A Capehart Scatchard Blog

Tag: administrative law

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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Commissioner of Education Rules that Rights of Tenured Part-Time Teachers Not Violated

By on October 18, 2016 in Labor & Employment with 0 Comments

Petitioners Beryl Zimmerman and Judy Comment were employed by the Sussex County Educational Services Commission (“Sussex County”) as tenured part-time teachers for numerous years. For the 2014-2015 school year, Sussex County reduced Petitioners’ weekly assigned hours of work from their 2013-2014 school year levels. Petitioners filed a Petition of Appeal claiming that Sussex County violated their tenure and seniority rights when their compensation was effectively reduced. On October 4, 2016, the New Jersey Commissioner of Education affirmed the Administrative Law Judge’s decision that this action did not violate Petitioners’ rights in Zimmerman v. Sussex County Educational Services Commission, OAL Dkt. […]

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Out-of-District Placement Not Required to Utilize Aides Preferred by Sending District

By on October 5, 2016 in Special Education/504 with 1 Comment

In Trenton Board of Education v. Mercer County Special Services School District, OAL DKT. NO. EDU 16465-15, AGENCY DKT. NO. 306-10/15 (Sept. 20, 2016), the Trenton Board of Education (“Trenton”) sought to supply individual aides through a contracted vendor for its special education students who are placed out-of-district at the Mercer County Special Services School District (“Special Services”), rather than rely on Special Services to hire and provide the aides. Trenton believed it could provide the aides at a less expensive rate than Special Services. However, the New Jersey Commissioner of Education, who affirmed the Administrative Law Judge’s decision, rejected […]

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

By on September 21, 2016 in Special Education/504 with 0 Comments

Parents who bring claims on behalf of a disabled student under the Individuals with Disabilities Act (“IDEA”) against a school district are first required to follow the administrative process. In New Jersey, IDEA claims must first be filed with the State’s Office of Special Education Programs, and then the case is transmitted to the Office of Administrative Law for a due process hearing and disposition. A parent who disagrees with the Administrative Law Judge’s decision may then file an appeal in federal court. Are parents required to exhaust this same administrative process when they allege violations under Section 504 of the […]

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Student Loses Stay-Put When Moving to New School District

Stay-put is the last agreed upon placement for a special education student. According to a recent decision issued by the U.S. District Court of New Jersey in Cinnaminson Township Board of Education v. K.L., 2016 U.S. Dist. LEXIS 104706 (D.N.J. Aug. 9, 2016), a student loses stay-put when he or she moves from one school district to another. During the 2013-2014 school year, special education student R.L. resided within the Berlin Borough Township Board of Education (“Berlin”). During that school year, R.L.’s parent filed for due process against Berlin regarding R.L.’s educational placement. Ultimately, on October 28, 2014, R.L.’s parent […]

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Personal Conflict Without Distinguishing Characteristic Not HIB

By on July 19, 2016 in Students with 0 Comments

School districts frequently grapple with determining whether a student’s conduct constitutes harassment, intimidation, or bullying (“HIB”) under the New Jersey Anti-Bullying Bill of Rights Act (“ABBR”). On June 22, 2016, the Commissioner of Education (“Commissioner”) in R.A. o/b/o B.A. v. Hamilton Township Board of Education affirmed the Administrative Law Judge’s (“ALJ”) decision that personal conflict not based on any distinguishing characteristic among students who were previously friends did not rise to the level of HIB. The alleged target was a middle school female student who claimed that her former friends bullied her over the course of two years. She alleged […]

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