A Capehart Scatchard Blog

Tag: students

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

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.

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What You Need to Know About Service Animals in Schools – Part 2

By on March 28, 2017 in NJ School Law, Students with 0 Comments

Editor: Sanmathi (Sanu) Dev, Esq. In Part 1 of this series, we discussed what qualifies as a service animal and what types of inquiries a school district is permitted to make. Today, we will discuss the parameters by which a school district may exclude a service animal from school, the responsibility of caring and supervising the animal, allergy and/or fear considerations, and liability insurance. Pursuant to 28 C.F.R. § 35.136 (b), once a school district permits the use of a service animal by a student with a disability, the service animal can only be removed from the premises under the following […]

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U.S. Supreme Court Decides Substantive Standard for FAPE to Special Education Students

By: Cameron R. Morgan, Esq. Editor: Sanmathi (Sanu) Dev, Esq. For many months now, those involved in the world of special education have been patiently awaiting the issuance of one of the most important legal decisions in special education in the past 35 years, since the seminal Rowley decision was handed down in 1982. On March 22, 2017, the United States Supreme Court decided the case of Endrew F. v. Douglas County School District, 580 U.S. ___ (2017), in which it confronted the difficult issue of the appropriate substantive standard for determining whether special education students have been provided with […]

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What You Need to Know About Service Animals in Schools – Part 1

By on March 20, 2017 in NJ School Law, Students with 0 Comments

Editor: Sanmathi (Sanu) Dev, Esq. More often than not, school administrators face questions relating to requests for service animals to accompany students in school. What is a service animal? Who is allowed to bring a service animal to school? What restrictions may a school impose on the use of a service animal? In this two part series, we will explore these and other issues surrounding the use of service animals in schools. New Jersey school districts must permit access to service animals that accompany students with disabilities. N.J.S.A. 18A:46-13.2 and 13.3 and the Americans with Disabilities Act of 1990 (“ADA”) allow service […]

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Upcoming Seminar: “Guide to Special Education Law for Attorneys & Educators”

On Tuesday, March 7, 2017, Sanmathi (Sanu) Dev, Esq. will be presenting at the Camden County Bar Association’s three-part seminar entitled “Guide to Special Education Law for Attorneys & Educators.” Ms. Dev will be speaking about individualized education plans (“IEPs”) and strategies for successful IEP meetings. The seminar will be held at the Tavistock Country Club in Haddonfield, New Jersey. For additional information and registration, please click here.

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Commissioner of Education Finds Violation of Consent Requirements for Administering Student Surveys

By on November 15, 2016 in NJ School Law, 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 […]

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Upcoming Seminar: “IEPs and 504 Plans: A Legal Compliance Guide”

On Friday, December 2, 2016, Sanmathi (Sanu) Dev, Esq. will be presenting at the National Business Institute’s two-day seminar entitled “IEPs and 504 Plans: A Legal Compliance Guide.” Ms. Dev will be speaking about handling IEP and 504 plan disputes, as well as legal best practices for 504 plan reviews and reevaluations. The seminar will be held at the Holiday Inn in Cherry Hill, New Jersey. For additional information and registration, please click here.

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N.J. Supreme Court Finds School District Not Liable for Failure to Notify Parent of Vision Tests Results

By on September 6, 2016 in NJ School Law, Students with 0 Comments

The parents of a student, who developed a vision impairment, sued the Mullica Township Board of Education (“Board”) under the New Jersey Tort Claims Act (“TCA”) for the school nurse’s failure to inform them that the student failed a visual acuity test during the 2001-2002 school year. In 2004, the student again failed the test. At that time, the school nurse notified the parents of the results of both tests. On August 17, 2016, New Jersey Supreme Court in Parsons v. Mullica Township Board of Education, _N.J._(2016) ruled that the TCA immunized the Board, as a public entity, from liability because […]

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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 […]

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Upcoming Seminar: “Nuts and Bolts of Section 504 and Student Discipline”

On Wednesday, May 25, 2016 at 2:00 p.m., Joseph Betley, Esq. and Sanmathi (Sanu) Dev, Esq. will be presenting at the New Jersey Charter School Conference in Atlantic City.  Their presentation is entitled, “Nuts and Bolts of Section 504 and Student Discipline.” For more information, please click here.

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