A Capehart Scatchard Blog

Sanmathi (Sanu) Dev

Sanmathi (Sanu) Dev

Sanmathi (Sanu) Dev, Esq. concentrates her practice on the representation of boards of education and charter schools in all areas of school law including: labor and employment, special education, Section 504, student discipline, FERPA, Anti-Bullying Bill of Rights Act, student residency, civil rights, tenure, OPRA, and OPMA. In connection with these representations, she is experienced in handling matters before State and Federal courts, including the Office of Administrative Law. Ms. Dev is an experienced special education litigator and defends school districts in due process hearings from inception through trial. In addition, she has handled matters before governmental agencies, including the U.S. Office for Civil Rights and New Jersey Division on Civil Rights. Ms. Dev routinely conducts training and seminars, drafts policies and manuals, and provides strategic advice to school administrators regarding school law issues. Ms. Dev was recently recognized as one of South Jersey’s Awesome Attorneys as published by South Jersey Magazine. She is licensed to practice law in New Jersey, the District Court for the District of New Jersey and Pennsylvania.

Upcoming Seminar at NJSBA Spring School Law Forum

By on April 17, 2017 in Seminars, Students with 0 Comments

On Wednesday, June 14, 2017, Sanmathi (Sanu) Dev, Esq. and Lauren E. Tedesco, Esq. will be presenting at the New Jersey School Boards Association’s Spring School Law Forum. They will be speaking about uncommon accommodations and service animals for students in school. The seminar will be held in Monroe, New Jersey. For additional information and registration, please click here.

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Upcoming Seminar at NJASA/NJAPSA Spring Leadership Annual Conference

By on April 11, 2017 in Seminars, Students with 0 Comments

On Wednesday, May 18, 2017, Sanmathi (Sanu) Dev, Esq. and Cameron R. Morgan, Esq. will be presenting at the the New Jersey Association of School Administrators and Association of Pupil Services Administrators’ 35th Annual Spring Leadership Conference. They will be speaking about legal issues pertaining to student residency and homelessness. The seminar will be held in Atlantic City, New Jersey. For additional information and registration, please click here.

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Appellate Division Affirms Tuition Reimbursement Issue Not Subject to Arbitration

By on April 11, 2017 in Labor & Employment with 1 Comment

On March 2, 2017, the New Jersey Appellate Division issued an unpublished decision in Hillsborough Township Board of Education v. Hillsborough Township Education Association in which it affirmed the Public Employment Relations Commission’s (“PERC”) determination that an issue involving tuition reimbursement was preempted by statute and therefore not arbitrable. This case arose from employees whose requests for tuition reimbursement were denied because the courses were not related to the employees’ current or future job responsibilities pursuant to N.J.S.A. 18A:6-8.5. In 2013, four individuals employed by the Hillsborough Township Board of Education (“Board”) sought tuition reimbursement from the Board for various […]

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Upcoming Seminar at Lehigh University’s 45th Special Education Law Conference

On Friday, May 12, 2017, Sanmathi (Sanu) Dev, Esq. and Cameron R. Morgan, Esq. will be presenting at Lehigh University’s 45th Special Education Law Conference. Their presentations are entitled “Mental Health, Including Therapeutic Placements: Balancing the Law and Family Support” and “Special Education Law 101: The Do’s and Don’ts of Special Education Litigation.” The seminar will be held in Lehigh, Pennsylvania. For additional information and registration, please click here.

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Appellate Division Clarifies Who May Issue Rice Notice to Superintendent

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

In 2013, the Appellate Division ruled that Daniel Woska, a former member of the Brick Township Board of Education (“Board”), exceeded the scope of his authority and violated the New Jersey School Ethics Act (“Act”) when he directed the Business Administrator to issue a Rice notice to the Superintendent. As a result of that Rice notice, the Board discussed the Superintendent’s employment and then terminated him. In the 2013 decision, the Appellate Division remanded the case to the School Ethics Commission (“SEC”) to determine who is authorized to issue a Rice notice for the purposes of reviewing the Superintendent’s employment. […]

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Upcoming Seminar: “Student Records: Legal Requirements You Need to Know”

By on March 30, 2017 in Seminars, Students with 0 Comments

On May 2 and May 5, 2017, Sanmathi (Sanu) Dev, Esq. and Cameron R. Morgan, Esq. will be presenting at the National Business Institute’s seminar entitled “Student Records: Legal Requirements You Need to Know.” They will be speaking about student surveys and physical security of student records. The seminar will be held in Princeton and Atlantic City. For additional information and registration, please click here.

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U.S. DOE and DOJ Rescind Guidance Documents Regarding Transgender Students

By on March 15, 2017 in Students with 0 Comments

On February 22, 2017, the U.S. Departments of Education and Justice (“Departments”) released a Dear Colleague Letter, which rescinds the May 2016 federal guidance documents regarding the rights of transgender students. The May 2016 guidance documents offered clarification that Title IX of the Education Amendments of 1972 (“Title IX”) prohibits discrimination based on a student’s transgender status and/or gender identity. These previously issued guidance documents explained that school districts cannot require transgender students to use restrooms or locker rooms inconsistent with their gender identity or require them to use individual-user facilities when other students are not required to do so. The recent February 2017 Dear Colleague […]

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N.J. Supreme Court Rules Arbitrator Exceeded Authority in Tenure Case

By on March 6, 2017 in Labor & Employment with 1 Comment

On February 21, 2017, the New Jersey Supreme Court in Bound Brook Board of Education v. Glenn Ciripompa invalided an arbitrator’s award in a tenure removal case after determining that the arbitrator exceeded his authority when he failed to determine whether a teacher’s actions rose to the level of conduct unbecoming. The arbitrator improperly applied the standard for hostile work environment instead of conduct unbecoming. Bound Brook Board of Education (“Board”) filed tenure charges against Glenn Ciripompa, a tenured high school math teacher, after an investigation revealed that he was using school district-issued laptops, iPads, and networks to transmit nude […]

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U.S. Supreme Court Rules Exhaustion of Administrative Remedies Not Required in Non-FAPE Cases

In a long awaited case involving a student requesting the use of a service dog in school, the United States Supreme Court unanimously ruled on February 22, 2017 in Fry v. Napoleon Community Schools that parents are not required to exhaust administrative remedies under the Individuals with Disabilities Education Act (“IDEA”) when the heart of their complaint does not allege a denial of a free appropriate public education (“FAPE”). This case involved a student with cerebral palsy who qualified for special education and related services under the IDEA when she attended a public school in Michigan. As a result, she […]

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Appellate Division Further Defines “Promptly Available” Meeting Minutes under OPMA

By on February 21, 2017 in Open Public Meetings Act with 0 Comments

Last week, we reviewed the New Jersey Appellate Division’s ruling in Kean Federation of Teachers v. Board of Trustees of Kean University, which changes a public entity’s obligations regarding Rice notices sent to its employees. You can read last week’s post here. This week, we will examine the Appellate Division’s other decision in the Kean case regarding a public body’s duty under the Open Public Meetings Act (“OPMA”), N.J.S.A. 10:4-6 et seq., to make meeting minutes promptly available. While the OPMA itself does not establish a specific time period for the “promptly available” standard, the Appellate Division found that the […]

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