A Capehart Scatchard Blog

School District Granted Emergent Relief to Conduct Psychiatric Evaluation and Place Student in an Alternative Interim Setting

On November 23, 2015, Administrative Law Judge Caridad F. Rigo granted the Clifton Board of Education’s Request for Emergent Relief to complete a psychiatric evaluation of a special education student and to place her in an alternative interim educational setting due to escalating behaviors.  Clifton Bd. of Educ. v. K.M. o/b/o K.M., OAK Dkt. No. EDS 18260-15, Agency Dkt. No. 2016-23665, 2015 N.J. AGEN LEXIS 576 (Nov. 23, 2015).  K.M. was an eighth grade female student classified as emotionally disturbed eligible for behavior plans, counseling, among other interventions.  K.M. exhibited significant behavioral and discipline issues.  K.M. had been suspended from […]

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OPRA Does Not Authorize Anonymous Filings in Superior Court

By on December 11, 2015 in Open Public Records Act with 0 Comments

In a published decision dated September 17, 2015, the New Jersey Appellate Division in A.A. v. Gramiccioni, et al., 442 N.J. Super. 276 (2015) affirmed the trial court’s determination that, under the New Jersey Open Public Records Act (“OPRA”), an individual may not anonymously file a complaint in Superior Court.  OPRA governs the public’s access to government records in New Jersey. Public agencies, including school districts and charter schools, must comply with OPRA, which requires disclosure of a government record unless a specific exception applies. An individual who believes that a public agency improperly denied his or her OPRA request may […]

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IDEA Does Not Limit Compensatory Education Claims to Two Years

On September 22, 2015, the Third Circuit Court of Appeals issued a decision that will have widespread implications for New Jersey school districts in defending against claims brought by parents of special education students pursuant to the Individuals with Disabilities Education Act (“IDEA”).  The IDEA authorizes the courts to award compensatory education as remedy to a special education student who is successful in his or her claim that a public school district deprived the student of a free appropriate public education (“FAPE”).  For numerous years, school districts relied upon the two-year statute of limitations set forth in §1415(f)(3)(C) of the […]

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