Today’s Issue by Lena Kim: Whether school districts can offer virtual learning options for the 2021-2022 school year? Answer: Yes. Although Governor Murphy initially stated on March 24, 2021 that New Jersey school districts will return to full in-person classes and will not be allowed to offer virtual learning, he later clarified his statement on […]

On April 1, 2021, Seth Tipton & Caitlin Pletcher, Partners with Florio, Perrucci, Steinhardt, Cappelli, Tipton and Taylor LLC, appeared on the podcast School Law – The Legal Status of Marijuana and its Impact on School Districts. They were interviewed by Ray Pinney of the New Jersey School Board Association. Tipton, Chair of the Firm’s […]

Today’s Issue by Colleen Degnan: Whether school districts may use ESSER II funds (available under the Coronavirus Response & Relief Supplemental Appropriations Act) for the same uses as ESSER I funds (available under the CARES Act). Answer: Yes.  Additionally, the Coronavirus Response & Relief Supplemental Appropriations Act (“CRRSA”) clarified that both ESSER I and ESSER […]

Today’s Issue: Whether “replying all” to opposing counsel’s e-mail (when opposing counsel included their client on the e-mail) constitutes a violation of Rule of Professional Conduct 4.2. Answer: No. The New Jersey Advisory Committee on Professional Ethics recently concluded that a group e-mail chain is an informal mode of communication, similar to a conference call. […]

Today’s Issue: Whether Bill S3488 proposes financial incentives for school districts to form or expand regional school districts. Answer: Yes.  Bill S3488, which the Senate Education Committee has approved and is currently under review by the Senate Budget and Appropriations Committees, creates a grant program as one financial incentive.  As proposed, the grant program offers […]

Today’s Issue by Jaclyn D’Arminio: Whether there is a set formula for determining whether compensatory education is owed, and the amount of compensatory education that is owed, to students with disabilities when there has been an interruption in services caused by COVID-19. Answer: No.  Determinations regarding compensatory education must be made on a case-by-case basis […]

Today’s Issue by Nick Sullivan: Whether the new marijuana laws, enacted by Governor Murphy on February 22, 2021, affect a school district’s reporting requirements under the Uniform Memorandum of Understanding between Education and Law Enforcement Officials. Answer: No.  Although the new marijuana laws decriminalized the possession of marijuana, marijuana remains defined as a controlled dangerous […]

Today’s Issue by Colleen Degnan: Whether twelfth graders are still required to demonstrate proficiency on Statewide assessments in order to graduate, despite the disruption to education caused by COVID-19? Answer: No. Governor Murphy, via Executive Order No. 214 (2021), waived the State’s graduation proficiency test requirement for all twelfth graders who have not yet met […]

Today’s Issue by Matt Rocco: As a public entity located in New Jersey, how can you prevent jurisdiction from being transferred out of New Jersey when you are contracting with a vendor? Answer: Public entities must carefully read the documents submitted by vendors in response to an RFP or bid solicitation (e.g., written proposals and […]

Today’s Issue by Lena Kim: Can a student of a public institution of higher education request his or her own student records under the Open Public Records Act, N.J.S.A. 47:1A-1, et seq.? Answer: Yes. In its recent decision, Doe v. Rutgers, the State University of New Jersey, 2021 WL 100236 (App. Div. January 12, 2021), […]