Students
Appellate Division Affirms Dismissal of NJLAD Claim for Sexual Assault on a School Bus
By: Becky Batista, Law Clerk Editor: Sanmathi (Sanu) Dev, Esq. On June 13, 2022, the New Jersey Appellate Division issued a published decision on an issue of first impression in C.V. v. Waterford Township Board of Education, where the Court addressed whether the New Jersey Law Against Discrimination (“LAD”) applies to claims arising from a sexual predator’s abuse against a young schoolgirl where such conduct was committed on a school bus. Based on the undisputed facts of this case, the Appellate Division concluded that the LAD did not apply because there was no evidence that gender motivated the assault. This […]
Seventh Circuit Holds University’s Mandatory COVID Vaccination Policy Does Not Violate Constitutional Rights
By: Gitika Kapoor, Law ClerkEditor: Sanmathi (Sanu) Dev, Esq On August 2, 2021, the Seventh Circuit Court of Appeals in Klaassen v. Trustees of Indiana University held that Indiana University, a public educational institution, may continue its policy to require students to be fully vaccinated against COVID-19 in order to return to campus for the fall semester. The Court held that the vaccine requirement does not violate a student’s substantive due process rights under Fourteenth Amendment of the United States Constitution. Indiana University’s COVID-19 vaccine mandate offers two exemptions: medical and religious. In light of safety concerns arising from the risk […]
First Amendment: U.S. Supreme Court Narrows the Right of Schools to Discipline Off Campus Speech
By: Gitika Kapoor, Law ClerkEditor: Sanmathi (Sanu) Dev, Esq. The Supreme Court of United States ruled on June 23, 2021 that a Pennsylvania public school district violated a student’s First Amendment rights by punishing her for posting a vulgar message on social media while off-campus and off school hours. In reaching this decision in Mahanoy Area School District v. Levy, the Court considered that the speech was made off campus and did not involve school infrastructure. Moreover, it did not cause substantial disruption because while it upset a few students and was a topic of discussion for a few days, […]
USDOE Issues Notice of Interpretation on Title IX’s Prohibition on Sex Discrimination
By: Sean P. Dugan, Law ClerkEditor: Sanmathi (Sanu) Dev, Esq. On June 16, 2021, the U.S. Department of Education (USDOE) issued a notice of interpretation that it will enforce Title IX’s prohibition on discrimination on the basis of sex to include discrimination based on sexual orientation and discrimination based on gender identity. The USDOE based its interpretation on the Bostock v. Clayton County case, which the United States Supreme Court decided on June 15, 2020. In Bostock, the Court looked at three cases, two cases where employees were fired after they revealed that they are homosexual, and one where an […]
Ban Parents from School Campuses Only as Last Resort
Lauren E. Tedesco-Dallas, Esq., a shareholder in the firm’s School Law Group, was recently interviewed by Special Ed Connection on the topic of banning parents from school campuses. To view the PDF version of the article, please click here.
Offer Reasonable Accommodations for Students Who are Unable to Wear Face Coverings
Lauren E. Tedesco, Esq., a shareholder in the firm’s School Law Group, was recently interviewed by Special Ed Connection on the topic of accommodations for students who are unable to wear face coverings. To view the PDF version of the article, please click here.
New Obligation to Meet With Students Facing Multiple Suspensions or Expulsion
On January 21, 2020, Governor Murphy signed legislation requiring that a meeting take place with a student who has experienced multiple suspensions or who may be subject to a proposed expulsion for the purpose of identifying any behavior or health difficulties experienced by the student and, where appropriate, to provide supportive interventions or referrals to school or community resources that may assist the student in addressing the identified difficulties. The principal is charged with setting up the meeting as soon as practicable between the student and a school psychologist, counselor, social worker, student assistance coordinator or a member of the […]
USDOE and USHHS Issue Joint Guidance on Application of FERPA and HIPAA to Student Health Records
In December 2019, the U.S. Department of Education (“USDOE”) and U.S. Department of Health and Human Services (“USDHHS”) jointly issued a 26-page document, providing updated guidance on the application of the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. § 1232g, 34 C.F.R. Part 99, and the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), see 45 C.F.R. Parts 160, 162, and 164 (the “HIPAA Rules”), and their application to student health records. The updated guidance provides a basic overview of each of the two federal statutes, as well as 27 frequently asked questions (“FAQs”). The new guidance […]
Commissioner of Education Upholds Finding of HIB for Comments Related to Physical Strength
In a case successfully defended by Sanu Dev, Esq., the Hainesport Township Board of Education’s (“Board”) determination of harassment, intimidation, and bullying (“HIB”) was upheld by the New Jersey Commissioner of Education (“Commissioner”) on June 19, 2019. In the case captioned M.S. and N.S. o/b/o J.S. v. Hainesport Township Board of Education, the parents of J.S. appealed the Board’s decision finding that J.S. violated the Anti-Bullying Bill of Rights Act (“ABBRA”) and committed an act of HIB when J.S. slammed another student’s Chromebook, pulled on his earbuds, called him “weakling,” and commented on the student’s athletic ability, using the phrase, […]
Upcoming Seminar: School Law – Social Media and Apps, Cyberbullying, Privacy, and Other Technology
On Wednesday, December 11, 2019, Sanmathi (Sanu) Dev, Esq. will be presenting at the National Business Institute’s seminar entitled “Social Media and Apps, Cyberbullying, Privacy, and Other Technology.” Her presentation will focus on First Amendment issues and disciplining students in the age of social media. The seminar will be held in Cherry Hill, New Jersey.
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