A Capehart Scatchard Blog

N.J. District Court Issues Post-Janus Decision on WDEA

By on January 7, 2020 in Labor & Employment with 0 Comments

On May 18, 2018, the New Jersey Governor signed into law the Workplace Democracy Enhancement Act (“WDEA”), which allows union employees to withdraw from the union and cease paying dues upon notice to the employer during the 10 days following each anniversary date of their employment. On June 27, 2018, the United States Supreme Court issued its decision in Janus, holding that public-sector unions may no longer extract agency fees from non-consenting employees. On December 27, 2019, the U.S. District Court for the District of New Jersey issued a decision in Thulen v. AFSCME regarding union members’ argument that the […]

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Governor to Sign Bill to Ban Hair Discrimination

By on December 31, 2019 in Legislation 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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Third Circuit Clarifies Law on Independent Evaluation Requests & Need for Disagreement with District Eval

By on December 16, 2019 in Special Education/504 with 0 Comments

Occasionally, school district child study teams (“CSTs”) are faced with special education parents who are resistant to allowing the CST to evaluate their child, yet demand independent evaluations from an outside evaluator at the school district’s expense.  In such circumstances, districts were often faced with a dilemma – either acquiesce to such demands, or file for due process themselves and incur legal fees to resist such requests, or deny the parent’s request without filing for due process and risk an Administrative Law Judge (“ALJ”) finding that the district committed a procedural violation.  This is because previous decisions of the Office […]

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Commissioner of Education Upholds Finding of HIB for Comments Related to Physical Strength

By on December 12, 2019 in Students with 0 Comments

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, […]

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Upcoming Seminar: School Law – Social Media and Apps, Cyberbullying, Privacy, and Other Technology

By on October 12, 2019 in Seminars, Students with 0 Comments

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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Lunch Debt Debacle – Part II

By on September 6, 2019 in Students with 0 Comments

By: Lauren E. Tedesco, Esq.Editor: Sanmathi (Sanu) Dev, Esq. Strengthening policies and procedures for outstanding lunch debt is one of the most important steps a school district can take in order to minimize the overall outstanding debt.  In addition to the statutory notice provisions to parents/guardians discussed in Part I of this article series, school districts should also ensure that parents/guardians are aware of the National School Lunch Program, which provides a free or reduced price lunch to children from households meeting criteria for eligibility.  Free/Reduced Lunch applications can be provided to parents/guardians and submitted at any time during the […]

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Lunch Debt Debacle – Part 1

By on August 30, 2019 in Students with 0 Comments

By: Lauren E. Tedesco, Esq.Editor: Sanmathi (Sanu) Dev, Esq. Amassing lunch debt within school districts is not a unique circumstance.  In fact, in our practice representing school districts it is a relatively common occurrence.  Recently, a South Jersey school district came under scrutiny for proposing what has been dubbed the “Tuna Sandwich Policy” where a student whose lunch account is more than $10 in arrears would be provided a tuna sandwich for lunch as an alternate lunch in lieu of the lunch regularly provided and available.  Those who oppose the proposed policy argue that students who receive a tuna sandwich […]

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Upcoming Seminar at NJSBA Annual Conference

By on August 12, 2019 in Seminars, Students with 0 Comments

On Thursday, October 24, 2019, Sanmathi (Sanu) Dev, Esq. will be presenting at the New Jersey School Boards Association’s Annual Conference in Atlantic City, New Jersey. She will be speaking about legal issues pertaining to Title IX and Affirmative Action.

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Elimination of Salary Caps for Superintendents of Schools Signed Into Law Effective Immediately

By on July 31, 2019 in Labor & Employment with 0 Comments

By: Cameron R. Morgan, Esq.Editor: Sanmathi (Sanu) Dev, Esq. On July 19, 2019, Governor Murphy signed new legislation, L. 2019, c. 169 (S-692 / A-3775), which eliminated the cap on maximum base salaries for superintendents of schools which had been in effect since February 2011.  At time of the new law’s passage, subject to several potential modifications allowable under law, the salary cap levels had been set by administrative regulations of the Commissioner of Education at $147,794 for schools districts with enrollments of 749 students or less, $169,689 for districts with enrollments of 750 to 2,999, or $191,584 for districts […]

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New Jersey Supreme Court Rules on Student Records Issue – Part 2

By: Zachary M. Wildsmith, Esq.Editor: Sanmathi (Sanu) Dev, Esq. In last week’s article, we discussed the New Jersey Supreme Court’s decision in L.R. v. Camden City Public School District, focusing on the Court’s decision to extend the protections for student records under the New Jersey Pupil Records Act (“NJPRA”) to include redacted records. In its decision in L.R., the Court also affirmed the Appellate Division’s holding that a requestor could gain access to student records if they fell within one of the categories of “authorized” individuals and entities identified in N.J.A.C. 6A:32-7.5(e)(1) through (16). Specifically, the Appellate Division suggested, that […]

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