Proactive Representation Part II: Proving a Case for Emergent Relief on Behalf of a School District
By: Cameron R. Morgan, Esq. Editor: Sanmathi (Sanu) Dev, Esq. In last week’s segment, we discussed the importance of filing for due process and seeking emergent relief on behalf of a school district when the parents of a child receiving special education and related services take action, or refused to take action, in a way that prevents the district from fulfilling its legal obligation under the Individuals with Disabilities Education Act (“IDEA”) to provide the child with his or her right to a free and appropriate public education (“FAPE”). Today, we discuss the mechanics of doing so and highlight the […]
Proactive Representation Part I: Knowing When to File for Due Process or Seek Emergent Relief on Behalf of a School District
By: Cameron R. Morgan, Esq. Editor: Sanmathi (Sanu) Dev, Esq. In the increasingly litigious world of special education, New Jersey school districts and Board attorneys are generally accustomed to being on the receiving end of lawsuits with parents. Yet, understanding how and under what circumstances to file for due process or seek emergent relief can be just as important to ensuring your district is legally compliant as defending a due process petition filed by a parent. Special education practitioners representing districts that are facing uncooperative parents would do well to remember one thing: when parents place the child study team […]
Cadillac Tax on Health Care Plans Delayed Again
By: Robert A. Muccilli, Esq. 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 […]
Appellate Division Expands Right to Electronically Stored Information Under OPRA
In June 2017, the New Jersey Supreme Court in Paff v. Galloway Township expanded the scope of the Open Public Records Act (“OPRA”) to require public entities to produce information relating to the “sender,” “recipient,” “date,” and “subject” of emails even if that means the agency would need to create a new document. On January 12, 2018, the New Jersey Appellate Division continued to expand the right to electronically stored information under OPRA in the published decision Conley v. New Jersey Department of Corrections, Docket No. A-4754-14T3. The legal question before the Appellate Division in this case was whether data […]
Legislature Revises Requirements for Use of Restraints on Disabled Students
Educational facilities, including public school districts, may use physical restraints to support students with disabilities experiencing significant behavioral difficulties. Such interventions must be implemented by trained personnel. On January 8, 2018, the New Jersey Legislature approved Senate Bill 1163, which updated the requirements for use of restraints on students with disabilities in school districts, educational services commissions, and approved private schools for students with disabilities. As a threshold matter, physical restraint is defined as the “use of a personal restriction that immobilizes or reduces the ability of a student to move all or a portion of his or her body.” […]
OPRA Does Not Require Disclosure of Reasons for Public Employee’s Voluntary Resignation
By: Cameron R. Morgan, Esq. Editor: Sanmathi (Sanu) Dev, Esq. In a case construing the “personnel records” exception to the Open Public Records Act (“OPRA”), the Appellate Division recently held that OPRA does not require disclosure of detailed reasons for a government employee’s resignation, where public records do not contain such information. There are 21 exceptions to the definition of a “government record” under the OPRA statute, few of which are as frequently the source of litigation as the exception for personnel records. This is most likely because there are three exceptions to that exception itself, two of which permit […]
Appellate Division Finds Parent Liable for Tuition Payment to School District for Lack of Domicile
On December 27, 2017, the New Jersey Appellate Division affirmed the Commissioner of Education’s determination in T.L. o/b/o A.B. v. Union Township Board of Education that a parent and her child were not domiciled within the Union Township School District for two school years and therefore her child was not entitled to a free public education in that district. As a result, the parent was ordered to reimburse the Union Township Board of Education (“Board”) for the cost of the child’s education for that time period. The case involved parent T.L. and her child A.B. For the 2014-2015 and 2015-2016 […]
U.S. DOE Issues Q&A on Endrew F. Case
On March 22, 2017, the United States Supreme Court decided the case of Endrew F. v. Douglas County School District in which it revised the national standard for determining whether a special education student has received a free appropriate public education (“FAPE”) under the Individuals with Disabilities Education Act (“IDEA”). On December 7, 2017, the United States Department of Education (“DOE”) issued a Questions and Answers (“Q&A”) document on this important case. In short, the Endrew F. Court held, “To meet its substantive obligation under the IDEA, a school must offer an [individualized education program] reasonably calculated to enable a child […]
Appellate Division Limits Attorneys’ Fees in OPRA Case
On November 27, 2017, the New Jersey Appellate Division in Kennedy v. Montclair Center Corporation Business Improvement District issued an unpublished decision in which it determined that the Open Public Records Act (“OPRA”) does not entitle a plaintiff to attorneys’ fees after the public agency satisfied his document request. Scott Kennedy made an OPRA request to the Montclair Center Corporation Business Improvement District (“Montclair Center”). Not having received an adequate response, Kennedy filed suit against the Montclair Center alleging that it had no OPRA custodian, had no OPRA request form, and charged excessive copying costs in violation of OPRA. After […]
Parent’s Untimely Notice Does Not Automatically Bar Tuition Reimbursement Claim
By: Cameron R. Morgan, Esq. Editor: Sanmathi (Sanu) Dev, Esq. One of the most common scenarios giving rise to special education litigation is a due process petition filed by parents against their school district in order to seek tuition reimbursement for the costs of a private school, after the parents have unilaterally placed the child in the out-of-district placement. Bringing a motion to reduce or deny tuition reimbursement, if it can be shown that the parents failed to timely provide the notice, has traditionally been one of the simplest and most effective defenses a school district can assert in defending […]
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