One at One: ESSER II Funds
Posted March 31, 2021 in Education & School Law
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 […]
One at One: Opposing Counsel Rule
Posted March 25, 2021 in Education & School Law
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. […]
One at One: Bill S3488
Posted March 16, 2021 in Education & School Law
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 […]
One at One: Compensatory Education
Posted March 10, 2021 in Education & School Law
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 […]
One at One: New Jersey’s New Marijuana Laws & Schools
Posted March 2, 2021 in Education & School Law
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 […]
One at One: New Jersey Statewide Assessments
Posted February 24, 2021 in Education & School Law
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 […]
One at One: Contracts and New Jersey Jurisdiction
Posted February 16, 2021 in Education & School Law
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 […]
One at One: Student Records & OPRA
Posted February 10, 2021 in Education & School Law
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), […]
One at One: Aide in Lieu Payments
Posted January 20, 2021 in Education & School Law
Today’s Issue: Can districts pro-rate 2020-21 aide in lieu of transportation payments (“AIL payments”) to account for periods of remote instruction during which parents/guardians did not transport their children to school? Answer: Yes, a district can pro-rate AIL payments to account for periods of remote instruction. In 2020-21, the maximum AIL payment per student is […]
Caitlin Pletcher Discusses the Effects of COVID-19 on School Districts – the Challenges & Silver Lining
Posted December 5, 2020 in Education & School Law, News
Caitlin Pletcher, a Partner in the Florio Perrucci Steinhardt Cappelli Tipton & Taylor Education Law Group, was recently interviewed by Dianne DeOliveira on 107.1 – The Boss’ Jersey Shore Matters radio show. Pletcher discussed how COVID-19 is impacting New Jersey School Districts. She addressed a variety of topics including how school districts are meeting their […]
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