A Capehart Scatchard Blog

Tag: administrative law

Appellate Division Upholds Findings of School Ethics Violations

By on May 24, 2017 in School Ethics Act with 0 Comments

On May 22, 2017, the New Jersey Appellate Division in Lowell v. Smallwood affirmed the Commissioner of Education’s decision that a board of education member violated various provisions of the School Ethics Act (“Act”) for her dealings with a potential candidate for superintendent. Specifically, the board member violated N.J.S.A. 18A:12-24.1(c) and (e) for acting beyond the scope of her authority and making personal promises. Felicia Simmons, Geneva Smallwood, and Corey Lowell were members of the Asbury Park Board of Education (“Board”). Lowell initiated a complaint with the School Ethics Commission (“SEC”) asserting that Simmons and Smallwood violated the Act. Lowell […]

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Appellate Division Approves Dual Send-Receive Relationship

By on May 9, 2017 in Students with 0 Comments

In an unpublished decision issued on May 4, 2017, the New Jersey Appellate Division affirmed the final agency decision of the Commissioner of Education (“Commissioner”) approving the send-receive relationship between the Seaside Park Board of Education (“Seaside Park”) and the Lavallette Board of Education (“Lavallette”). The decision captioned In the Matter of the Petition for Authorization to Enter into a Sending-Receiving Relationship with the Board of Education of the Borough of Lavallette, Ocean County allows Seaside Park to send its students to Lavallette while maintaining its existing send-receive agreement with the Toms River Regional Schools Board of Education (“Toms River”). […]

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ALJ Finds Student Entitled to Section 504 Plan for Celiac Disease

By on April 25, 2017 in Special Education/504 with 1 Comment

On March 7, 2017, an Administrative Law Judge in K.I. o/b/o K.I. v. Moorestown Township Board of Education found that the Board violated Section 504 of Rehabilitation Act of 1973 by failing to offer a Section 504 plan to address the student’s celiac disease. The ALJ held that the Board failed to offer a free appropriate public education (“FAPE”) under Section 504 when it offered an individualized healthcare plan (“IHP”) instead of a Section 504 plan to address the student’s medical condition. The student was in elementary school when she was first diagnosed with celiac disease, an autoimmune disease in […]

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Commissioner of Education Dismisses Cases Against Superintendent for Lack of Jurisdiction

By on April 18, 2017 in Labor & Employment with 1 Comment

On March 30, 2017, the New Jersey Commissioner of Education (“Commissioner”) in Chiodi v. Eitner affirmed an Administrative Law Judge’s (“ALJ”) decision dismissing cases brought by three teachers against Superintendent Jason Eitner of the Waterford Township Board of Education (“Board”) due to a failure to state a claim upon which relief can be granted. The teachers sought to revoke the Superintendent’s certificate for conduct unbecoming based on allegations of sexual harassment, age discrimination, and bullying. In short, the cases were dismissed for lack of jurisdiction. The teachers alleged that the Superintendent discriminated against them, invaded their privacy, and violated school […]

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U.S. Supreme Court Rules Exhaustion of Administrative Remedies Not Required in Non-FAPE Cases

In a long awaited case involving a student requesting the use of a service dog in school, the United States Supreme Court unanimously ruled on February 22, 2017 in Fry v. Napoleon Community Schools that parents are not required to exhaust administrative remedies under the Individuals with Disabilities Education Act (“IDEA”) when the heart of their complaint does not allege a denial of a free appropriate public education (“FAPE”). This case involved a student with cerebral palsy who qualified for special education and related services under the IDEA when she attended a public school in Michigan. As a result, she […]

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Commissioner of Education Finds Student Not Victim of HIB

By on January 9, 2017 in Students with 0 Comments

Most harassment, intimidation, and bullying (“HIB”) investigations arise from allegations by a student against another student. However, New Jersey school districts must also investigate HIB allegations by a student against a staff member. On December 21, 2016, in M.R. o/b/o M.R. v. Board of Education of the Ramapo Indian Hills Regional High School District, the New Jersey Commissioner of Education upheld an Administrative Law Judge’s determination that a cheerleading coach’s conduct did not constitute HIB and did not violate the Anti-Bullying Bill of Rights Act because the conduct was not based on any actual or perceived distinguishing characteristic. Student M.R. […]

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Board of Education Required to Pay Back $3.8M to Teachers’ Pension Fund

By on December 27, 2016 in Labor & Employment with 0 Comments

On December 22, 2016, the New Jersey Appellate Division in Middletown Township Board of Education v. Division of Pensions and Benefits affirmed the Board of Trustees of the Teachers’ Pension and Annuity Fund’s determination that the Middletown Township Board of Education offered an unauthorized early retirement incentive to its employees. The decision requires the Board to pay back approximately $3.8 million to the teachers’ pension fund. In October 2007, the Middletown Township Board of Education (“Board”) approved a Sidebar Agreement with the Middletown Township Education Association (“Association”) modifying the collective bargaining agreement between the Board and the Association. The Sidebar […]

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Non-Renewal Provision in Superintendent’s Contract Voided

By on December 13, 2016 in Labor & Employment with 0 Comments

On December 1, 2016, the New Jersey Commissioner of Education (“Commissioner”) upheld an Administrative Law Judge’s determination to invalidate a non-renewal provision contained in a Superintendent’s contract. In Richardson v. Gangadin and Jersey City Education Association v. Jersey City Board of Education, the Commissioner found that a board of education and a Superintendent may not alter the statutory requirements governing the renewal of a Superintendent’s contract. N.J.S.A. 18A:17-20.1 provides, in part, that a Superintendent will be automatically reappointed or renewed unless the board of education affirmatively provides timely notice.  Such notice must be 30 days for each year in the […]

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School Ethics Act Violated Regarding Disclosure Statements

By on November 29, 2016 in School Ethics Act with 0 Comments

In November 2016, the New Jersey Commissioner of Education (“Commissioner”) upheld three decisions by the School Ethics Commission that various board members violated the School Ethics Act for failing to timely file their Personal/Relative and Financial Disclosure statements. N.J.S.A. 18A:12-25 and 26 require school board and charter school board members to annually file with the School Ethics Commission disclosure statements regarding their employment, financial interests, and sources of income. Moreover, these provisions of the School Ethics Act mandate that board members also disclose similar information regarding their relatives. Financial disclosure statements must be filed on or before April 30 of […]

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Commissioner of Education Finds Violation of Consent Requirements for Administering Student Surveys

By on November 15, 2016 in Students with 0 Comments

On October 24, 2016, the New Jersey Commissioner of Education (“Commissioner”) upheld an Administrative Law Judge’s (“ALJ”) decision that the Ocean Township Board of Education (“Board”) violated a state education statute which requires school districts to obtain informed written consent prior to administering a student survey. However, the Commissioner rejected the ALJ’s decision to impose a monetary penalty against the Board. In Green v. Board of Education of the Township of Ocean, the parents of sixth-graders successfully argued that the Board failed to obtain written informed consent in violation of N.J.S.A. 18A:36-34. Pursuant to the Board’s policy and practice at […]

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