Recent Noteworthy Cases
District Court granted Commissioner's motion to dismiss based on Burford principles.
Bacon et. al. and Buena Regional et al. v. NJDOE, (App. Div. 3-14-08)
The Court held that a needs assessment of the Bacon (rural poor) districts is necessary to determine whether the new State funding formula will meet the needs of those districts.
Regulation requiring reduction in maximum age span in elementary special education classes from four years to three years is an unfunded mandate, violating the NJ Constitution.
Parents Involved in Community Schools v. Seattle School District (US Supreme Ct. 6-28-07)
Student assignment plans using race as a factor were not narrowly tailored to achieve the compelling goal of diversity.
Morse v. Frederick (US Supreme Ct. 6-25-07)
School district may regulate student speech promoting illegal drug use.
Jerkins v. Anderson (NJ Supreme Ct. 6-14-07)
Dismissal is a part of the school day. Case law from New Jersey and other jurisdictions supports the existence of a duty to exercise reasonable care in supervising children during dismissal.
Sea Isle City Bd. of Educ. v. Kennedy (App. Div. 5-07)
Court upholds Commissioner determination that a board member's IDEA claim on behalf of their child is a disqualifying conflict requiring removal from the board.
O'Shea v. West Milford Bd. of Educ. (App. Div. 4-5-07)
Handwritten notes used for preparation of meeting minutes are not public records under OPRA.
Tarus v. Pine Hill Borough (N.J. Supreme Court 3-7-07)
Court upholds right of citizen to videotape meeting.
L.W. v. Toms River Regional Bd. of Educ. (NJ Supreme Court 2-21-07)
Districts may be held liable for student-to student sexual harassment based on a student’s actual or perceived orientation.
Paff v. Monroe Bd. of Educ. ( Super. Ct. 1/22/07)
OPMA requires that resolutions for entering into closed session contain as much information as is consistent with full public knowledge without doing harm to the public interest.
O.T. v. Frenchtown Bd. of Ed.(D.N.J. 12-11-06)
Singing of religious song at talent show does not violate the Establishment Clause of the First Amendment.
Jerkins v. Anderson and the Pleasantville Bd. of Ed. (App. Div. 6-20-06)
School Districts have the duty to exercise reasonable care to ensure that younger students are properly supervised when dismissed at the end of the school day.
M.S. v. Ramsey Board of Education (3d Cir. 1-23-06)
The party filing an IDEA complaint has the burden of proving its case in special education proceedings in New Jersey.
Rancocas Valley Regional v. M.R.
N.J. District Court determines that school district has no private right of action in IDEA claim. Rancocas Valley Regional v. M.R.
Tonelli v. Wycoff Twp. Bd. of Ed.
N.J. Supreme Court determines that school districts are not protected from suit by Charitable Immunity Act.
Kitzmiller v. Dover Area School District.
The District Court for the Eastern District of Pennsylvania held that Intelligent Design (ID) violated the establishment clause of the 1st Amendment of the U.S. Constitution. Kitzmiller v. Dover Area School District.
Sea Isle City Bd. of Ed. v. Kennedy(1-06)
Ramsey Teachers Assn. v. Ramsey Bd of Ed. (App. Div. 1-9-06)Board member had a disqualifying conflict of interest when he filed an IDEA claim on behalf of his son.
L.W. v. Toms River Regional Schools Bd. of Ed.Court affirms State Board decision that supplemental nurses do not need to be "shadowed" by a certified school nurse in order to provide services
District held liable for failing to end peer sexual harassment.
C.N. v. Ridgewood Bd. of Ed. (3rd Cir. 2005)
Board did not violate students' rights when it administered pupil survey.
Shaffer v. Weast (U.S. S. Ct. 11-14-05)
The burden of proof in an administrative hearing challenging an IEP under the Individuals with Disabilities Education Act (IDEA) “is properly placed upon the party seeking relief,” whether that be the parents of the special education student, or the board of education.
Millville v. New Jersey DOE.(NJ S.Ct. 5-19-05)
The Department may require that districts reallocate funds from other accounts to make up preschool program shortfalls. However, the reallocated funds must be replaced by the Department through grants of supplemental funding, to ensure the continuity of foundational or already existing supplemental programs, unless the Department can show that such funds are not needed by the districts.
Passaic City BOE v. New Jersey Dept. of Ed.(NJ S.Ct. 5-19-05)
Court held that Department could not reduce Preschool Expansion Aid (PSEA) award mid-year, based on revised enrollment figures. The Court determined that “per-pupil calculation” could be used to adjust PSEA only if the Commissioner allowed districts to present data on fixed costs that cannot be reduced and the adjustment is realigned with those actual costs.
Magnolo V. Washington Bd. of Ed.(App. Div. 4-20-05)
Court determines that it has fundamental jurisdiction over emergent matters concerning School Ethics Act.
Atallo v. Johnson (App. Div. 1-31-05)
School ethics complaint against board attorney dismissed because he was not an employee of district at the time of incident. Fine upheld for filing frivilous complaint where it was clearly known by complainant that board attorney, as a consultant, was not subject to ethics act.
Chess (formerly P.H.) v. Bergenfield BOE (App. Div. 1-12-05)
Court dismisses as moot suit challenging Board's determination that alternative education is not required following student expulsion for bringing knives to school and using boxcutter to slash another student's jacket. Petitioner was over 21.
Tonelli v. Wycoff BOE (App. Div. 12-7-04)
Boards of education are not entitled to protection under the Charitable Immunity Act.
C.E.F. v. Stafford Twp. BOE (3rd Cir. 10-15-04)
School board is permanently enjoined from refusing distribution of religious organization material if the district also permits the distribution of non-religious organization material in its school.
Ramsey Teachers Assn. v. Ramsey BOE (St. Bd. 9-1-04)
State Board affirms Commissioner's determination that local board of education did not violate N.J.S.A. 18A:40-3.3 by employing a non-certified nurse as a health aide when the certified nurse assigned to the school was not present.
In Re Monmouth-Ocean Educational Services Commission (Council on Local Mandates 8-20-04)
Requirement for radon testing every five years in public schools is an unfunded mandate, violating the N.J. Constitution.
Shore Regional High School BOE v. P.S.
3rd Circuit determined that student classified as emotionally disturbed due to severe harassment was unable to receive FAPE at his local school. District compelled to reimburse parents for tuition placement at near-by high school.
In Re: Withdrawal of N. Haledon School District
A unanimous New Jersey Supreme Court denied local district's petition to withdraw from a regional school district based on an inequitable funding formula. The Court held that withdrawal from the regional school district would deny to both the students remaining at the regional district and the students from the withdrawing district, the benefits of the educational opportunity offered by a diverse student body.
3rd Circuit determined that the parental notification clause of a newly enacted Pennsylvania statute violated the school students' freedom of speech rights and was therefore unconstitutional. The parental notification clause clearly discriminated among students based on the viewpoints they expressed because it was only triggered when a student exercised his or her First Amendment right not to speak.
Bucks Cty Dept. of Mental Health v. PA.
Third Circuit Determined that under the particular circumstances of this case, where a trained service provider was not available and the parent stepped in to learn and perform the duties of a trained service provider, parent is entitled to reimbursement for the time spent providing therapy.
Camden BOE v. Alexander (NJ Sup. Ct. 8-12-04)
Board has the statutory right to non-renew an employee for non-arbitrary and non-capricious reasons without subjecting that decision to review by an arbitrator.
| Division on Civil Rights (DCR) determined that bias based student harassment violates the Law Against Discrimination where it is severe or pervasive enough to create an environment hostile to the student’s protected class. The DCR found district liable for permitting a bias-based hostile environment to deprive L.W. of the same educational opportunity afforded other students. |
| Where non-tenured custodian pleaded guilty to loitering with the intent to possess marijuana, Appellate Division held that forfeiture of public employment is mandatory for an offense that touches upon public office. Moreover, when the issue of forfeiture is not raised at sentencing, it may subsequently be raised by either the prosecutor or the public employer. (New Jersey v. Och) |
Elk Grove Unified School District v. Newdow
| United States Supreme Court held that non-custodial parent lacked standing to bring an action on behalf of his daughter to remove the words, "under god" from the pledge of allegiance (6/15/04) |
| Appellate Division determined that the Municipal Rehabilitation and Economic Recovery Act (MRERA), as amended, was not special legislation enacted in violation of N.J. Const. art. IV §7 ¶ 9(7), which prohibits the Legislature from passing any private, special or local law providing for the management and control of free public schools. Governor and mayor each retain authority to appoint three members to the board of education in qualified municipalities. (03:June 9, Camden) |
C.N. v. Ridgewood Bd. of Ed. (D.N.J. 5-28-04)
| Motion for Summary judgment granted to board in dispute over alleged constitutional and statutory violations arising from the administration of a student survey in the schools. |
I/M/O/ Grant of Renewal Application of Red Bank Charter School (App. Div. 3-17-04)
| Court affirms the charter renewal, but remands to the State Board for the Commissioner to conduct a hearing to consider whether certain enrollment and other practices by the Charter School exacerbate the district's racial/ethnic imbalance. |
Discrimination (1-21-04)
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Third Circuit held that bus driver's racial discrimination case was insufficient because his disqualification from driving buses (due to inappropriate conduct) left him unable to perform one of the joint duties the job demanded-custodial services and driving buses. Additionally, the Circuit Court found that Hubbard failed to show that others not in the protected class were treated more favorably. (03: Nov. 12, Hubbard) |
Open Public Meetings Act (1-21-04)
|
District Court denied board's
motion to preclude terminated
employee from deposing board
members as to their mental
impressions and discussions
during the board's closed
session meeting to fire
employee. Neither federal
common law, nor Open Public
Meetings Act privleged
discussions from discovery. Scott v. east Orange BOE, 219 F.R.D. 333
|
Grasso v. West New York BOE (1-8-04)
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In a NJLAD matter involving a teacher, the Appellate Division affirmed the trial Court's 90% reduction of the $110, 000 jury award on the board's motion for remittitur. Appellate Division also affirmed the denial of front pay and promotion, but reversed and remanded for reconsideration of the trial court's $66,000 back pay award. |
I.M.O. Expungement Application of P.A.F.
| N.J. Supreme Court held that N.J.S.A. 2C:52-2b, does not bar a private citizen from the expungement process when the citizen aids and abets a public official in the commission of a crime touching upon that public official's office. (1-8-04) |
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County superintendent's use of "Equal Proportions" method of reapportionment is valid. |