Behalf of a School District

By on February 6, 2018 in Special Education/504 with 0 Comments

By: Cameron R. Morgan, Esq. Editor: Sanmathi (Sanu) Dev, Esq. In last week’s segment, we discussed the importance of filing for due process and seeking emergent relief on behalf of a school district when the parents of a child receiving special education and related services take action, or refused to take action, in a way that prevents the district from fulfilling its legal obligation under the Individuals with Disabilities Education Act (“IDEA”) to provide the child with his or her right to a free and appropriate public education (“FAPE”). Today, we discuss the mechanics of doing so and highlight the […]

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Proactive Representation Part I: Knowing When to File for Due Process or Seek Emergent Relief on Behalf of a School District

By on January 30, 2018 in Special Education/504 with 0 Comments

By: Cameron R. Morgan, Esq. Editor: Sanmathi (Sanu) Dev, Esq. In the increasingly litigious world of special education, New Jersey school districts and Board attorneys are generally accustomed to being on the receiving end of lawsuits with parents. Yet, understanding how and under what circumstances to file for due process or seek emergent relief can be just as important to ensuring your district is legally compliant as defending a due process petition filed by a parent. Special education practitioners representing districts that are facing uncooperative parents would do well to remember one thing: when parents place the child study team […]

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OPRA Does Not Require Disclosure of Reasons for Public Employee’s Voluntary Resignation

By on January 11, 2018 in Open Public Records Act with 0 Comments

By: Cameron R. Morgan, Esq. Editor: Sanmathi (Sanu) Dev, Esq. In a case construing the “personnel records” exception to the Open Public Records Act (“OPRA”), the Appellate Division recently held that OPRA does not require disclosure of detailed reasons for a government employee’s resignation, where public records do not contain such information. There are 21 exceptions to the definition of a “government record” under the OPRA statute, few of which are as frequently the source of litigation as the exception for personnel records. This is most likely because there are three exceptions to that exception itself, two of which permit […]

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Parent’s Untimely Notice Does Not Automatically Bar Tuition Reimbursement Claim

By on December 5, 2017 in Special Education/504 with 0 Comments

By: Cameron R. Morgan, Esq. Editor: Sanmathi (Sanu) Dev, Esq. One of the most common scenarios giving rise to special education litigation is a due process petition filed by parents against their school district in order to seek tuition reimbursement for the costs of a private school, after the parents have unilaterally placed the child in the out-of-district placement.  Bringing a motion to reduce or deny tuition reimbursement, if it can be shown that the parents failed to timely provide the notice, has traditionally been one of the simplest and most effective defenses a school district can assert in defending […]

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Stay-Put Shake-up: Third Circuit Holds Parents Entitled to Attorneys’ Fees for Non-Compliance with Stay-Put

By on August 30, 2017 in Special Education/504 with 0 Comments

By: Cameron R. Morgan, Esq. Editor: Sanmathi (Sanu) Dev, Esq. The Third Circuit Court of Appeals has issued an important decision finding that parents in special education litigation with school districts will be considered “prevailing parties” entitled to an award of attorneys’ fees in the event the district ignores or fails to comply with its obligations under the “stay-put” provision of the Individuals with Disabilities Education Act (“IDEA”).  M.R. & J.R. ex. E.R. v. Ridley Sch. Dist., No. 16-2465, 117 L.R.P. 34473 (3d Cir. 2017).  On August 22, 2017, the Third Circuit issued its decision substantially altering the landscape of […]

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U.S. Supreme Court Decides Substantive Standard for FAPE to Special Education Students

By on March 23, 2017 in Special Education/504 with 0 Comments

By: Cameron R. Morgan, Esq. Editor: Sanmathi (Sanu) Dev, Esq. For many months now, those involved in the world of special education have been patiently awaiting the issuance of one of the most important legal decisions in special education in the past 35 years, since the seminal Rowley decision was handed down in 1982. On March 22, 2017, the United States Supreme Court decided the case of Endrew F. v. Douglas County School District, 580 U.S. ___ (2017), in which it confronted the difficult issue of the appropriate substantive standard for determining whether special education students have been provided with […]

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