Tag: students
USDOE and USHHS Issue Joint Guidance on Application of FERPA and HIPAA to Student Health Records
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 […]
Governor to Sign Bill to Ban Hair Discrimination
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, […]
Third Circuit Clarifies Law on Independent Evaluation Requests & Need for Disagreement with District Eval
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 […]
Commissioner of Education Upholds Finding of HIB for Comments Related to Physical Strength
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, […]
Lunch Debt Debacle – Part II
By: Lauren E. Tedesco, Esq.Editor: Sanmathi (Sanu) Dev, Esq. Strengthening policies and procedures for outstanding lunch debt is one of the most important steps a school district can take in order to minimize the overall outstanding debt. In addition to the statutory notice provisions to parents/guardians discussed in Part I of this article series, school districts should also ensure that parents/guardians are aware of the National School Lunch Program, which provides a free or reduced price lunch to children from households meeting criteria for eligibility. Free/Reduced Lunch applications can be provided to parents/guardians and submitted at any time during the […]
Lunch Debt Debacle – Part 1
By: Lauren E. Tedesco, Esq.Editor: Sanmathi (Sanu) Dev, Esq. Amassing lunch debt within school districts is not a unique circumstance. In fact, in our practice representing school districts it is a relatively common occurrence. Recently, a South Jersey school district came under scrutiny for proposing what has been dubbed the “Tuna Sandwich Policy” where a student whose lunch account is more than $10 in arrears would be provided a tuna sandwich for lunch as an alternate lunch in lieu of the lunch regularly provided and available. Those who oppose the proposed policy argue that students who receive a tuna sandwich […]
New Jersey Supreme Court Rules on Student Records Issue – Part 2
By: Zachary M. Wildsmith, Esq.Editor: Sanmathi (Sanu) Dev, Esq. In last week’s article, we discussed the New Jersey Supreme Court’s decision in L.R. v. Camden City Public School District, focusing on the Court’s decision to extend the protections for student records under the New Jersey Pupil Records Act (“NJPRA”) to include redacted records. In its decision in L.R., the Court also affirmed the Appellate Division’s holding that a requestor could gain access to student records if they fell within one of the categories of “authorized” individuals and entities identified in N.J.A.C. 6A:32-7.5(e)(1) through (16). Specifically, the Appellate Division suggested, that […]
New Jersey Supreme Court Rules on Student Records Issue – Part 1
By: Zachary M. Wildsmith, Esq.Editor: Sanmathi (Sanu) Dev, Esq. Under New Jersey law, student records are protected from public disclosure. “Student record” pursuant to N.J.A.C. 6A:32-2.1 means information related to an individual student gathered within or outside the school district and maintained within the school district, regardless of the physical form in which it is maintained. Essential in this definition is the idea that any information that is maintained for the purpose of second-party review is considered a student record. Access to student records by second-parties are governed by several state and federal laws including the federal Family Educational Rights […]
Special Education Settlement Subject to 6-Year Statute of Limitations
When boards of education resolve disputes with parents of special education students, they often enter into settlement agreements with the parents which are approved by an Administrative Law Judge (“ALJ”) of the New Jersey Office of Administrative Law (“OAL”). On February 27, 2019, the New Jersey Appellate Division in L.A. v. South Orange-Maplewood Board of Education issued a decision affirming that parties to a settlement agreement approved by the OAL are subject to a six-year statute of limitations to enforce that agreement. In 2000, the parent of a special education student initiated litigation against the South Orange-Maplewood Board of Education (“Board”) seeking reimbursement […]
District Court Denies Parents’ Request for IEE
Parents of special education students have the right to request an independent educational evaluation (“IEE”) at the expense of the school district if they disagree with any assessment conducted as part of an initial evaluation or a reevaluation conducted by the school district. However, that right is not unfettered. On January 31, 2019, the United States District Court for the District of New Jersey in S.S. and M.S., o/b/o H.S. v. Hillsborough Township Public School District overturned an Administrative Law Judge’s decision and determined (1) parents are only entitled to an IEE at the district’s expense when they disagree with an evaluation or reevaluation […]
Connect with Capehart Scatchard