A Capehart Scatchard Blog

Legislation

Appellate Division Upholds Amendment to Regulation Requiring Charter Schools to Contribute to Transportation Costs of Disabled Students

By on August 1, 2023 in Legislation, NJ School Law

By: Eric Richwine, Law Clerk Editor: Sanmathi (Sanu) Dev, Esq. On July 3, 2023, the New Jersey Appellate Division in In re Adoption of N.J.A.C. 6A:27-5.1 upheld the New Jersey Department of Education’s (“the Department”) adoption of an amendment to its regulations governing the transportation of students. This appeal, on behalf of the New Jersey Public Charter Schools Association (“the Association”), arose from the Department’s amendment to N.J.A.C. 6A:27-5.1, which governs the allocation of transportation costs for disabled students who attend out-of-district charter schools. The new subsection, N.J.A.C. 6A:27-5(b), caps the financial responsibility of the district of residence for disabled […]

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Executive Order 204 Imposes Additional Restrictions on School Sports

By on December 2, 2020 in Legislation, NJ School Law with 0 Comments

On November 30, 2020, Governor Philip Murphy signed Executive Order 204, which imposes additional restrictions on how New Jersey school districts conduct sports during the COVID-19 pandemic. As it applies to school districts, Executive Order 204: Prohibits indoor sports (including practices and games); and Limits outdoor sports to 25 people. However, players, coaches, and referees necessary for the practice/game are not counted toward the total 25. These restrictions begin on December 5, 2020 and end on January 2, 2021, unless otherwise revoked or modified by the Governor. The Governor may decide to continue the restrictions or modify them based on […]

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Executive Order 196 Exempts School Board Meetings from Capacity Limitations

By on November 17, 2020 in Legislation, NJ School Law with 0 Comments

On November 16, 2020, Governor Philip Murphy signed Executive Order 196 related to the COVID-19 pandemic.  A significant aspect of the Order is that legislative proceedings of school boards are expressly excluded from the capacity limits on gatherings in EO196 or any other applicable Executive Order.  Previously, it was unclear whether the legislative proceedings exemption to the capacity requirements applied to boards of education.  The Order clarifies that the exemption does apply.  Caution is urged because other requirements related to social distancing and mask wearing continue to apply and will have the effect of limiting capacity at board meetings.  The Order […]

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Governor Signs Law Establishing New Health Care Plans and Contribution Levels

On July 1, 2020, Governor Philip Murphy signed Senate Bill 2273 which requires alterations in health insurance plans and changes to school employee contributions toward the cost of health coverage.  The law takes effect immediately and in some respects overrides collective negotiations agreement provisions.  The new law will impact negotiations, budgeting and insurance benefit planning.  Key components include: Establishment of New Jersey Educators Health Plan (“NJEHP”) by the School Employees’ Health Benefit Program (“SEHBP”) for the 2021 plan year and creation of an equivalent plan by non-SEHBP school districts; Establishment of a less costly Garden State Health Plan (“GSHP”) by the […]

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New Law Permitting Remote Instruction Also Requires Payment of Compensation and Benefits to School Employees and Other Entities

By on April 15, 2020 in Legislation, NJ School Law with 0 Comments

Editor: Sanmathi (Sanu) Dev, Esq.  On April 14, 2020, Governor Murphy signed A3904/S2337 into law which permits use of virtual and remote instruction to meet the minimum 180 day school year requirement. The new law does not stop there.  The law requires payment of benefits, compensation and emoluments to school employees as if school remained open during the school closure (irrespective of whether employees are covered by a collective negotiations agreement) and to a contract service provider pursuant to the terms of the contract in effect prior to the school closure as if the services had been provided.  Additionally, A3904 […]

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Are You Ready: Summary of Federal COVID-19 Leave Laws

Editor: Sanmathi (Sanu) Dev, Esq. Below is an article written by my colleagues, Ralph R. Smith, Esq., Co-Chair of our firm’s Labor & Employment Group, and Lara M. Ruggerio, Esq., a member of the firm’s Labor & Employment Group. The article summarizes two new federal leave laws dealing with employee work absences resulting from the COVID 19 crisis. If you wish to view additional articles and/or be kept up-to-date with labor & employment issues, visit our HR Resource blog by clicking here. As of April 1, 2020, employers must now comply with the two new federal leave laws recently passed […]

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New Statute Requires Schools to Provide Meal Distribution or Meal Vouchers during COVID-19 Closures to Students Eligible for Free & Reduced Price Lunches

By on March 25, 2020 in Legislation, NJ School Law with 0 Comments

Editor: Sanmathi (Sanu) Dev, Esq. On Friday, March 20, 2020, Governor Phil Murphy signed into law a new bill, A-3840, to ensure the continuation of meal distribution to some of New Jersey’s most at-risk students as the State provides support to help local communities work through the COVID-19 pandemic.  The statute, now P.L. 2020, c. 6, requires local school districts to provide for meal distribution or a meal voucher program during the period of school closure due to the COVID-19 epidemic for those students who are eligible to receive free and reduced price lunches.  The act takes effect immediately. Under […]

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Subcontracting Restrictions and Changes in Health Insurance Plans and Employee Contributions Likely Coming Very Soon

By on March 20, 2020 in Legislation, NJ School Law with 0 Comments

On March 19, 2020, the Senate approved two significant bills stemming from Senator Sweeney’s deal with the New Jersey Education Association (“NJEA”).  One bill requires alterations in health insurance plans and modifications to employee contributions to the cost of health coverage.  The other bill places restrictions on the ability of certain employers, including a school district,  to subcontract work of employees in a collective bargaining unit.  While not enacted yet, both pieces of legislation appear to be on the fast track to approval.  If enacted, they will take effect immediately. Key components of the bill altering health insurance and employee […]

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Governor to Sign Bill to Ban Hair Discrimination

By on December 31, 2019 in Legislation, NJ School Law with 0 Comments

New Jersey bill entitled Create a Respectful and Open Workspace for Natural Hair Act (“CROWN Act”) was passed by the Senate on December 16, 2019 and approved by the Assembly on December 19, 2019. The CROWN Act would prohibit discrimination on the basis of hairstyle, type, or texture, which are traits historically associated with race. This bill, which further addresses discrimination under the New Jersey Law Against Discrimination (“NJLAD”), will head to the Governor for signature. The NJLAD, which applies to schools and work places, would be amended to specifically define “race” to include “traits historically associated with race, including, […]

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Cadillac Tax on Health Care Plans Delayed Again

By on January 24, 2018 in Legislation, NJ School Law with 0 Comments

Editor: Sanmathi (Sanu) Dev, Esq. In the context of labor negotiations, health benefits is an important issue to both sides of the bargaining table. On January 22, 2018, Congress passed and the President signed into law a two-year delay on the Affordable Care Act’s (“ACA”) 40% excise tax on health care plans, also known as the Cadillac tax. The 40% excise tax applies to the amount by which the cost of coverage exceeds certain monetary thresholds. For individual and family coverage, the annual premium thresholds are $10,800 and $29,500, respectively. The tax was initially slated to go into effect January 1, […]

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