A Capehart Scatchard Blog

Robert Muccilli

Robert Muccilli

Robert A. Muccilli, Esq. is Co-Chair of Capehart Scatchard’s School Law Group and a Shareholder in the Labor and Employment Group. For over 25 years, he has focused his practice in the areas of school law, and labor and employment. He has represented school districts with respect to a variety of education law issues involving students, teachers, school construction and special education issues including questions pertaining to inclusion, least restrictive environment, discipline, behavior management, transition, evaluation, discrete trial instruction, medically fragile students, dyslexia, Down Syndrome, Aspergers Syndrome, and equal access to activities and services for disabled individuals. He has also been recognized as one of South Jersey’s Top Attorneys as published by SJ Magazine. Mr. Muccilli is admitted to practice law in New Jersey, the United States District Court for the District of New Jersey and Washington, DC.

Appellate Division Remands Case on Disclosure of Student Records Under OPRA

By on October 17, 2017 in Open Public Records Act with 0 Comments

When is a student record, such as a settlement agreement involving a special education student or a request for an independent special education evaluation, subject to disclosure in response to a request under the Open Public Records Act (“OPRA”)? According to the Appellate Division’s published decision dated October 16, 2017 in L.R. v. Camden City Public School District, et al., the answer is that disclosure is permitted when the requestor is one of the sixteen (16) authorized organizations, agencies, or persons identified in regulations adopted by the New Jersey Department of Education to implement the New Jersey Pupil Records Act […]

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Atlantic County and Bridgewater Township Required to Continue Step Increases After Expiration of Contracts

By on August 4, 2017 in Labor & Employment with 0 Comments

By: Robert A. Muccilli, Esq. Editor: Sanmathi (Sanu) Dev, Esq. The New Jersey Supreme Court on August 3, 2017 decided In re County of Atlantic in which it held that the salary increment systems in collective bargaining agreements between two public entities, Atlantic County and the Township of Bridgewater, and their respective FOP and PBA unions remained in effect after the agreements’ expiration dates. The County and Township were required to pay salary step increases during the period between the expiration of those contracts and the formation of their successor agreements. Accordingly, the Court upheld the Appellate Division’s ruling in […]

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Governor Signs Law Expanding Voting Rights for Sending School Districts

By on July 25, 2017 in Legislation with 0 Comments

By: Robert A. Muccilli, Esq. Editor: Sanmathi (Sanu) Dev, Esq. For years, sending school districts have felt left out of many important decisions made by the receiving districts to which they send their students and to which they pay tuition. That will no longer be the case under a new law signed by Governor Christie on July 21, 2017 (S. Res. 3191, 217th Leg., 2d Sess. (N.J. 2017)) which greatly expands the voting rights of sending districts. Representative of sending districts are no longer limited to voting on tuition, certain bill lists or contracts, new capital construction to be utilized by […]

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School Districts Given More Flexibility in Compensating Superintendents

By on May 9, 2017 in Legislation with 0 Comments

By: Robert A. Muccilli, Esq. Editor: Sanmathi (Sanu) Dev, Esq. School boards now have more flexibility in attracting and retaining qualified and experienced superintendents as a result of changes to N.J.A.C. 6A:23A-1.2, an accountability regulation affecting compensation, which were adopted on May 1, 2017. Here are some of the important changes to N.J.A.C. 6A:23A-1.2 made by the rule adoption with respect to superintendents. The salary brackets, which are based on student enrollment, have been reduced from six brackets to three with the following caps: $147,794 (enrollment of 749 or less); $169,689 (enrollment of 750 to 2,999); and $191,584 (enrollment greater […]

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