A Capehart Scatchard Blog

Tag: technology

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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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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Additional Guidance on Conducting Remote Board Meetings

About two weeks ago, we addressed the issue of how boards of education could conduct their school board meetings electronically and still comply with the Open Public Meetings Act (“OPMA”) when there is a severe restriction on public gatherings due to the coronavirus health crisis. Fortunately, the Division of Local Government Services (“DLGS”) recently provided additional guidance on this issue. DLGS emphasized that telephonic or virtual public meetings without a physical meeting place should be utilized for the foreseeable future in light of the Governor’s Executive Order 107. Virtual meeting options include streaming and/or online meeting platforms, such as Google […]

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Holding Board Meetings Electronically During the Coronavirus Pandemic

By on March 17, 2020 in Open Public Meetings Act with 0 Comments

Despite severe restrictions placed on public gatherings, school boards must meet during the coronavirus pandemic to address critical business, including convening a public hearing on the budget. The solution, holding a public meeting electronically, is supported by recent guidance from the Division of Local Government Services (“DLGS”). The Open Public Meetings Act (N.J.S.A. 10:4-8(b)) permits public meetings to be held in person or by means of communication equipment.  DLGS guidance provides that communications equipment includes streaming services and other online meeting platforms. Notice of a meeting held by electronic equipment must be properly noticed.  Similarly, the board must provide a […]

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