A Capehart Scatchard Blog

What You Need to Know About OCR Complaints & Investigations – Part 1

By on March 27, 2018 in Other with 0 Comments

By: Lauren E. Tedesco, Esq. Editor: Sanmathi (Sanu) Dev, Esq. The Office for Civil Rights (“OCR”) is the federal agency charged with enforcing anti-discrimination laws in programs or activities that receive federal financial aid from the United States Department of Education (“USDOE”). The OCR investigates alleged discrimination on the basis of race, color, and national origin pursuant to Title IV of the Civil Rights Act of 1964; sex discrimination pursuant to Title IX of the Education Amendments of 1972; discrimination on the basis of disability pursuant to Section 504 of the Rehabilitation Act of 1973; and age discrimination pursuant to […]

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Commissioner of Education Rejects Settlement Agreement to Terminate Send-Receive Agreement

By on March 20, 2018 in Other with 0 Comments

It should be easy to end a send-receive relationship between two boards of education when they both agree to sever ties – right? Not so fast, says the New Jersey Commissioner of Education (“Commissioner”) in a decision issued on February 9, 2018 in Mine Hill Board of Education v. Dover Board of Education. The Commissioner rejected a settlement agreement reached between two boards of education to terminate a send-receive relationship for failing to follow the rules regarding termination. The Mine Hill Board of Education (“Mine Hill”) wanted to modify its send-receive relationship with the Dover Board of Education (“Board”) and […]

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ALJ Grants IEE Due to District’s Failure to File for Due Process

The New Jersey regulations under N.J.A.C. 6A:14-2.5(c) address the rights of a parent of a special education student to an independent educational evaluation (“IEE”) at the school district’s expense. A decision issued by a New Jersey Administrative Law Judge (“ALJ”) on January 9, 2018 in S.S. and M.S. o/b/o H.S. v. Hillsborough Township Public School District highlights the importance of complying with procedural requirements if a school district wishes to deny a parent’s request for an IEE. On June 6, 2017, the parents in this case requested an IEE performed at the Hillsborough Township Public School District’s (“District”) expense. The District notified […]

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Appellate Division Addresses Rights of Part-Time Teachers Under Tenure Act

By on March 6, 2018 in Labor & Employment with 0 Comments

By: Robert A. Muccilli, Esq. Editor: Sanmathi (Sanu) Dev, Esq. Educational service commissions sometimes employ part-time teachers to work in public and non-public schools. The Sussex County Educational Services Commission (“Commission”) reduced the number of hours worked by part-time teachers but did not alter the hourly rate of pay. In Zimmerman et al. v. Sussex County Educational Services Commission two teachers challenged the action arguing that their tenure and seniority rights were violated. The Commissioner of Education (“Commissioner”) sided with the Commission by determining that the decrease in work hours did not reduce the teachers’ compensation or trigger their seniority rights […]

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Third Circuit Upholds Dismissal of Parents’ Complaint for Failure to Exhaust Administrative Remedies – Again

By on February 27, 2018 in Special Education/504 with 0 Comments

In the last year, our federal courts have addressed the exhaustion of administrative remedies requirement for parents who bring claims against a school district on behalf of a disabled student under Section 504 of the Rehabilitation Act (“Section 504”). Notably, the U.S. Supreme Court ruled in February 2017 in Fry v. Napoleon Community Schools that parents are required to exhaust administrative remedies under the Individuals with Disabilities Education Act (“IDEA”) when the heart of their complaint alleges a denial of a free appropriate public education (“FAPE”). The Third Circuit Court of Appeals, which applies to New Jersey, recently applied the […]

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Draft Meeting Minutes Not Subject to Disclosure Under OPRA

By on February 20, 2018 in Open Public Records Act with 0 Comments

By: Robert A. Muccilli, Esq. Editor: Sanmathi (Sanu) Dev, Esq. Now and then even the Government Records Council (“GRC”) is sued. In a published decision issued on January 26, 2018 by the New Jersey Appellate Division in Libertarians for Transparent Government v. Government Records Council and Frank Caruso, the plaintiff alleged that the GRC violated the Open Public Records Act (“OPRA”) and the common law by failing to produce draft minutes of a GRC meeting. Finding that the draft minutes were protected by the deliberative process privilege, the trial court rejected the plaintiff’s claims. The plaintiff appealed. On appeal, the plaintiff […]

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SEC Issues Advisory Opinion on Board Member Who is a Current Student

By on February 13, 2018 in Board Members with 0 Comments

In January, numerous individuals took the oath of office to officially begin their service as a school board member. Potential conflict of interest issues are never ending. On January 3, 2018, the New Jersey School Ethics Commission (“SEC”) issued Advisory Opinion 36-17 which addressed questions pertaining to a newly elected board of education member who is also a current student within the same school district. The individual in question is an eighteen year old, twelfth grade student currently enrolled in the school district. The individual also serves as the Senior Class President and is a member of the Principal’s Advisory […]

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Proactive Representation Part II: Proving a Case for Emergent Relief on Behalf of a School District

By on February 6, 2018 in Special Education/504 with 0 Comments

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 […]

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Proactive Representation Part I: Knowing When to File for Due Process or Seek Emergent Relief on Behalf of a School District

By on January 30, 2018 in Special Education/504 with 0 Comments

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 […]

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Cadillac Tax on Health Care Plans Delayed Again

By on January 24, 2018 in Legislation with 0 Comments

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 […]

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