Tag: Office of Administrative Law
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 […]
ALJ Finds Student Entitled to Section 504 Plan for Celiac Disease
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 […]
Commissioner of Education Finds Student Not Victim of HIB
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. […]
Non-Renewal Provision in Superintendent’s Contract Voided
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 […]
Commissioner of Education Finds Violation of Consent Requirements for Administering Student Surveys
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 […]
Commissioner of Education Rules that Rights of Tenured Part-Time Teachers Not Violated
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. […]
Out-of-District Placement Not Required to Utilize Aides Preferred by Sending District
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 […]
Third Circuit Upholds Dismissal of Parents’ Complaint for Failure to Exhaust Administrative Remedies
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 […]
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 […]
Personal Conflict Without Distinguishing Characteristic Not HIB
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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