Category: School Law

Third Circuit Rules University Immune from Suit as “Arm of the State”

Third Circuit Rules University Immune from Suit as “Arm of the State”

Resolving a split in the federal courts in New Jersey and Pennsylvania, the Third Circuit Court of Appeals recently held that state universities are entitled to Sovereign Immunity protections in discrimination law suits.  The decision in Maliandi v. Montclair State University found that Montclair State University (MSU) is entitled to

NJ Law Creates New Class of Officers to Provide School Security

NJ Law Creates New Class of Officers to Provide School Security

Gov. Chris Christie recently signed legislation into law that establishes a new category of special law enforcement officers. The Class Three special law enforcement (SLEO III) officers will be authorized to provide security in New Jersey’s public and nonpublic schools and county colleges. Previously, boards of education were authorized to hire

NJ Appeals Court Holds School District Not Liable for Abuse

NJ Bill Would Require School Board Members to Confirm Eligibility

A bill pending in the New Jersey Assembly would require school board candidates to affirm that they have not been convicted of crimes that would disqualify them from office when filing their nominating petitions. The legislation, Assembly Bill 4206, is currently pending before the Assembly Judiciary Committee.  Under N.J.S.18A:12-1, individuals

NJ Legislature Looking to Bonds to Boost School Facilities Security

Third Circuit Rules Discrimination Claims Subject to IDEA Exhaustion Requirement

In S.D. v. Haddon Heights Board of Education, the Third Circuit Court of Appeals held that claims that a board of education discriminated against a student and his parents based on his disability, and retaliated against them for enforcing the child’s rights under various federal laws, are subject to the

Law Requires NJ Higher Ed Institutions to Adopt Suicide Prevention Measures

Law Requires NJ Higher Ed Institutions to Adopt Suicide Prevention Measures

Gov. Chris Christie recently signed legislation into law that will require higher education institutions in New Jersey to take steps to prevent suicide. The measure, which applies to all colleges and universities, unanimously passed in both the Senate and the Assembly.  The Madison Holleran Suicide Prevention Act specifically requires institutions

Third Circuit: Teacher’s Anti-Student Blog Posts Not Protected by First Amendment

Third Circuit: Teacher’s Anti-Student Blog Posts Not Protected by First Amendment

By a vote of 2-1, the Third Circuit Court of Appeals recently held in Munroe v. Central Bucks School District that a Pennsylvania teacher’s anti-student blog posts were not protected under the First Amendment’s free speech guarantee. According to the appeals court, the teacher’s speech did not rise to the

NJ Supreme Court Sides With School Board in Whistleblower Case

In State v. Ivonne Saavedra, the Supreme Court of New Jersey held that a school board clerk could be criminally indicted for taking confidential documents from the North Bergen Board of Education. In so ruling, the court rejected the defendant’s arguments that that Quinlan v. Curtiss-Wright Corp., 204 N.J. 239