Passage of Chapter 79 Makes Subcontracting More Cumbersome
Passage of Chapter 79 places new restrictions on a school district’s ability to subcontract work performed by its existing employees. Chapter 79, which was approved on September 11, 2020 and became effective immediately, prohibits a school district from entering into a subcontracting agreement affecting the employment of any employees in a collective bargaining unit during the term of an existing collective bargaining agreement (“CBA”). A district may enter into a subcontracting agreement for a period following the term of the current CBA if the district: provides written notice to the majority representative of employees in each collective bargaining unit which […]
Second Circuit Holds FBAs Are Not “Evaluations” for Purposes of Special Ed Parents’ Independent Evaluation Requests
In a precedential opinion sure to make waves in the special education community, on September 17, 2020, in D.S. v. Trumbull Board of Education, 120 L.R.P. 133 (2d Cir. 2020), the Second Circuit Court of Appeals held that functional behavioral assessments (“FBAs”) of special education students conducted by a public school district are not “evaluations” capable of triggering a parent’s right to request an independent educational evaluation (“IEE”) from the district by an outside evaluator, at public expense. The case puts front and center an issue of first impression that has rarely been addressed in the district courts of the […]
Exhaustion of Administrative Remedies May Not Apply to Section 504 Claims
On September 23, 2020, the Ninth Circuit Court of Appeals ruled in McIntyre v. Eugene School District that the exhaustion of administrative remedies is not required when the claims do not allege a denial of a free appropriate public education (“FAPE”) as defined by the Individuals with Disabilities Education Act (“IDEA”). The case involved a student with attention deficit disorder who alleged that her school district violated Section 504 of the Rehabilitation Act and the Americans with Disabilities Act when it did not provide her with disability-related testing accommodations and failed to follow an emergency health protocol. In the complaint, […]
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.
EEOC Clarifies Allowable COVID 19 Testing For Employees
Below is an article written by my colleague, Ralph R. Smith, Esq., Co-Chair of our firm’s Labor & Employment Group. 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. Over the last several months, the Equal Employment Opportunity Commission (“EEOC”) has continued to refine its past issued Guidances on what employers can do to safeguard employees from COVID-19 workplace exposure. One such measure that employers can utilize is mandating that all employees be tested for COVID-19. But previously the EEOC never said what type of testing can be done. […]
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 […]
NJDOE Issues Guidance on ESY 2020 During COVID-19 Pandemic
On June 12, 2020, the New Jersey Department of Education (“NJDOE”) provided guidance to school districts on the delivery of extended school year (“ESY”) services to eligible students with disabilities during the COVID-19 pandemic. The NJDOE’s guidance was in response to the Governor’s recent Executive Order 149 allowing for in-person ESY programming beginning on or after July 6, 2020. Pursuant to the Individuals with Disabilities Education Act (“IDEA”) and corresponding New Jersey regulations, once a school district determines that a student with disability requires additional educational services during the summer, the school district is required to include an ESY program […]
COVID-19 and The High Risk Employee
Editor: Sanmathi (Sanu) Dev, Esq. Below is an article written by my colleague, Ralph R. Smith, Esq., Co-Chair of our firm’s Labor & Employment Group. 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. With businesses reopening thanks to modifications of state stay at home orders, employers are beginning to contemplate what their new work environments will look like when employees return. Over the past several months, the Equal Employment Opportunity Commission (‘EEOC”) has provided guidance to employers regarding the ways that a company can safeguard its […]
CDC Issues Interim Guidance for Opening of Schools Following COVID-19 Closures
Earlier this week the Center for Disease Control and Prevention (“CDC”) released guidance for K-12 school administrators on the reopening of schools. The guidance is titled “Interim Guidance for Resuming Schools and Day Camps.” The largest section of the guidance is the Social Distancing section which encouraging schools to promote social distancing to the fullest extent possible. Steps 1 and 2 of the promotion of social distancing include suggestions, such as student and staff groupings remaining static (same students with same staff members), cancelling of field trips, inter-group events and extracurricular activities, limitations on gatherings, and restrictions on non-essential visitors […]
N.J. Supreme Court Decides Issue on Compensation for Unused Sick Time
On April 20, 2020, the New Jersey Supreme Court issued an important decision regarding a teacher’s right to compensation for unused sick leave at the time of retirement or separation from a board of education. In Barila v. Board of Education of Cliffside Park, the State’s Supreme Court held that the unambiguous terms of the collective bargaining agreement between the teachers’ union and the board of education dictated the right to sick leave compensation upon retirement and such agreement did not violate a vested right. The Cliffside Park Education Association (“Association”) is the exclusive collective bargaining representative for all teachers […]
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