A Capehart Scatchard Blog

Tag: Office of Administrative Law

Proactive Representation Part II: Proving a Case for Emergent Relief on Behalf of a School District

By on February 6, 2018 in Special Education/504 with 0 Comments

By: Cameron R. Morgan, Esq. Editor: Sanmathi (Sanu) Dev, Esq. In last week’s segment, we discussed the importance of filing for due process and seeking emergent relief on behalf of a school district when the parents of a child receiving special education and related services take action, or refused to take action, in a way that prevents the district from fulfilling its legal obligation under the Individuals with Disabilities Education Act (“IDEA”) to provide the child with his or her right to a free and appropriate public education (“FAPE”). Today, we discuss the mechanics of doing so and highlight the […]

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Proactive Representation Part I: Knowing When to File for Due Process or Seek Emergent Relief on Behalf of a School District

By on January 30, 2018 in Special Education/504 with 0 Comments

By: Cameron R. Morgan, Esq. Editor: Sanmathi (Sanu) Dev, Esq. In the increasingly litigious world of special education, New Jersey school districts and Board attorneys are generally accustomed to being on the receiving end of lawsuits with parents. Yet, understanding how and under what circumstances to file for due process or seek emergent relief can be just as important to ensuring your district is legally compliant as defending a due process petition filed by a parent. Special education practitioners representing districts that are facing uncooperative parents would do well to remember one thing: when parents place the child study team […]

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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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Stay-Put Shake-up: Third Circuit Holds Parents Entitled to Attorneys’ Fees for Non-Compliance with Stay-Put

By on August 30, 2017 in Special Education/504 with 0 Comments

By: Cameron R. Morgan, Esq. Editor: Sanmathi (Sanu) Dev, Esq. The Third Circuit Court of Appeals has issued an important decision finding that parents in special education litigation with school districts will be considered “prevailing parties” entitled to an award of attorneys’ fees in the event the district ignores or fails to comply with its obligations under the “stay-put” provision of the Individuals with Disabilities Education Act (“IDEA”).  M.R. & J.R. ex. E.R. v. Ridley Sch. Dist., No. 16-2465, 117 L.R.P. 34473 (3d Cir. 2017).  On August 22, 2017, the Third Circuit issued its decision substantially altering the landscape of […]

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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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District Court Denies Parents’ Claims Against School Board Involving Nursing Issue

The parents of a disabled student brought claims against the Voorhees Township Board of Education (“Board”) alleging various violations, including violations of the Individuals with Disabilities Education Act (“IDEA”), for failing to place a nurse onsite at the school building the student would have attended for his extended school year (“ESY”) program. On June 5, 2017, the District Court for the District of New Jersey in R.G. v. Hill, found no violations and affirmed the Administrative Law Judge’s decision dismissing the parents’ claims. Neither the student’s individualized education plan (“IEP”) nor his medical needs required a nurse to be physically […]

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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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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 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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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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