Child Abuse Appellate Division dismissed complaint asserting a school district’s violation of the Child Sexual Abuse Act, N.J.S.A. 2A:61B-1 holding that the school district did not qualify as a household where band director molested student during overnight band trips. Court also determined that student failed to file timely notice under the Tort Claims Act and dismissed the complaint. J.P. v Smith, Dkt. No. A-0055-15, 2016 N.J. Super. LEXIS 36, (Appellate Division, January 25, 2016). Appellate Division upheld a finding of educational neglect where parent allowed child to be absent 37 days and late 55 days during the school year. Palpable harm was evident in the child’s poor performance and potential retention. The court need not wait until a child is actually irreparably impaired by parental inattention or neglect before taking action. New Jersey Division of Child Protection And Permanency, v. D.B., Dkt. No. A-1843-14, 2016 N.J. Super. Unpub. Lexis 1177, (App. Div. May 23, 2016). Defamation District Court dismissed defamation claims against individual board members which were not filed within the one-year statute of limitations on the accrual of claims for libel and slander. Fictitious party rule does not apply where plaintiff fails to diligently seek to identify the fictitiously named defendant. Court also dismissed claim of libel against the board for Facebook and Instagram postings by a single board member, holding that the theory of respondeat superior was not applicable against a board member who was not acting within his role as a board member at the time the statements were posted. Marino v. Westfield Bd. of Educ., Civ. No. 16-Cv-00361 2016 U.S. Dist. Lexis 65168, (D.N.J. May 18, 2016). Discrimination District Court dismissed alleged violations of Americans with Disabilities Employment Act and Title VII filed against individual board members and the board of education because those two statutes fail to provide a cause of action against non-employer individuals. Court determined that coach pled sufficient facts alleging age discrimination to survive a motion to dismiss. Marino v. Westfield Bd. of Educ., Civ. No. 16-Cv-00361 2016 U.S. Dist. Lexis 65168, (D.N.J. May 18, 2016). Educational Endorsement Appellate Division affirmed Commissioner’s decision removing a tenured athletic trainer for failing to maintain his athletic trainer license; no tenure hearing required. Lapse of Board of Medical Examiners license, for more than five years, invalidates both educational services certificate and athletic trainer endorsement. Hunsicker v. Board of Education of the High Point Regional High School, Dkt. No. A-3314-14, 2016 N.J. Super. Unpub. Lexis 1147, (App. Div. May 18, 2016) Ethics Appellate Division determined that School Ethics Commission exceeded its authority when it found that a board member who disclosed executive session in formation to her attorney violated section (g) of the Code of Conduct for School Board Members. The SEC failed to find that the private disclosure could have needlessly injured individuals or the schools. However, the court upheld the SEC’s finding that disclosing executive session material to the board member’s personal attorney was private action that could have compromised the board. Messner v. Gray, Dkt No. A-5418-13, 2016 N.J. Super. Unpub. Lexis 703, (App. Div. March 31, 2016). Appellate Division determined that as a preemptive cure for disqualification, a board member-elect, could assign a claim against the board to her adult emancipated daughter before being seated as a board member. No evidence that the assignment was for improper purposes or that board member retained an interest in the claim once assigned. Stargell v. Snyder, Dkt No. A-4021-13, 2016 N.J. Super. Unpub. Lexis 485, (App. Div. March 7, 2016). Leave of Absence Appellate Division upheld PERC determination that computation of maternity leave benefits pursuant to the Family and Medical Leave Act and N.J. Family Leave Act was mandatorily negotiable coordination of FMLA and NJFLA leave is not preempted by a statute or regulation leaving no discretion to the board. I.M.O. Madison Bd. of Educ., and Madison Educ. Assn., Dkt No. A-3794-14, 2016 N.J. Super. Unpub. Lexis 1038, (App. Div. May 6, 2016). Reduction-in-Force In an appeal of her non-renewal, the Appellate Division dismissed the appeal of a non-tenured special education supervisor who was released pursuant to a RIF following a reduction in state aid. Supervisor and the State-Operated Board conceded that the Board never conducted a roll call vote regarding her removal. Appellate Division affirmed the Commissioner’s decision holding that due to the administrative confusion surrounding the district’s transition to a partially-state-operated district, no such vote was required. Jimenez v. Bd. of Educ. of Jersey City, Dkt. No. A-3757-13, 2016 N.J. Super. Unpub. LEXIS 779, (App. Div., April 8, 2016). Appellate Division affirmed a Civil Service Commission determination that a custodian, who was the subject of a reduction, was not entitled to lateral title rights to other custodial titles in the district where the Commission’s “title comparability” determination was not arbitrary, capricious or unreasonable. I.M.O. Mingo, Newark School District, Dkt. No. A-5602-13, 2016 N.J. Super. Unpub. LEXIS 706, (App. Div. March 15, 2016). Scope Petition Appellate Division affirmed PERC decision ordering arbitration in part, and restraining arbitration in part regarding a baseball coach’s grievance over the board’s decision not to appoint him to a coaching position following a RIF. The increased workload for coaches who remained following the RIF affected the terms and conditions of employment of those coaches and was therefore, subject to arbitration, as was the board’s decision to appoint a different coach as an act of alleged anti-union animus. Board’s decision to implement the RIF was upheld as was the decision to appoint site managers to handle administrative duties formerly performed by coaches. I.M.O. Belleville Township Board of Education Petitioner-Appellant, v. Belleville Education Association, Dkt. No. A-4690-14, 2016 N.J. Super. Unpub. Lexis 1126 (App. Div. May 16, 2016). State Funding Appellate Division invalidated the grants of more than $10 million to Beth Medrash Govoha and three grants of more than $600,000 to Princeton Theological Seminary, as violative of Article I Para. III of the N.J. Constitution. N.J. Supreme Court has previously ruled that the state constitution prevents the use of public funds for the use or maintenance of a religious group. ACLU v. Hendricks, Dkt. No. A-4399-13, 2016 N.J. Super. LEXIS 75 (App. Div. May 26, 2016). Tenure Arbitration Appellate Division reversed Chancery Division decision which overturned an arbitrator’s award suspending a math teacher for 120 days, but ultimately restoring him to his tenured position. The arbitrator found a violation of the board’s acceptable use policy, but failed to find that the teacher’s suggestive comments to female peers created a hostile work environment. Appellate Division, in acknowledging the court’s limited role in review of arbitration decisions, held that the board failed to show that the award was procured by undue means. The court clearly explained the judicial standards of review of an arbitrator’s decision and concluded that to be fatal, the arbitrator’s decision must result in a failure of intent to comply with the law or be so gross as to suggest fraud or misconduct. Bound Brook v. Cirapompa, Dkt. No. A-2198-14, 2015 N.J. Super. LEXIS 185 (App. Div. Oct. 29, 2015). Petition for certification granted by N.J. Supreme Court, limited to the issue of the arbitrator’s reliance on Lehman v. Toys R Us, in dismissing the board’s conduct unbecoming charge. Tort Claims Act Appellate Division affirmed the grant of summary judgment and dismissal, with prejudice, of plaintiff’s claim when injured by a flagpole blown over by an errant gust of wind during election day. Plaintiff failed to prove the custodian’s conduct in securing the flagpole was palpably unreasonable. Pearl v. Voorhees Township Bd. of Educ., Dkt No. A-1262-14, 2016 N.J. Super. Unpub. Lexis 1088, (App. Div. May 12, 2016). Appellate Division affirmed the grant of summary judgment and dismissal, with prejudice, of plaintiff claims alleging injury of the school playground on Labor Day when she tripped over a metal rod that had become detached from a fence surrounding the property. Plaintiff failed to prove actual or constructive notice of the defect. Mcgrath v. Union Ave. Elem. Sch., Docket No. A-3622-14, 2016 N.J. Super. Unpub. Lexis 1137 (App. Div. May 17, 2016). Appellate Division upheld the dismissal of former student’s claims of negligent supervision more than four years after student was sexually abused by a district music teacher. Court held that the discovery rule only tolled the statute until such time as the student understood that her relationship with the teacher was abusive. Plaintiff failed to file a claim within 90 days of that date. T.L. v. Scheck, Dkt. No. A-2032-14, 2016 N.J. Super. Unpub. Lexis 1157 (App. Div. May 19, 2016). Appellate Division upheld, in part, dismissed in part, and remanded former student’s claims of negligence where student suffered a partially severed finger in a weight-lifting drill in the school hallway. Expert testimony was not required to demonstrate the standard of care that should have been used in supervising the activity. The Court upheld the dismissal of the former student’s claim for pain and suffering for failure to present proof of medical expenses in excess of $3600, but allowed the claim for permanent disfigurement to move forward. Hardy v. Sparta Township High School, Dkt. No. A-5417-13, 2016 N.J. Super. Unpub. Lexis 1117 (App. Div. May 16, 2016). Tuition Appellate Division affirmed Commissioner’s decision denying that portion of tuition costs associated with services provided by an unlicensed teacher. Teacher acquired emergency certificate for the 2005-06 school year, but failed to resolve administrative difficulties or apply for emergency certification for 2006-07. School district failed to ensure that teacher was properly licensed for 2006-07, after having been made aware of licensure issues during the preceding year. Private school did not show it took a series of steps to comply with its regulatory obligation, nor did it provide a reasonable explanation why it did not comply. Pineland Learning Center v. New Jersey Department of Education, Dkt No. A-4854-13, 2016 N.J. Super. Unpub. Lexis 1005, (App. Div. May 3, 2016). Unfair Labor Practice Appellate Division reversed PERC determination, holding that PERC improperly abandoned its long-standing dynamic status quo doctrine. PERC initially held that Atlantic County’s failure to pay salary increments during the period of an expired collective bargaining agreement was not an unfair labor practice. The Appellate Division determined that PERC’s administrative reversal was in conflict with its legislative mandate. IMO County of Atlantic and PBA Local 243, Dkt. No. A-2477-13 and A-0107-14 (App. Div. March 9, 2016).