A Capehart Scatchard Blog

Tag: Commissioner of Education

NJ Supreme Court Reverses; Refuses to Allow “Tyranny of Labels” to Compromise Analysis in Tenure Case

By on February 5, 2020 in Labor & Employment with 0 Comments

Last week, the New Jersey Supreme Court decided a teacher tenure case which it warned served as a cautionary tale that “demonstrates the ability of labels to cloud an analysis.”  Melnyk v. Bd. of Educ. of Delsea Reg’l High Sch. Dist., A-77-18, ___ N.J. ____ (January 30, 2020).  The Delsea Regional School District (“District”) had employed the petitioner, Paula Melnyk, as a tenured special education teacher since 1991.  In 2002, the district began also employing Melnyk to work evenings as a teacher in its after-hours alternative program, in addition to her position as a special education teacher during the regular […]

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Commissioner of Education Upholds Finding of HIB for Comments Related to Physical Strength

By on December 12, 2019 in Students with 0 Comments

In a case successfully defended by Sanu Dev, Esq., the Hainesport Township Board of Education’s (“Board”) determination of harassment, intimidation, and bullying (“HIB”) was upheld by the New Jersey Commissioner of Education (“Commissioner”) on June 19, 2019. In the case captioned M.S. and N.S. o/b/o J.S. v. Hainesport Township Board of Education, the parents of J.S. appealed the Board’s decision finding that J.S. violated the Anti-Bullying Bill of Rights Act (“ABBRA”) and committed an act of HIB when J.S. slammed another student’s Chromebook, pulled on his earbuds, called him “weakling,” and commented on the student’s athletic ability, using the phrase, […]

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Appellate Division Rules Teacher Not Entitled to Tenure in Extracurricular Assignment

By on January 2, 2019 in Labor & Employment with 0 Comments

*Please note that on January 20, 2020, the New Jersey Supreme Court reversed the Appellate Division in this matter. You can find our blog article on the Supreme Court’s decision here.* On December 17, 2018, the New Jersey Appellate Division in Melnyk v. Board of Education of the Delsea Regional High School District upheld the Commissioner of Education’s decision that a teacher who already has attained tenure based upon his or her years of service in a particular position cannot also acquire separate tenure in an extracurricular assignment if the teacher is not required to possess a different certificate other […]

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Commissioner of Education Rules Bedside Tutor Position Not Eligible for Tenure Accrual

By on December 3, 2018 in Labor & Employment with 0 Comments

On November 9, 2018, the New Jersey Commissioner of Education (“Commissioner”) concurred with an Administrative Law Judge’s finding in Mirda v. Board of Education of the Union County Educational Services Commission that the position of Bedside Tutor fell within the substitute teacher exception and is not eligible for tenure accrual. The Union County Educational Services Commission Board of Education (“Commission”) provides various services to school districts in Union County, including one-to-one bedside instruction at hospitals to students enrolled in Union County schools. Bedside Tutors are paid at an hourly rate, do not receive benefits or paid holidays, and are not guaranteed a […]

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

By on April 17, 2018 in Students 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 Labor & Employment 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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