A Capehart Scatchard Blog

Tag: student records

Appellate Division Remands Case on Disclosure of Student Records Under OPRA

By on October 17, 2017 in Open Public Records Act with 0 Comments

When is a student record, such as a settlement agreement involving a special education student or a request for an independent special education evaluation, subject to disclosure in response to a request under the Open Public Records Act (“OPRA”)? According to the Appellate Division’s published decision dated October 16, 2017 in L.R. v. Camden City Public School District, et al., the answer is that disclosure is permitted when the requestor is one of the sixteen (16) authorized organizations, agencies, or persons identified in regulations adopted by the New Jersey Department of Education to implement the New Jersey Pupil Records Act […]

Share

Continue Reading »

Upcoming Seminar: “Student Records: Legal Requirements You Need to Know”

By on March 30, 2017 in Seminars, Students with 0 Comments

On May 2 and May 5, 2017, Sanmathi (Sanu) Dev, Esq. and Cameron R. Morgan, Esq. will be presenting at the National Business Institute’s seminar entitled “Student Records: Legal Requirements You Need to Know.” They will be speaking about student surveys and physical security of student records. The seminar will be held in Princeton and Atlantic City. For additional information and registration, please click here.

Share

Continue Reading »

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 […]

Share

Continue Reading »

U.S. DOE and DOJ Issue Guidance Documents Addressing Rights of Transgender Students

By on May 16, 2016 in Students with 0 Comments

On May 13, 2016, the U.S. Departments of Education and Justice (“Departments”) issued a joint Dear Colleague Letter (“Letter”) specifically advising that Title IX of the Education Amendments of 1972 (“Title IX”), which prohibits sex discrimination in educational institutions and programs receiving Federal financial assistance, prohibits discrimination based on a student’s transgender status and/or gender identity. Dear Colleague Letter: Transgender Students (May 13, 2016). The Letter provides insight as to how the Departments analyze and evaluate whether school districts comply with Title IX with respect to transgender students. The Letter also references a guidance document prepared by the U.S. Department […]

Share

Continue Reading »

Request to Produce Student Records Not Available Through Due Process

Parents may initiate a due process petition on behalf of their child against a school district or charter school with the New Jersey Office of Special Education Programs (“OSEP”) for special education related claims arising under the Individuals with Disabilities Education Act (“IDEA”) and N.J.A.C. 6A:14-1.1 et seq., which include disagreements regarding identification, reevaluation, classification, educational placement, the provision of a free appropriate public education, or disciplinary action. However, the right to initiate a due process hearing does not extend to a request to compel a school district to produce student records, according to a recent decision issued by Administrative […]

Share

Continue Reading »

Top