A Capehart Scatchard Blog

Tag: Commissioner of Education

How Has the Anti-Bullying Bill of Rights Act Affected the Litigation Environment?

By on April 17, 2018 in Other with 0 Comments

By: Cameron R. Morgan, Esq. Editor: Sanmathi (Sanu) Dev, Esq. It is almost hard to believe we are now in the seventh school year since the New Jersey Anti-Bullying Bill of Rights Act (“ABBRA”) took effect.  At the time of the statute’s passage on January 5, 2011, many speculated that the wave of investigations into harassment, intimidation, and bullying (“HIB”) that were soon to be conducted in high numbers in the early years of the statute’s implementation would also be accompanied by a large and continuous wave of HIB litigation.  Some even opined that the law would spawn a new […]

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Appellate Division Affirms Commissioner of Education’s Remand of HIB Case Involving Employee

By on April 10, 2018 in Other with 0 Comments

A school district staff member was a teacher and former wrestling coach employed by the Hunterdon Central Regional School District Board of Education (“Board”). He was the subject of a harassment, intimidation, and bullying investigation (“HIB”) due to a complaint that during a wrestling camp he stated to a special education student, on two occasions, that he hoped the student did not have access to any weapons or keys to the gun closet. The school district determined that the teacher’s actions constituted HIB. As a result of a series of appeals, the New Jersey Appellate Division on March 1, 2018 […]

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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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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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Appellate Division Finds Parent Liable for Tuition Payment to School District for Lack of Domicile

By on January 5, 2018 in Students with 0 Comments

On December 27, 2017, the New Jersey Appellate Division affirmed the Commissioner of Education’s determination in T.L. o/b/o A.B. v. Union Township Board of Education that a parent and her child were not domiciled within the Union Township School District for two school years and therefore her child was not entitled to a free public education in that district. As a result, the parent was ordered to reimburse the Union Township Board of Education (“Board”) for the cost of the child’s education for that time period. The case involved parent T.L. and her child A.B. For the 2014-2015 and 2015-2016 […]

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Appellate Division Rules Against Charter Schools In Funding Issue

By on September 19, 2017 in Other with 0 Comments

Four charter schools located in Jersey City challenged the level of funding they received from the local board of education under the School Funding Reform Act of 2008 (“SFRA”) as inadequate for their students to receive a thorough and efficient education in violation of the New Jersey Constitution. In an unpublished decision issued on September 14, 2017, the New Jersey Appellate Division denied the charter schools’ challenge and upheld the current funding mechanism in Learning Community Charter School v. Jersey City Board of Education. Charter schools are public schools that operate under a charter granted by the Commissioner of Education […]

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A Reminder from the Appellate Division on RIFs and Tenured Employees

By on August 22, 2017 in Labor & Employment with 0 Comments

On August 17, 2017, the New Jersey Appellate Division issued an unpublished opinion in which it upheld the Atlantic City Board of Education’s (“Board”) decision to change the employment of two supervisors from twelve-month positions to ten-month positions due to a reduction in force (“RIF”). This case highlights an important interplay between RIFs and tenure rights of public school employees. The Board employed Lourdes Vidal-Turner and C. Dedra Williams (“Petitioners”) as teachers for numerous years. The Board then promoted each of them to a twelve-month supervisory position in which they later acquired tenured. The State Appointed Fiscal Monitor for the […]

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BOE Unable to Withhold Pay of Teacher Who Collected Unemployment Benefits During Suspension

On May 18, 2017, the Commissioner of Education in Strassle v. Old Bridge Township Board of Education affirmed the decision of the Administrative Law Judge that tenured teacher Thomas Strassle was entitled to pay during his suspension even though he had collected unemployment benefits during the suspension. Strassle was a tenured teacher employed by the Old Bridge Township Board of Education (“Board”). In September 2015, the Board placed him on a paid suspension pending an investigation of his conduct pursuant to N.J.S.A. 18A:6-8.3. Thereafter, in April 2016, the Board certified tenure charges against Strassle and converted his suspension to an […]

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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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