Category: School Law

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

indemnification

NJ Supreme Court Addresses Indemnification of School Employees

The Supreme Court of New Jersey recently addressed whether N.J.S.A. 18A:16-6 entitles a school board employee to indemnification for attorney fees and costs spent in defense of a civil action arising from the same allegations contained in a dismissed criminal indictment. In L.A. v. Board of Education of the City

Gov. Murphy Signs NJ Voter Registration Bill

NJ Court Allows Nonbinding Referendum Question Over School Board Matter

The case of Harrison Board of Education v. Netchert, which was recently approved for publication, presented what the court deemed an “interesting conundrum”: whether a referendum question that plaintiff concedes has no actual legal effect on the relationship between the parties nonetheless should be barred. The court ultimately answered no.

Appeals Court Rules New Jersey School Not Liable for Injury Caused by Errant Baseball

Appeals Court Rules New Jersey School Not Liable for Injury Caused by Errant Baseball

Homework matters, even in baseball. The Appellate Division recently held that a local school board could not be held liable for the injuries suffered by Tenafly mother, who was struck by a baseball while attending her son’s game. The decision in Brigante v. Tenafly Board of Education addresses when a

Court Upholds Gov. Christie’s Appointment to Rutgers Board of Governors

Court Upholds Gov. Christie’s Appointment to Rutgers Board of Governors

The New Jersey Appellate Division recently upheld Gov. Chris Christie’s appointment of Martin Perez to the Rutgers Board of Governors, rejecting a challenge from Senate President Steve Sweeney. The Facts of the Case The New Jersey Medical and Health Sciences Education Restructuring Act (Act), which was enacted in 2012, restructured