Case Name
|
Jurisdiction |
Issue
|
Summary
|
NJSBA
Action |
Status
|
|
|
Superior Court, App. Div. |
Constitutionality of newly enacted legislation which provides
economic assistance to qualified municipalities |
On Dec. 6, 2002 Gov. McGreevey signed into law the Amended MRERA which
addressed the Court’s determination that the original MRERA constituted
special legislation. |
The Appellate Division granted NJSBA’s
motion for Leave to Appear as amicus curiae. NJSBA has
contacted CBOE’s attorneys and continues to monitor
developments. |
In July 2004, the Appellate
Div. upheld the constitutionality of the Amended MRERA. |
|
|
NJ Supreme Court |
Local control of non-renewals |
Whether employees have the right to arbitrate
their non-renewals which they allege were for disciplinary reasons,
when the contract does not explicitly give them that right. |
NJSBA has filed a Motion for Leave to Appear as amicus
curiae. 2/27/03. NJSBA
participated in Oral argument on 9/8/03 before the |
In decision issued 8/12/04, N.J. Supreme Court upholds board
discretion in non-renewals and does not allow arbitration. |
|
C.N.
v. |
|
Whether school
district violated students’ rights in administration of survey |
Parents
complained that School district forced students to take survey in violation
of U.S. Constitution and federal law. The district court found that district
did not violate student’s rights |
NJSBA filed papers to join in with the Ridgewood Board of
Education in their brief |
Argument 4/1/05. Decision pending |
|
|
|
Arbitrability of class
size- additional compensation when a teacher accepts additional students in a
class |
Plaintiff
board and amicus
curiae NJSBA argued that a
teacher should not be entitled to additional compensation for the two
additional students that were added to her special education resource room
class when another special education resource room class was eliminated.
Class size should remain a non-negotiable and non-arbitrable
managerial prerogative. PERC held that this was not an issue of class size
but an issue of compensation in accordance with the Emergency Class Coverage
provision of the contract. The Appellate Division agreed, affirming PERC’s determination, finding that it was not arbitrary,
capricious or unreasonable, 6/10/04. Certification was denied by the Supreme
Court. |
NJSBA filed its Motion for Leave to Appear as amicus curiae
10/20/03, participation being granted 11/13/03. NJSBA filed its substantive
amicus brief in the Appellate Division 12/15/03. and
attended oral argument 5/12/04. NJSBA filed its Supreme Court brief, in
support of the board’s efforts for certification, relying upon its Appellate
Division Brief. 8/16/04 |
Franklin Township Board of Education petitioned the Supreme
Court for certification, asking the Court to review the Appellate Division’s affirmance of PERC’s decision
and order. Certification was denied 9/23/04. |
|
IMO Monmouth-Ocean
Educational Services Commission,, Rumson- |
Council on Local Mandates |
Whether N.J.S.A. 18A: 20-40, which requires school districts
to test for radon in all public school buildings is an unfunded mandate under
the NJ Constitution and the local mandates Act |
Plaintiff
school districts and amici, including the NJSBA, argued that N.J.S.A. 18A: 20-40 is an unfunded mandate on
boards of education and should be enjoined from enforcement. The legislation did not authorize resources
to offset the additional direct expenditures required for the implementation
of the law by boards of education and it does not fall under any of the
unfunded mandate exceptions. In denying the Attorney General’s motion to
dismiss, the Council on Local Mandates further held that N.J.S.A. 18A: 20-40
was an unfunded mandate prohibited by the New Jersey Constitution and the
Local Mandates Act, ceased to be mandatory in its effect and expired. |
NJSBA filed request to appear as amicus curiae and
substantive brief 3/4/04. NJSBA’s request to appear
granted. NJSBA filed reply brief April 7, 2004. NJSBA participated in oral
argument, 6/10/04. |
On 8/20/04, Council on Local Mandates held that N.J.S.A. 18A:
20-40 was an unfunded mandate prohibited by the New Jersey Constitution and
the Local Mandates Act, ceased to be mandatory in its effect and expired.
Decisions of the Council on Local Mandates are not subject to judicial
review. |
Case Name
|
Jurisdiction |
Issue
|
Summary
|
NJSBA
Action |
Status
|
|
In
the Matter of the Petition of New Jersey-American Water Company, Inc., for an
Increase in Rates for Water and Sewer Service and Other Tariff Modifications |
OAL/Board of
Public Utilities |
Jurisdiction of
utility companies as it impacts school construction |
During the course of a school
construction project, the plans for which had already been approved by the
proper authorities, the Jamesburg board was informed by the water utility
that, pursuant to authority in the utility’s tariff, a second water line was
required. NJSBA argued that to the
extent that the utility’s tariff allows it to override the authority of the
Department of Community Affairs, which oversees and approves the Uniform
Construction Code, the tariff is improper. |
NJSBA filed an amicus brief. BPU issued order requiring
BPU staff to sit down with parties and resolve issue. |
BPU deferred to DCA to require one water line only. Tariff currently being drafted to reflect
reasonable standard of liability for customer Waiting for BPU approval of
tariff. |
|
Magnolo v. |
Appellate Division |
Interpretation of NJSA 18A:12-24(h) School Ethics Act |
Superior
Court, Trial Division interpreted part of the school ethics act in a manner
which is contradictory to the interpretations of the SEC concerning the
meaning of the word “group” in the statute. Superior court interpreted that
part of the statute in a commercial context only, contradicting previous SEC
interpretations of the same provision. SEC interprets “group” to include
PTO’s and other similar organizations to which board members may belong. |
Leave to participate as amicus
granted. NJSBA submitted brief on 5/5/04.
NJSBA participated in oral argument |
School Ethics issue moot. Trial Court
decision affirmed. |
|
O’Shea
v. |
Appellate
Division |
Whether board
secretary’s handwritten closed-session notes are public records and
therefore, accessible. |
Following
citizen complaint, the Government Records Council determined that a citizen
was not only entitled to the typewritten redacted draft minutes of closed
session, but also to the handwritten notes on which those minutes were based. |
NJSBA filed motion to join in this case 12/23/2004.Motion
granted. |
Brief filed 4/20/05 |
|
P.H. and P.H. on behalf of
M.C. v. Board of Education of the Borough of Bergenfield now Chess v. Board
of Education of the Borough of Bergenfield |
Superior
Court, Appellate Division |
Obligation
of board of education to provide alternative education to expelled student. |
Plaintiff
board and amicus curiae argued that the State Board exceeded its
authority in its ruling that a student who is expelled from school must be
provided with an alternative education until graduated from high school or
nineteenth birthday, whichever comes first.
The student had been expelled for slashing at another student with a
box cutter, causing a gash in the student’s coat and being in possession of
four box cutters and a Swiss army knife. Appellate Division remanded to State
Board on issue of applicability of NJSA 18A: 38-1. State Board concluded that
per statute, alternative education must be provided until twentieth birthday.
12/03/03 Appellate Division heard oral argument 10/20/04. Appellate Division
dismissed matter as moot 1/12/05 |
NJSBA
Motion for Leave to Appear as amicus curiae was granted 1/7/03. NJSBA’s substantive amicus brief was filed
4/24/03. NJSBA participated in oral argument 10/20/04. |
Appellate
Division Briefing completed. Oral argument was held 10/20/04. Appellate
Division dismissed matter as moot. 1/12/05 |
|
Ramsey
Bd. of Ed. v. Ramsey Teachers |
Appellate Division. |
Interpretation of supplemental nursing statute |
Issues center on interpretation of state statute permitting
districts to supplement their certified nursing staff with uncertified
staff. Issue is whether or not
Legislature intended for uncertified nurse to be physically supervised by
certified nurse. District maintains
that statute only requires that certified nurse be present in the “same school
bldg. or complex” and does not require physical supervision of uncertified
nurse at all times. |
NJSBA is granted status as intervener before Appellate Division |
On Sept. 1, 2004, St. Bd. upholds NJSBA interpretation of
statute; Teachers Association has appealed; NJSBA brief filed April 2005. |
G:Legal\Barb\Amicus
Charts\amicus cht.yearly 4-05