A Capehart Scatchard Blog

Tag: students

NJDOE Issues Guidance on ESY 2020 During COVID-19 Pandemic

On June 12, 2020, the New Jersey Department of Education (“NJDOE”) provided guidance to school districts on the delivery of extended school year (“ESY”) services to eligible students with disabilities during the COVID-19 pandemic. The NJDOE’s guidance was in response to the Governor’s recent Executive Order 149 allowing for in-person ESY programming beginning on or after July 6, 2020. Pursuant to the Individuals with Disabilities Education Act (“IDEA”) and corresponding New Jersey regulations, once a school district determines that a student with disability requires additional educational services during the summer, the school district is required to include an ESY program […]

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CDC Issues Interim Guidance for Opening of Schools Following COVID-19 Closures

By on May 21, 2020 in Other with 0 Comments

Earlier this week the Center for Disease Control and Prevention (“CDC”) released guidance for K-12 school administrators on the reopening of schools.  The guidance is titled “Interim Guidance for Resuming Schools and Day Camps.” The largest section of the guidance is the Social Distancing section which encouraging schools to promote social distancing to the fullest extent possible.  Steps 1 and 2 of the promotion of social distancing include suggestions, such as student and staff groupings remaining static (same students with same staff members), cancelling of field trips, inter-group events and extracurricular activities, limitations on gatherings, and restrictions on non-essential visitors […]

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New Law Permitting Remote Instruction Also Requires Payment of Compensation and Benefits to School Employees and Other Entities

By on April 15, 2020 in Legislation with 0 Comments

Editor: Sanmathi (Sanu) Dev, Esq.  On April 14, 2020, Governor Murphy signed A3904/S2337 into law which permits use of virtual and remote instruction to meet the minimum 180 day school year requirement. The new law does not stop there.  The law requires payment of benefits, compensation and emoluments to school employees as if school remained open during the school closure (irrespective of whether employees are covered by a collective negotiations agreement) and to a contract service provider pursuant to the terms of the contract in effect prior to the school closure as if the services had been provided.  Additionally, A3904 […]

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NJDOE Finally Releases Notice Stating Permissibility of Delivering Related Services to Special Education Students through Remote Technology

By on April 2, 2020 in Special Education/504 with 0 Comments

Editor: Sanmathi (Sanu) Dev, Esq. With most schools in New Jersey closed for nearly two weeks, and all closed since Governor Murphy issued Executive Order 107 on March 21, 2020, school districts across the State have been awaiting further guidance from the New Jersey Department of Education (“NJDOE”) on the important issue of whether NJDOE would permit the provision of related services to special education students through remote technology and distance learning during this period of school closure due to the COVID-19 virus.  That much-awaited guidance came yesterday, as Commissioner of Education Dr. Lamont Repollet issued a letter titled “Notice […]

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New Statute Requires Schools to Provide Meal Distribution or Meal Vouchers during COVID-19 Closures to Students Eligible for Free & Reduced Price Lunches

By on March 25, 2020 in Legislation with 1 Comment

Editor: Sanmathi (Sanu) Dev, Esq. On Friday, March 20, 2020, Governor Phil Murphy signed into law a new bill, A-3840, to ensure the continuation of meal distribution to some of New Jersey’s most at-risk students as the State provides support to help local communities work through the COVID-19 pandemic.  The statute, now P.L. 2020, c. 6, requires local school districts to provide for meal distribution or a meal voucher program during the period of school closure due to the COVID-19 epidemic for those students who are eligible to receive free and reduced price lunches.  The act takes effect immediately. Under […]

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N.J. District Court Affirms Dismissal of Parent’s Special Education Case as Time-Barred

By on February 25, 2020 in Special Education/504 with 0 Comments

In a case decided on February 11, 2020 by the United States District Court for the District of New Jersey, Camden Vicinage, the Eastampton School District (“District”) successfully dismissed a parent’s lawsuit brought under the Individuals with Disabilities Education Act (“IDEA”) on the basis that it was filed beyond the two-year statute of limitations. In McLean v. Eastampton School District, the parent of a special education student initiated a due process petition in August 2018 against the District alleging that an individualized education program (“IEP”) developed by the District in June 2016 failed to provide the student with a free […]

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Court Affirms Dismissal of Parent’s Suit Challenging School’s Communication Plan Setting Reasonable Limits on Father’s Constant, Aggressive E-mails

By on January 28, 2020 in Special Education/504 with 0 Comments

In the world of special education, parents come in all shapes and sizes in terms of their mode of interaction with the child study team and school personnel.  Some parents of special needs children are cordial, while others are friendly and appreciative.  Some are matter-of-fact, while others can be much more emotional or animated.  Special education parents come with varying degrees of how engaged they are or wish to be in the process of planning and communicating with the school district child study team.  For the thousands of child study team members around the country who serve as case managers, […]

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USDOE and USHHS Issue Joint Guidance on Application of FERPA and HIPAA to Student Health Records

By on January 14, 2020 in Students with 0 Comments

In December 2019, the U.S. Department of Education (“USDOE”) and U.S. Department of Health and Human Services (“USDHHS”) jointly issued a 26-page document, providing updated guidance on the application of the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. § 1232g, 34 C.F.R. Part 99, and the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), see 45 C.F.R. Parts 160, 162, and 164 (the “HIPAA Rules”), and their application to student health records.  The updated guidance provides a basic overview of each of the two federal statutes, as well as 27 frequently asked questions (“FAQs”).  The new guidance […]

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Governor to Sign Bill to Ban Hair Discrimination

By on December 31, 2019 in Legislation with 0 Comments

New Jersey bill entitled Create a Respectful and Open Workspace for Natural Hair Act (“CROWN Act”) was passed by the Senate on December 16, 2019 and approved by the Assembly on December 19, 2019. The CROWN Act would prohibit discrimination on the basis of hairstyle, type, or texture, which are traits historically associated with race. This bill, which further addresses discrimination under the New Jersey Law Against Discrimination (“NJLAD”), will head to the Governor for signature. The NJLAD, which applies to schools and work places, would be amended to specifically define “race” to include “traits historically associated with race, including, […]

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Third Circuit Clarifies Law on Independent Evaluation Requests & Need for Disagreement with District Eval

By on December 16, 2019 in Special Education/504 with 0 Comments

Occasionally, school district child study teams (“CSTs”) are faced with special education parents who are resistant to allowing the CST to evaluate their child, yet demand independent evaluations from an outside evaluator at the school district’s expense.  In such circumstances, districts were often faced with a dilemma – either acquiesce to such demands, or file for due process themselves and incur legal fees to resist such requests, or deny the parent’s request without filing for due process and risk an Administrative Law Judge (“ALJ”) finding that the district committed a procedural violation.  This is because previous decisions of the Office […]

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