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Beth A. Bolger, Esq.
Apr 17, 20245 min read
U.S. Supreme Court Update Social Media Platforms: State Action or Private Conduct
The U.S. Supreme Court released two decisions on March 15, 2024, resolving the split among the Circuits on the issue of identifying state...
By: Beth A. Bolger, Esq.
Sep 18, 20234 min read
STUDENT WITH DISABILITIES: PARTICIPATION IN SCHOOL SECURITY DRILLS
Recent incidents across the country have raised awareness of issues surrounding student preparedness for fire or school security threats....
Jaclyn M. Morgese
Aug 24, 20235 min read
FOLLOWING THE PASSAGE OF CHAPTER 95, SCHOOL EMPLOYEES NOW NEED NOT BE SICK TO USE SICK LEAVE.
On July 3, 2023, Governor Murphy signed P.L. 2023, c. 95 (“Chapter 95”) into law. Chapter 95 widely expands the permitted uses of sick...
Beth A. Bolger, Esq.
Jul 11, 20234 min read
Recent U.S. Supreme Court Decisions
July 12, 2023 Students for Fair Admissions Inc. v. President and Fellows of Harvard College (20-1199) and Students for Fair Admissions...
Jennifer A. Osborne, Esq.
Jun 8, 20237 min read
DISCIPLINARY CONSIDERATION HIB AND OFF-CAMPUS SPEECH
More than a decade after New Jersey’s Anti-bullying Bill of Rights was enacted, harassment, intimidation and bullying (HIB) remains. One...
Anthony E. Russo
Oct 4, 20222 min read
RECENT STATE APPELLATE COURT DECISION ENABLES GREATER PUBLIC ACCESS TO SPECIAL EDUCATION RECORDS
The New Jersey Appellate Court recently held that settlement agreements approved by the Office of Administrative Law in special education...
Deirdre D. Macchia
Jul 15, 20223 min read
U.S. SUPREME COURT UPHOLDS FOOTBALL COACH’S ABILITY TO PRAY ON THE PLAYING FIELD
The Supreme Court of the United States recently decided in favor of a high school football coach who lost his job due to his continuance...
Deirdre D. Macchia
Mar 21, 20223 min read
NEW LAW REGARDING SPECIAL EDUCATION DUE PROCESS EXTENSIONS...
New Law Regarding Special Education Due Process Extensions and Need for Compensatory Education and Services Notification in IEPs On March...
David N. Tonda
Mar 8, 20223 min read
TERMINATION DECISIONS INFLUENCED BY ALLEGED DISCRIMINATION...
Termination Decisions Influenced by Alleged Discrimination Must Be Applied to “Procedural Burden Shifting Methodology” On December 30,...
By: Anthony P. Sciarrillo, Esq.
Feb 1, 20223 min read
CONTROVERSIES OVER FREE SPEECH
CONTROVERSIES OVER FREE SPEECH ABOUND AS FEDERAL GOVERNMENT ADDRESSES ISSUES INVOLVING BOTH BOARD MEMBERS AND PARENTS Actions taken by...
By: Anthony P. Sciarrillo, Esq.
Jan 22, 20222 min read
EDUCATION RELATED MEASURES SIGNED INTO LAW ON
The Governor signed the following of new education-related measures signed into law on January 19, 2022: 2020:S-969wGR/ACS for...
Dr. Lawrence S. Feinsod
Oct 3, 20213 min read
PARENTS, PLEASE BE CIVIL AT SCHOOL BOARD MEETINGS
"We cannot find common ground without civility, and we cannot solve our problems without finding common ground." This is how Sheila Suess...
Rakiah N. Bonjour, Esq.
Apr 14, 20213 min read
PRIVATE SCHOOLS MUST ADHERE TO IDEA MANDATES OR FACE COMPENSATORY DAMAGES
In a recent decision, Garden Academy v. SM and EM on behalf of BM, the District Court for the District of New Jersey considered whether...
By W. Connor Kimmel, Esq.
Jan 22, 20212 min read
BOE SETTLES SUIT WITH STUDENT’S FAMILY FOR $950K AFTER CONTACT WITH PREDATOR ON SCHOOL ISSUED LAPTOP
On December 31, 2020, the New Jersey Superior Court approved a settlement in the amount of $950,000.00 in a case involving the...
By Athina L. Cornell, Esq.
Oct 29, 20203 min read
NON-LAWYER SPECIAL EDUCATION CONSULTANTS AND THE UNAUTHORIZED PRACTICE OF LAW
On September 30, 2020, the Committee on the Unauthorized Practice of Law (“Committee”) issued Opinion 56, entitled, “Non -Lawyer Special...
W. Connor Kimmel
Oct 8, 20205 min read
EMERGENCY REGULATIONS FOR REMOTE PUBLIC MEETINGS HELD DURING A DECLARED EMERGENCY
On September 24, 2020, the New Jersey Department of Community Affairs issued New Emergency Regulations: Remote Public Meetings Held...
Jaclyn M. Morgese
Sep 30, 20203 min read
APPELLATE DIVISION FINDS THAT ABSENT CONTRACTUAL LANGUAGE OR PAST PRACTICE...
APPELLATE DIVISION FINDS THAT ABSENT CONTRACTUAL LANGUAGE OR PAST PRACTICE, BOARDS OF EDUCATION MAY NOT DEDUCT EMPLOYEE PAYMENTS TOWARD...
Martin J. Malague
Sep 23, 20202 min read
N.J. SUPREME COURT: CHAPTER 78 ENDURES THE LIFE OF A COLLECTIVE BARGAINING AGREEMENT
The New Jersey Supreme Court recently clarified that employee health insurance benefit contributions could not be negotiated until after...
Jeffrey R. Merlino
Aug 11, 20203 min read
DID THE RULES JUST CHANGE ON STUDENT ATHLETE “TRAINING RULES”?
On June 30, 2020, a federal appeals court for the 3rd U.S. District, which includes New Jersey, ruled that public schools cannot...
By: Anthony P. Sciarrillo, Esq.
Oct 15, 20194 min read
“JUST BETWEEN YOU AND ME” RARELY EVER STAYS BETWEEN YOU AND ME FOR BOARD OF EDUCATION MEMBERS
In a recent decision, Anthony M. Fleres v. Yu Taylor Zhong, the School Ethics Commission (“Commission”) determined that a board of...
Rachel E. Smith, Esq.
Oct 3, 20193 min read
FULL-TIME UNION BUSINESS ON BOARD’S DIME IS UNCONSTITUTIONAL
In a recent decision, the Appellate Division took a close look at a Board of Education’s ability to allocate taxpayer dollars to fund...
Marcie L. Mackolin, Esq.
Sep 4, 20194 min read
NEW JERSEY SUPREME COURT DECIDES CONSOLIDATED CASES ADDRESSING DISCLOSURE OF STUDENT RECORDS
The New Jersey Supreme Court recently decided four consolidated matters regarding the disclosure of documents that include student...
By Monica D. Palestis, Esq.
Feb 15, 20193 min read
SCHOOL BUS SAFETY BILLS
Given the recent tragedies involving school buses, the New Jersey legislature has enacted two laws to increase the safety of students and...
Adapted from an article written by John J Burns
Jan 25, 20194 min read
SCHOOL LAW UPDATE Part 3 of 4
IV. SUPERIOR COURT, CHANCERY/LAW DIVISION Collective Negotiations Plaintiffs in this matter objected to the "release time" provisions of...
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