Sanmathi (Sanu) Dev
Sanmathi (Sanu) Dev, Esq. is a Shareholder in Capehart Scatchard’s School Law and Labor & Employment Law Groups. Ms. Dev concentrates her practice on the representation of boards of education in all areas of school law including: labor and employment, special education, Section 504, student discipline, student records, Family Educational Rights and Privacy Act, Anti-Bullying Bill of Rights Act, School Ethics Act, student residency, civil rights, tenure, negotiations, Open Public Records Act, and Open Public Meetings Act. 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 litigates matters before governmental agencies, including the U.S. Office for Civil Rights, New Jersey Public Employment Relations Commission, 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 also leads Capehart Scatchard’s School Law Blog (www.njschoollawblog.com) which focuses on cases, court decisions, and current developments affecting education law in the State of New Jersey.
Ms. Dev was selected to the “New Jersey Super Lawyer – Rising Star” list (2018-2021 in the area of School & Education). Less than 2.5% of attorneys selected as “Rising Stars” (lawyers under 40) through a peer nominated process based on independent research and peer evaluation. The Super Lawyers – Rising Star list is issued by Thomson Reuters. For a description of the “Super Lawyers – Rising Star” selection methodology, please visit https://www.superlawyers.com/about/selection_process.html
*No aspect of this advertisement has been submitted to or approved by the Supreme Court of New Jersey.
Appellate Division Rules Teacher Not Entitled to Tenure in Extracurricular Assignment
*Please note that on January 20, 2020, the New Jersey Supreme Court reversed the Appellate Division in this matter. You can find our blog article on the Supreme Court’s decision here.* On December 17, 2018, the New Jersey Appellate Division in Melnyk v. Board of Education of the Delsea Regional High School District upheld the Commissioner of Education’s decision that a teacher who already has attained tenure based upon his or her years of service in a particular position cannot also acquire separate tenure in an extracurricular assignment if the teacher is not required to possess a different certificate other […]
Commissioner of Education Rules Bedside Tutor Position Not Eligible for Tenure Accrual
On November 9, 2018, the New Jersey Commissioner of Education (“Commissioner”) concurred with an Administrative Law Judge’s finding in Mirda v. Board of Education of the Union County Educational Services Commission that the position of Bedside Tutor fell within the substitute teacher exception and is not eligible for tenure accrual. The Union County Educational Services Commission Board of Education (“Commission”) provides various services to school districts in Union County, including one-to-one bedside instruction at hospitals to students enrolled in Union County schools. Bedside Tutors are paid at an hourly rate, do not receive benefits or paid holidays, and are not guaranteed a […]
Union Endorsement of BOE Candidate Not an Automatic Conflict
An individual served as a board of education member for an initial term. During his candidacy for reelection, the local education association and statewide education association decided to endorse the individual. The individual was reelected. Is this a conflict of interest and a violation of the School Ethics Act? Not necessarily, said the School Ethics Commission (“SEC”) in Advisory Opinion A10-18 issued on June 26, 2018. The local education association (“LEA”) offered financial support to the individual, which he did not accept. On its own accord, the New Jersey Education Association (“NJEA”) circulated printed material endorsing the individual’s candidacy. The […]
Attorney’s Fees Relevant to Ten-Day Offers in IDEA Cases
A major concern for school districts in special education cases is the potential for parents to recover attorney’s fees if they are considered prevailing parties under the Individuals with Disabilities Education Act (“IDEA”). School districts may limit exposure by extending a “ten-day offer” in which it makes an offer of settlement to the parents at least ten days before an administrative due process hearing. If the parent rejects the ten-day offer, the parent may only recover attorney’s fees for work done after the time of the offer if (1) the hearing leads to more favorable relief than the offer included, […]
Individual Prohibited from Simultaneously Serving on Two Boards of Education
In November 2013, Jeffrey Fischer was elected to the Manchester Regional High School Board of Education (“Manchester Board”) for a three-year term expiring in January 2017. He was also elected to the Haledon Board of Education (“Haledon Board”) in November 2015 for a three-year term commencing in January 2016. The Haledon Board serves students in kindergarten through eighth grade and then sends its students to the Manchester Regional School District for high school. On May 30, 2018, the Appellate Division in Fischer v. State of New Jersey confirmed that an individual is prohibited from serving on two boards of education […]
N.J. Supreme Court Rules on OPRA’s Privacy Provision
On May 23, 2018, the New Jersey Supreme Court in Brennan v. Bergen County Prosecutor’s Office, issued an important decision regarding the Open Public Records Act’s (“OPRA”) privacy provisions. Often times, school districts and other public entities deny OPRA requests on the basis that they are protecting the privacy of others. In these situations, the Court clarified that the public entity must first show that disclosure of the records would invade a “person’s reasonable expectation of privacy” before advancing any privacy arguments to withhold the documents. This case involved Plaintiff’s OPRA request to the Bergen County Prosecutor’s Office (“BCPO”) seeking […]
Upcoming Seminar at NJSBA Spring School Law Forum
On June 12, 2018, Sanmathi (Sanu) Dev, Esq. will be presenting at the New Jersey School Boards Association’s Spring School Law Forum. She will be speaking about current issues regarding student discipline. The seminar will be held in Monroe, New Jersey.
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